Common use of Expert Determination Clause in Contracts

Expert Determination. ‌ If the dispute is not resolved under clause 10.3 or clause 10.5, or the parties otherwise agree that the dispute may be resolved by expert determination, the parties may refer the dispute to an expert, in which event: (a) The dispute must be determined by an independent expert in the relevant field:‌ (x) Xxxxxx upon and appointed jointly by the parties; and (ii) In the event that no agreement is reached or no appointment is made within [x] Business Days of the agreement to refer the dispute to an expert, appointed on application of a party by the then President of the Law Society of New South Wales; (b) The expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause; (c) The determination of the dispute by such an expert will be made as an expert and not as an arbitrator and will be in writing and contain the reasons for the determination; (d) The expert will determine the rules for the conduct of the process but must conduct the process in accordance with the rules of natural justice; (e) Each party will bear its own costs in connection with the process and the determination by the expert and will share equally the expert’s fees and costs; and (f) Any determination made by an expert pursuant to this clause is final and binding upon the parties except unless: (i) Within [x] Business Days of receiving the determination, a party gives written notice to the other party that it does not agree with the determination and commences litigation; or (ii) The determination is in respect of, or relates to, termination or purported termination of this agreement by any party, in which event the expert is deemed to be giving a non-binding appraisal.

Expert Determination. ‌ If the dispute is not resolved under clause 10.3 8.3 or clause 10.58.5, or the parties otherwise agree that the dispute may be resolved by expert determination, the parties may refer the dispute to an expert, in which event: (a) The dispute must be determined by an independent expert in the relevant field:‌ (x) Xxxxxx upon and appointed jointly by the parties; and (ii) In the event that no agreement is reached or no appointment is made within [x] Business Days of the agreement to refer the dispute to an expert, appointed on application of a party by the then President of the Law Society of New South Wales; (b) The expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause; (c) The determination of the dispute by such an expert will be made as an expert and not as an arbitrator and will be in writing and contain the reasons for the determination; (d) The expert will determine the rules for the conduct of the process but must conduct the process in accordance with the rules of natural justice; (e) Each party will bear its own costs in connection with the process and the determination by the expert and will share equally the expert’s fees and costs; and (f) Any determination made by an expert pursuant to this clause is final and binding upon the parties except unless: (i) Within [x] Business Days of receiving the determination, a party gives written notice to the other party that it does not agree with the determination and commences litigation; or (ii) The determination is in respect of, or relates to, termination or purported termination of this agreement by any party, in which event the expert is deemed to be giving a non-binding appraisal.

Expert Determination. ‌ If the dispute is not resolved under clause 10.3 7.3 or clause 10.57.5, or the parties otherwise agree that the dispute may be resolved by expert determination, the parties may refer the dispute to an expert, in which event: (a) The the dispute must be determined by an independent expert in the relevant field:‌field: (xi) Xxxxxx agreed upon and appointed jointly by the parties; andprovided that (ii) In in the event that no agreement is reached or no appointment is made within [x] 20 Business Days of the agreement to refer the dispute to an expert, ; then (iii) appointed on application of a party by the then President of the Law Society of New South Wales; (b) The the expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause; (c) The the determination of the dispute by such an expert will be made as an expert and not as an arbitrator and will be in writing and contain the reasons for the determination; (d) The the expert will determine the rules for the conduct of the process but must conduct the process in accordance with the rules of natural justice; (e) Each each party will bear its own costs in connection with the process and the determination by the expert and will share equally the expert’s fees and costs; and (f) Any any determination made by an expert pursuant to this clause is final and binding upon the parties except unless: (i) Within [x] within 20 Business Days of receiving the determination, a party gives written notice to the other party that it does not agree with the determination and commences litigation; or (ii) The the determination is in respect of, or relates to, termination or purported termination of this agreement by any party, in which event the expert is deemed to be giving a non-binding appraisal.

Expert Determination. ‌ If the dispute is not resolved under clause 10.3 11.3 or clause 10.511.5, or the parties otherwise agree that the dispute may be resolved by expert determination, the parties may refer the dispute to an expert, in which event: (a) The dispute must be determined by an independent expert in the relevant field:‌field: (xi) Xxxxxx Agreed upon and appointed jointly by the parties; and (ii) In the event that no agreement is reached or no appointment is made within [x] 20 Business Days of the agreement to refer the dispute to an expert, appointed on application of a party by the then President of the Law Society of New South Wales; (b) The expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause; (c) The determination of the dispute by such an expert will be made as an expert and not as an arbitrator and will be in writing and contain the reasons for the determination; (d) The expert will determine the rules for the conduct of the process but must conduct the process in accordance with the rules of natural justice; (e) Each party will bear its own costs in connection with the process and the determination by the expert and will share equally the expert’s fees and costs; and (f) Any determination made by an expert pursuant to this clause is final and binding upon the parties except unless: (i) Within [x] 20 Business Days of receiving the determination, a party gives written notice to the other party that it does not agree with the determination and commences litigation; or (ii) The determination is in respect of, or relates to, termination or purported termination of this agreement by any party, in which event the expert is deemed to be giving a non-binding appraisal.

Expert Determination. ‌ If the dispute is not resolved under clause 10.3 6.3 or clause 10.56.5, or the parties otherwise agree that the dispute may be resolved by expert determination, the parties may refer the dispute to an expert, in which event: (a) The the dispute must be determined by an independent expert in the relevant field:‌field: (xi) Xxxxxx agreed upon and appointed jointly by the parties; andprovided that (ii) In in the event that no agreement is reached or no appointment is made within [x] 20 Business Days of the agreement to refer the dispute to an expert, ; then (iii) appointed on application of a party by the then President of the Law Society of New South Wales; (b) The the expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause; (c) The the determination of the dispute by such an expert will be made as an expert and not as an arbitrator and will be in writing and contain the reasons for the determination; (d) The the expert will determine the rules for the conduct of the process but must conduct the process in accordance with the rules of natural justice; (e) Each each party will bear its own costs in connection with the process and the determination by the expert and will share equally the expert’s fees and costs; and (f) Any any determination made by an expert pursuant to this clause is final and binding upon the parties except unless: (i) Within [x] within 20 Business Days of receiving the determination, a party gives written notice to the other party that it does not agree with the determination and commences litigation; or (ii) The the determination is in respect of, or relates to, termination or purported termination of this agreement by any party, in which event the expert is deemed to be giving a non-non- binding appraisal.

Expert Determination. ‌ If the dispute is not resolved under clause 10.3 or clause 10.5, or the parties otherwise agree that the dispute may be resolved by expert determination, the parties may refer the dispute to an expert, in which event: (a) The dispute must be determined by an independent expert in the relevant field:‌field: (xi) Xxxxxx upon and Agreed xxxx xxx appointed jointly by the parties; and (ii) In the event that no agreement is reached or no appointment is made within [x] 14 Business Days of the agreement to refer the dispute to an expert, appointed on application of a party by the then President of the Law Society of New South Wales; (b) The expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause; (c) The determination of the dispute by such an expert will be made as an expert and not as an arbitrator and will be in writing and contain the reasons for the determination; (d) The expert will determine the rules for the conduct of the process but must conduct the process in accordance with the rules of natural justice; (e) Each party will bear its own costs in connection with the process and the determination by the expert and will share equally the expert’s fees and costs; and (f) Any determination made by an expert pursuant to this clause is final and binding upon the parties except unless: (i) Within [x] 14 Business Days of receiving the determination, a party gives written notice to the other party that it does not agree with the determination and commences litigation; or (ii) The determination is in respect of, or relates to, termination or purported termination of this agreement by any party, in which event the expert is deemed to be giving a non-binding appraisal.

Expert Determination. ‌ If the dispute is not resolved under clause 10.3 11.3 or clause 10.511.5, or the parties otherwise agree that the dispute may be resolved by expert determination, the parties may refer the dispute to an expert, in which event: (a) The dispute must be determined by an independent expert in the relevant field:‌field: (x) Xxxxxx upon and appointed jointly by the parties; and (ii) In the event that no agreement is reached or no appointment is made within [x] 20 Business Days of the agreement to refer the dispute to an expert, appointed on application of a party by the then President of the Law Society of New South Wales; (b) The expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause; (c) The determination of the dispute by such an expert will be made as an expert and not as an arbitrator and will be in writing and contain the reasons for the determination; (d) The expert will determine the rules for the conduct of the process but must conduct the process in accordance with the rules of natural justice; (e) Each party will bear its own costs in connection with the process and the determination by the expert and will share equally the expert’s fees and costs; and (f) Any determination made by an expert pursuant to this clause is final and binding upon the parties except unless: (i) Within [x] 20 Business Days of receiving the determination, a party gives written notice to the other party that it does not agree with the determination and commences litigation; or (ii) The determination is in respect of, or relates to, termination or purported termination of this agreement by any party, in which event the expert is deemed to be giving a non-binding appraisal.

Expert Determination. ‌ If the dispute is not resolved under clause 10.3 or clause 10.5, or the parties otherwise agree that the dispute may be resolved by expert determination, the parties may refer the dispute to an expert, in which event: (a) The dispute must be determined by an independent expert in the relevant field:‌field: (x) Xxxxxx upon and appointed jointly by the parties; and (ii) In the event that no agreement is reached or no appointment is made within [x] 15 Business Days of the agreement to refer the dispute to an expert, appointed on application of a party by the then President of the Law Society of New South Wales; (b) The expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause; (c) The determination of the dispute by such an expert will be made as an expert and not as an arbitrator and will be in writing and contain the reasons for the determination; (d) The expert will determine the rules for the conduct of the process but must conduct the process in accordance with the rules of natural justice; (e) Each party will bear its own costs in connection with the process and the determination by the expert and will share equally the expert’s fees and costs; and (f) Any determination made by an expert pursuant to this clause is final and binding upon the parties except unless: (i) Within [x] 20 Business Days of receiving the determination, a party gives written notice to the other party that it does not agree with the determination and commences litigation; or (ii) The determination is in respect of, or relates to, termination or purported termination of this agreement by any party, in which event the expert is deemed to be giving a non-binding appraisal.

Expert Determination. ‌ If the dispute is not resolved under clause 10.3 or clause 10.5, or the parties otherwise agree that the dispute may be resolved by expert determination, the parties may refer the dispute to an expert, in which event: (a) The dispute must be determined by an independent expert in the relevant field:‌field: (xi) Xxxxxx Agreed upon and appointed jointly by the parties; and (ii) In the event that no agreement is reached reached, or no appointment is made within [x] 20 Business Days of the agreement to refer the dispute to an expert, appointed on application of a party by the then President of the Law Society of New South Wales; (b) The expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause; (c) The determination of the dispute by such an expert will be made as an expert and not as an arbitrator and will be in writing and contain the reasons for the determination; (d) The expert will determine the rules for the conduct of the process but must conduct the process in accordance with the rules of natural justice; (e) Each party will bear its own costs in connection with the process and the determination by the expert and will share equally the expert’s fees and costs; and (f) Any determination made by an expert pursuant to this clause is final and binding upon the parties except unless: (i) Within [x] 20 Business Days of receiving the determination, a party gives written notice to the other party that it does not agree with the determination and commences litigation; or (ii) The determination is in respect of, or relates to, termination or purported termination of this agreement by any party, in which event the expert is deemed to be giving a non-binding appraisal.

Expert Determination. ‌ If the dispute is not resolved under clause 10.3 11.3 or clause 10.511.5, or the parties otherwise agree that the dispute may be resolved by expert determination, the parties may refer the dispute to an expert, in which event: (a) The dispute must be determined by an independent expert in the relevant field:‌ (x) Xxxxxx upon and appointed jointly by the parties; and (ii) In the event that no agreement is reached or no appointment is made within [x] 20 Business Days of the agreement to refer the dispute to an expert, appointed on application of a party by the then President of the Law Society of New South Wales; (b) The expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause; (c) The determination of the dispute by such an expert will be made as an expert and not as an arbitrator and will be in writing and contain the reasons for the determination; (d) The expert will determine the rules for the conduct of the process but must conduct the process in accordance with the rules of natural justice; (e) Each party will bear its own costs in connection with the process and the determination by the expert and will share equally the expert’s fees and costs; and (f) Any determination made by an expert pursuant to this clause is final and binding upon the parties except unless: (i) Within [x] 20 Business Days of receiving the determination, a party gives written notice to the other party that it does not agree with the determination and commences litigation; or (ii) The determination is in respect of, or relates to, termination or purported termination of this agreement by any party, in which event the expert is deemed to be giving a non-binding appraisal.

Expert Determination. ‌ If the dispute is not resolved under clause 10.3 or clause 10.5, or the parties otherwise agree that the dispute may be resolved by expert determination, the parties may refer the dispute to an expert, in which event: (a) The dispute must be determined by an independent expert in the relevant field:‌field: (x) Xxxxxx upon and appointed jointly by the parties; and (ii) In the event that no agreement is reached or no appointment is made within [x] 20 Business Days of the agreement to refer the dispute to an expert, appointed on application of a party by the then President of the Law Society of New South Wales; (b) The expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause; (c) The determination of the dispute by such an expert will be made as an expert and not as an arbitrator and will be in writing and contain the reasons for the determination; (d) The expert will determine the rules for the conduct of the process but must conduct the process in accordance with the rules of natural justice; (e) Each party will bear its own costs in connection with the process and the determination by the expert and will share equally the expert’s fees and costs; and (f) Any determination made by an expert pursuant to this clause is final and binding upon the parties except unless: (i) Within [x] 10 Business Days of receiving the determination, a party gives written notice to the other party that it does not agree with the determination and commences litigation; or (ii) The determination is in respect of, or relates to, termination or purported termination of this agreement by any party, in which event the expert is deemed to be giving a non-binding appraisal.

Expert Determination. ‌ If the dispute is not resolved under clause 10.3 8.3 or clause 10.58.5, or the parties otherwise agree that the dispute may be resolved by expert determination, the parties may refer the dispute to an expert, in which event: (a) The the dispute must be determined by an independent expert in the relevant field:‌field: (xi) Xxxxxx agreed upon and appointed jointly by Council and the partiesDeveloper; and (ii) In in the event that no agreement is reached or no appointment is made within [x] 30 Business Days of the agreement to refer the dispute to an expert, appointed on application of a party by the then President of the Law Society of New South Wales; (b) The the expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause; (c) The the determination of the dispute by such an expert will be made as an expert and not as an arbitrator and will be in writing and contain the reasons for the determination; (d) The the expert will determine the rules for the conduct of the process but must conduct the process in accordance with the rules of natural justice; (e) Each each party will bear its own costs in connection with the process and the determination by the expert and will share equally the expert’s fees and costs; and (f) Any any determination made by an expert pursuant to this clause is final and binding upon the parties except unless: (i) Within [x] within 20 Business Days of receiving the determination, a party gives written notice to the other party that it does not agree with the determination and commences litigation; or (ii) The the determination is in respect of, or relates to, termination or purported termination of this agreement document by any party, in which event the expert is deemed to be giving a non-binding appraisal.

Expert Determination. ‌ If the dispute is not resolved under clause 10.3 or clause 10.5, or the parties otherwise agree that the dispute may be resolved by expert determination, the parties may refer the dispute to an expert, in which event: (a) The dispute must be determined by an independent expert in the relevant field:‌field: (xi) Xxxxxx agreed upon and appointed jointly by the parties; and (ii) In in the event that no agreement is reached or no appointment is made within [x] twenty (20) Business Days of the agreement to refer the dispute to an expert, appointed on application of a party by the then President of the Law Society of New South Wales; (b) The expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause; (c) The determination of the dispute by such an expert will be made as an expert and not as an arbitrator and will be in writing and contain the reasons for the determination; (d) The expert will determine the rules for the conduct of the process but must conduct the process in accordance with the rules of natural justice; (e) Each party will bear its own costs in connection with the process and the determination by the expert and will share equally the expert’s fees and costs; and (f) Any determination made by an expert pursuant to this clause is final and binding upon the parties except unless: (i) Within [x] within twenty (20) Business Days of receiving the determination, a party gives written notice to the other party that it does not agree with the determination and commences litigation; or (ii) The the determination is in respect of, or relates to, termination or purported termination of this agreement by any party, in which event the expert is deemed to be giving a non-binding appraisal.

Expert Determination. ‌ If the dispute is not resolved under clause 10.3 6.3 or clause 10.56.5, or the parties otherwise agree that the dispute may be resolved by expert determination, the parties may refer the dispute to an expert, in which event: (a) The the dispute must be determined by an independent expert in the relevant field:‌field: (xi) Xxxxxx agreed upon and appointed jointly by the parties; andprovided that (ii) In in the event that no agreement is reached or no appointment is made within [x] 20 Business Days of the agreement to refer the dispute to an expert, ; then (iii) appointed on application of a party by the then President of the Law Society of New South Wales; (b) The the expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause; (c) The the determination of the dispute by such an expert will be made as an expert and not as an arbitrator and will be in writing and contain the reasons for the determination; (d) The the expert will determine the rules for the conduct of the process but must conduct the process in accordance with the rules of natural justice; (e) Each each party will bear its own costs in connection with the process and the determination by the expert and will share equally the expert’s fees and costs; and (f) Any any determination made by an expert pursuant to this clause is final and binding upon the parties except unless: (i) Within [x] within 20 Business Days of receiving the determination, a party gives written notice to the other party that it does not agree with the determination and commences litigation; or (ii) The the determination is in respect of, or relates to, termination or purported termination of this agreement by any party, in which event the expert is deemed to be giving a non-non- binding appraisal.

Expert Determination. ‌ If the dispute is not resolved under clause 10.3 or clause 10.5, or the parties otherwise agree that the dispute may be resolved by expert determination, the parties may refer the dispute to an expert, in which event: (a) The dispute must be determined by an independent expert in the relevant field:‌field: (x) Xxxxxx upon and appointed jointly by the parties; and (ii) In the event that no agreement is reached or no appointment is made within [x] 10 Business Days of the agreement to refer the dispute to an expert, appointed on application of a party by the then President of the Law Society of New South Wales; (b) The expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause; (c) The determination of the dispute by such an expert will be made as an expert and not as an arbitrator and will be in writing and contain the reasons for the determination; (d) The expert will determine the rules for the conduct of the process but must conduct the process in accordance with the rules of natural justice; (e) Each party will bear its own costs in connection with the process and the determination by the expert and will share equally the expert’s fees and costs; and (f) Any determination made by an expert pursuant to this clause is final and binding upon the parties except unless: (i) Within [x] 15 Business Days of receiving the determination, a party gives written notice to the other party that it does not agree with the determination and commences litigation; or (ii) The determination is in respect of, or relates to, termination or purported termination of this agreement by any party, in which event the expert is deemed to be giving a non-binding appraisal.

Expert Determination. ‌ If the dispute is not resolved under clause 10.3 or clause 10.510.6, or the parties otherwise agree that the dispute may be resolved by expert determination, the parties may refer the dispute to an expert, in which event: (a) The dispute must be determined by an independent expert in the relevant field:‌field: (xi) Xxxxxx Agreed upon and appointed jointly by the parties; and (ii) In the event that no agreement is reached or no appointment is made within [x] 20 Business Days of the agreement to refer the dispute to an expert, appointed on application of a party by the then President of the Law Society of New South Wales; (b) The expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause; (c) The determination of the dispute by such an expert will be made as an expert and not as an arbitrator and will be in writing and contain the reasons for the determination; (d) The expert will determine the rules for the conduct of the process but must conduct the process in accordance with the rules of natural justice; (e) Each party will bear its own costs in connection with the process and the determination by the expert and will share equally the expert’s fees and costs; and (f) Any determination made by an expert pursuant to this clause is final and binding upon the parties except unless: (i) Within [x] 20 Business Days of receiving the determination, a party gives written notice to the other party that it does not agree with the determination and commences litigation; or (ii) The determination is in respect of, or relates to, termination or purported termination of this agreement by any party, in which event the expert is deemed to be giving a non-binding appraisal.

Expert Determination. ‌ If the dispute is not resolved under clause 10.3 or clause 10.5, or the parties otherwise agree that the dispute may be resolved by expert determination, the parties may refer the dispute to an expert, in which event: (a) The dispute must be determined by an independent expert in the relevant field:‌field: (x) Xxxxxx upon and appointed jointly by the parties; and (ii) In the event that no agreement is reached or no appointment is made within [x] 20 Business Days of the agreement to refer the dispute to an expert, appointed on application of a party by the then President of the Law Society of New South Wales; (b) The expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause; (c) The determination of the dispute by such an expert will be made as an expert and not as an arbitrator and will be in writing and contain the reasons for the determination; (d) The expert will determine the rules for the conduct of the process but must conduct the process in accordance with the rules of natural justice; (e) Each party will bear its own costs in connection with the process and the determination by the expert and will share equally the expert’s fees and costs; and (f) Any determination made by an expert pursuant to this clause is final and binding upon the parties except unless: (i) Within [x] 20 Business Days of receiving the determination, a party gives written notice to the other party that it does not agree with the determination and commences litigation; or (ii) The determination is in respect of, or relates to, termination or purported termination of this agreement by any party, in which event the expert is deemed to be giving a non-non- binding appraisal.

Expert Determination. ‌ If the dispute is not resolved under clause 10.3 or clause 10.5, or the parties otherwise agree that the dispute may be resolved by expert determination, the parties may refer the dispute to an expert, in which event: (a) The dispute must be determined by an independent expert in the relevant field:‌field: (x) Xxxxxx upon and appointed jointly by the parties; and (ii) In the event that no agreement is reached or no appointment is made within [x] 10 Business Days of the agreement to refer the dispute to an expert, appointed on application of a party by the then President of the Law Society of New South Wales; (b) The expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause; (c) The determination of the dispute by such an expert will be made as an expert and not as an arbitrator and will be in writing and contain the reasons for the determination; (d) The expert will determine the rules for the conduct of the process but must conduct the process in accordance with the rules of natural justice; (e) Each party will bear its own costs in connection with the process and the determination by the expert and will share equally the expert’s fees and costs; and (f) Any determination made by an expert pursuant to this clause is final and binding upon the parties except unless: (i) Within [x] 10 Business Days of receiving the determination, a party gives written notice to the other party that it does not agree with the determination and commences litigation; or (ii) The determination is in respect of, or relates to, termination or purported termination of this agreement by any party, in which event the expert is deemed to be giving a non-binding appraisal.

Expert Determination. ‌ If the dispute is not resolved under clause 10.3 11.3 or clause 10.511.5, or the parties otherwise agree that the dispute may be resolved by expert determination, the parties may refer the dispute to an expert, in which event: (a) The dispute must be determined by an independent expert in the relevant field:‌field: (xi) Xxxxxx Agreed upon and appointed jointly by the parties; and (ii) In the event that no agreement is reached or no appointment is made within [x] 15 Business Days of the agreement to refer the dispute to an expert, appointed on application of a party by the then President of the Law Society of New South Wales;, (b) The expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause; (c) The determination of the dispute by such an expert will be made as an expert and not as an arbitrator and will be in writing and contain the reasons for the determination; (d) The expert will determine the rules for the conduct of the process but must conduct the process in sin accordance with the rules of natural justice; (e) Each party will bear its own costs in connection with the process and the determination by the expert and will share equally the expert’s fees and costs; and (f) Any determination made by an expert pursuant to this clause is final and binding upon the parties except unless: (i) Within [x] 20 Business Days of receiving the determination, a party gives written notice to the other party that it does not agree with the determination and commences litigation; or (ii) The determination is in respect of, or relates to, termination or purported termination of this agreement by any party, in which event the expert is deemed to be giving a non-binding appraisal.

Expert Determination. ‌ If the dispute is not resolved under clause 10.3 11.3 or clause 10.5, or the parties otherwise agree that 11.5 the dispute may may, by agreement between the Parties, both acting reasonably having regard to the nature of the dispute, be resolved by expert determination, the parties may refer the dispute to an expert, in which event: (ai) The dispute must be determined by an independent expert in the relevant field:‌field: (xa) Xxxxxx Agreed upon and appointed jointly by the partiesCouncil and the Developer and Landowner; andor (iib) In the event that no agreement is reached or no appointment is made within [x] Business Days of the agreement to refer the dispute to an expert30 business days, appointed on application of a party Party by the then current President of the Law Society of New South Wales; (bii) The expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause; (ciii) The determination of the dispute by such an expert will be made as an expert and not as an arbitrator and will be in writing and contain the containing reasons for the determination; (div) The expert will determine the rules of the conduct for the conduct of the process process, but must conduct the process in accordance with the rules of natural justice; (ev) Each party Party will bear its own costs in connection with the process and the determination by the expert and will share equally together with an equal proportion of the expert’s fees and costs; and (fvi) Any determination made by an expert pursuant to this clause is final and binding upon the parties Parties except unless: (i) Within [x] Business Days of receiving where the determination, a party gives written notice to the other party that it does not agree with the determination and commences litigation; or (ii) The determination is in respect of, or relates to, termination or purported termination of this agreement Agreement by any partyParty, in which event the expert is deemed to be giving a non-binding appraisalappraisal and any Party may commence litigation in relation to the dispute if it has not been resolved within 20 business days of the expert giving his or her decision.

Expert Determination. ‌ If the dispute is not resolved under clause 10.3 9.3 or clause 10.59.5, or the parties otherwise agree that the dispute may be resolved by expert determination, the parties may refer the dispute to an expert, in which event: (a) The dispute must be determined by an independent expert in the relevant field:‌field: (x) Xxxxxx upon and appointed jointly by the parties; and (ii) In the event that no agreement is reached or no appointment is made within [x] five days Business Days of the agreement to refer the dispute to an expert, appointed on application of a party by the then President of the Law Society of New South Wales; (b) The expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause; (c) The determination of the dispute by such an expert will be made as an expert and not as an arbitrator and will be in writing and contain the reasons for the determination; (d) The expert will determine the rules for the conduct of the process but must conduct the process in accordance with the rules of natural justice; (e) Each party will bear its own costs in connection with the process and the determination by the expert and will share equally the expert’s fees and costs; and (f) Any determination made by an expert pursuant to this clause is final and binding upon the parties except unless: (i) Within [x] ten Business Days of receiving the determination, a party gives written notice to the other party that it does not agree with the determination and commences litigation; or (ii) The determination is in respect of, or relates to, termination or purported termination of this agreement by any party, in which event the expert is deemed to be giving a non-binding appraisal.

Expert Determination. ‌ If the dispute is not resolved under clause 10.3 or clause 10.510.6, or the parties otherwise agree that the dispute may be resolved by expert determination, the parties may refer the dispute to an expert, in which event: (a) The dispute must be determined by an independent expert in the relevant field:‌field: (x) Xxxxxx upon and appointed jointly by the parties; and (ii) In the event that no agreement is reached or no appointment is made within [x] 20 Business Days of the agreement to refer the dispute to an expert, appointed on application of a party by the then President of the Law Society of New South Wales; (b) The expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause; (c) The determination of the dispute by such an expert will be made as an expert and not as an arbitrator and will be in writing and contain the reasons for the determination; (d) The expert will determine the rules for the conduct of the process but must conduct the process in accordance with the rules of natural justice; (e) Each party will bear its own costs in connection with the process and the determination by the expert and will share equally the expert’s fees and costs; and (f) Any determination made by an expert pursuant to this clause is final and binding upon the parties except unless: (i) Within [x] 20 Business Days of receiving the determination, a party gives written notice to the other party that it does not agree with the determination and commences litigation; or (ii) The determination is in respect of, or relates to, termination or purported termination of this agreement by any party, in which event the expert is deemed to be giving a non-binding appraisal.