EXPERT PROCEDURE Sample Clauses

EXPERT PROCEDURE. 19.1 Whenever, in these Conditions, any person is to be appointed as an Expert or any matter is to be referred to an Expert or whenever, during the term of the Agreement, the Parties agree that a dispute between them shall be resolved by an Expert, the provisions of Article 19 shall apply.
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EXPERT PROCEDURE a. For any Dispute related to matters of a technical nature requiring expertise in a particular field or area of law, the Parties hereby agree that such determination may be conducted expeditiously by an expert. This expert must be selected unanimously by the Parties to the Dispute. The expert is not an arbitrator of the Dispute and shall not be deemed to be acting in an arbitral capacity. b. If the Parties to the Dispute are unable to agree upon an expert within seven
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EXPERT PROCEDURE. This Annex shall apply where a matter is to be determined by an expert pursuant to Article 3.4 of this Framework Agreement.
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EXPERT PROCEDURE. (a) Where the Parties have agreed to refer a dispute to an Expert, then the following provisions will apply. (b) The Expert to be appointed will be as agreed between the parties. (c) If the Parties cannot so agree an Expert within 14 days after receipt of the notice of dispute, the Expert to be appointed will be determined as follows: (i) Based on the nature of the matter in dispute, the Parties must in good faith agree which of the following bodies is best qualified to nominate the Expert: (A) Institution of Engineers, Australia; or (B) another industry or professional body, provided that in the absence of agreement between the Parties the Engineers Australia shall nominate an Expert. (ii) The Parties must as soon as practicable request the President or most senior officer of the nominating body (or of the most local division of that body) to nominate the Expert. (d) The Expert will be required to have appropriate technical, commercial and practical experience and expertise in the area of dispute. Any person nominated to act as an Expert will be required to fully disclose any interest or duty prior to that person's appointment. If that person has or may have any interest or duty which conflicts with his appointment as Expert, that person must not be appointed. (e) The Expert will determine the procedures for the conduct of the process to resolve the dispute. The Expert must provide each Party with a fair opportunity to make submissions in relation to the matter in dispute. The Expert will have the power: (i) to inform himself or herself independently as to facts and if necessary technical matters to which the dispute relates; (ii) to receive written submissions and sworn and unsworn written statements and to photocopy documents and to act upon the same; (iii) to consult with such other professionally qualified persons as he or she in his or her absolute discretion thinks fit; (iv) to take such reasonable measures as he or she thinks fit to expedite the completion of the dispute resolution. (f) It will be a term of the Expert's appointment that he or she will be required to make a determination of the dispute within 2 months of his or her appointment or such other period as the Parties may agree. (g) The Expert will be required to deliver a written determination which sets out the reasons for the determination and the findings of fact on which the determination is based. (h) The Expert will act as an expert and not an arbitrator. The findings of the Expert...
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EXPERT PROCEDURE. Where it is provided herein that a matter in dispute may or shall be referred to an Expert or in the event of any dispute between the Parties relating to this Agreement and the Parties agree that such dispute may be settled by utilizing the services of an Expert, the dispute shall be referred to, and determined by, an Expert in accordance with the provisions of this Section 9.18. 9.18.1 The Expert shall be a person suited by reasons of his qualifications, experience and expertise for the determination in question. Such Expert shall, unless otherwise agreed by the Parties, be appointed and act as an expert and not as an arbitrator and the provisions relating to arbitration hereunder shall not apply to the Proceedings and determination. The Parties and Expert shall treat all aspects of the determination, including all verbal and written communications as strictly confidential. The Parties shall require the Expert to execute a confidentiality agreement prior to implementing the terms of this Expert procedure. 9.18.2 The reference to an Expert will be initiated by one Party giving written notice to the other Party (the date on which such notice is given being hereinafter called the "Date of Reference") that it requires the matter in dispute to be referred to an Expert in accordance with the provisions of this Section 9.18. 9.18.3 If the Parties can agree upon the Expert within ten (10) days of the Date of Reference, the matter in dispute shall thereupon be referred to such Expert. 9.18.4 If the Parties cannot agree upon the Expert within the said period of ten (10) days, they will forthwith and in any event within fifteen (15) days of the Date of Reference each appoint an Expert and such Experts so appointed will within a period of twenty (20) days of the Date of Reference jointly appoint the Expert to whom the matter in dispute shall be referred as soon thereafter as practicable in the circumstances. 9.18.5 If a Party fails to appoint an Expert in accordance with the preceding Section 9.18.4 and only one Expert has been appointed, then Expert shall be deemed to be the Expert appointed pursuant to the provisions of this Section 9.18 and the matter in dispute shall be referred to such Expert accordingly. 9.18.6 If the Experts appointed by the Parties under Section 9.18.4 fail to appoint an Expert within twenty (20) days of the Date of Reference, any of the Parties may ask the then President of the AAA to appoint an Expert and the matter in dispute shall thereup...
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EXPERT PROCEDURE. 7.1 The Purchaser shall provide Croda International with a copy of a report by an independent expert (the "PURCHASER'S REPORT" and the "PURCHASER'S EXPERT") addressing any technical or factual issues in relation to any Environmental Indemnity Matter or Environmental Warranty Matter which are the subject of any dispute between Croda International and the Purchaser which is unresolved within 30 days of Croda International or the Purchaser giving Notice of the dispute referring to this paragraph 7 and identifying the relevant issue (the "INITIAL DISPUTE NOTICE"), provided that this paragraph 7 shall not apply to any issue which is to be determined by the Environmental Authority or Court in any Claim (if applicable). The Purchaser's Report shall be so provided within 10 days of the date of the Initial Dispute Notice. 7.2 Croda International shall, within 30 days of having received the Purchaser's Report, give the Purchaser a Notice stating whether or not Croda International disputes any of the findings in the Purchaser's Report and, if so, giving reasons (the "UNRESOLVED DISPUTE NOTICE"). Croda International shall be entitled to provide the Purchaser with a report by an independent expert (the "SELLERS' REPORT" and the "SELLER'S EXPERT") giving such reasons. The Purchaser shall procure that Croda International and its advisers are provided with all facilities, information and access as they may reasonably require in order to decide whether Croda International disputes any of the findings in the Purchaser's Report and to provide a Seller's Report. 7.3 If the parties cannot resolve a dispute within 90 days of the Unresolved Dispute Notice (or such longer period as the Purchaser and Croda International may agree), then the dispute shall be referred to an independent expert (the "INDEPENDENT EXPERT"), the identity of such expert to be agreed by Croda International and the Purchaser or (failing agreement between them within 20 days) to be appointed by the Chairman for the time being of the Institute of Environmental Assessment (or its nearest equivalent in the relevant jurisdiction). The Independent Expert shall be required to have at least ten years' 132 126 experience of advising in relation to matters of the same general description as the relevant Environmental Indemnity Matter in the relevant jurisdiction (or, if none, in other jurisdictions where relevant law and practice are similar). 7.4 The Independent Expert shall act as an expert and not as an arbitrator...
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Related to EXPERT PROCEDURE

  • Complaint Procedure Section 1. Complaints involving charges of sexual harassment, crime (whether misdemeanor or felony), or charges of discrimination are explicitly excluded from consideration under this Article. Such charges shall be pursued under appropriate laws, policies and procedures. Section 2. Complaints by students which fall within the purview of District Student Grievance Procedures shall be processed and investigated under that procedure and shall not be subject to the provisions of this Article. Any subsequent disciplinary action resulting from the Student Grievance Procedures will be discussed with the Adjunct Faculty Member in a separate meeting and the Adjunct Faculty Member will be given the opportunity to have a union representative present; no Member shall be disciplined without just cause. Section 3. Any complaint about an Adjunct Faculty Member shall be immediately investigated by the President or designee. If the complaint appears to have substance, the complaint and the name of the person making the complaint should generally be provided to the Adjunct Faculty Member within fourteen (14) calendar days of receipt of the complaint. Section 4. The complaint and the results of the investigation conducted by the President or designee shall be put into writing. If the investigation appears to substantiate the complaint, as soon as possible after such determination has been made, the President or designee shall meet with the Adjunct Faculty Member to discuss the issues which seem to be involved. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 5. If, after the meeting prescribed in Section 4, there appears to be cause, the person making the complaint shall meet with the President or designee and the Adjunct Faculty Member in an attempt to further understand the complaint or to respond to the complaint and reach a settlement. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 6. If the complaint cannot be settled to the satisfaction of all parties during the meeting provided for in Section 5, the Adjunct Faculty Member may prepare a written response to the complaint. The response shall be attached to the complaint. The complaint and the Adjunct Faculty Member’s response shall be placed in the Adjunct Faculty Member’s Personnel file. Section 7. At any point at which the complaint is judged to be untrue or unsubstantiated, all records of the complaint shall be removed from the personnel file.

  • Settlement Procedure 4.1. The Client has the right to withdraw his/her own funds which are not encumbered with deposit obligations or Commission payments in case of Copy Trading. 4.2. Money transfers are made within 1-3 banking days. 4.3. Money transfer can be deferred by the Company for the period of 14 working days in exceptional cases requiring verification of compliance of trading and non-trading operations conducted by the Client with the terms and conditions of this Agreement. If such situation occurs, Company shall immediately notify Client by e-mail specified in the Client Profile. The Client has the right to request the status of the verification process only by contacting Trading operations department by e-mail at: ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. 4.4. The Client’s payment instruction received, the amount to withdraw is deducted from the 4.5. In case of return of funds, the Client pays transfer fees. 4.6. The Client gives all instructions related to deposits and withdrawals of funds from the account through the Client's Profile in the order determined by the algorithm of Client's Profile operation. 4.7. The Company corrects balances in the accounts with a fixed negative value in the “Balance” column in the trading terminal on the 1st of each month. Correction (setting to zero) of trading accounts shall be applied solely to those accounts in which no trades are conducted at the moment of correction, i.e. no active open trading positions are present (pending orders will not be considered). Bonus funds are deducted from the “Credit” column with the comment “bonus_out (negative balance)”. At the same time, funds in the amount equal to the negative balance value are put into the account with the comment “Zero Balance Correction”. 4.8. The Client can withdraw funds from his/her account using any payment system which is accessible in the Client’s Profile. 4.8.1. If funds withdrawal is made via electronic payment systems, the withdrawal is possible only to the same system and with the same payment details within the system that were used to top up the trading account, and in same currency in which the deposit was made. If the account was topped up by different ways, in various currencies and using different payment details, withdrawals should be made proportionally. 4.8.2. If the Client’s payment details within the payment system are changed for some reason, the Client shall notify the Company by sending an email to the financial department with a photo where the Client is holding an ID close to his/her face attached. Otherwise, the Company reserves the right to deny funds withdrawal by use of new payment details. 4.9. Deposit of Client’s funds can be made by any methods available on the Company’s site. 4.9.1. The Client acknowledges that in case of software failure there can be delays in depositing funds in his/her trading account. 4.9.2. The Company undertakes to deposit funds in the Client’s trading account in case of any software failure resulting in delay in automated deposit provided that the Company was informed about the delay by the Client. 4.10. The Company doesn’t charge any deposit or withdrawal fees from Clients’ trading accounts. 4.11. The Client understands and accepts the fact that his/her money withdrawal request may be declined, and money will be retransferred to the Client’s account if the Client did not provide necessary identification information (copy of ID document, bank card or any other documents required by the Company based on the AML policy) upon the Company’s request via the Client’s Profile within 7 (seven) business days following the request. 4.12. The Client agrees that the Company may accept and make payments through payment agents. In particular, Skrill and Neteller payments are processed through LiteFinance Consulting Limited registered at ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇ 11 1 AA, Gibraltar, and acting as a payment agent of LiteFinance Global LLC.

  • Mediation Procedure The Chairman shall promptly advise the parties of a scheduled Mediation Hearing date. Unless a party requests an expedited procedure, or unless all parties to the proceeding agree to one or more extensions of time, the Mediation Hearing set forth below shall be completed within forty (40) days of BCBSA's receipt of the Complaint. The selected mediators, unless the parties otherwise agree, shall adhere to the following procedure: i. Each party must be represented by its CEO or other representative who has been delegated full authority to resolve the dispute. However, parties may send additional representatives as they see fit. ii. By no later than five (5) days prior to the date designated for the Mediation Hearing, each party shall supply and serve a list of all persons who will be attending the Mediation Hearing, and indicate who will have the authority to resolve the dispute. iii. Each party will be given one-half hour to present its case, beginning with the complaining party (or parties), followed by the other party or parties. The parties are free to structure their presentations as they see fit, using oral statements or direct examination of witnesses. However, neither cross- examination nor questioning of opposing representatives will be permitted. At the close of each presentation, the selected mediators will be given an opportunity to ask questions of the presenters and witnesses. All parties must be present throughout the Mediation Hearing. The selected mediators may extend the time allowed for each party's presentation at the Mediation Hearing. The selected mediators may meet in executive session, outside the presence of the parties, or may meet with the parties separately, to discuss the controversy. iv. After the close of the presentations, the parties will attempt to negotiate a settlement of the dispute. If the parties desire, the selected mediators, or any one or more of the selected mediators, will sit in on the negotiations. v. After the close of the presentations, the selected mediators may meet privately to agree upon a recommendation for resolution of the dispute which would be submitted to the parties for their consideration and approval. If the parties have previously agreed to be bound by the results of this procedure, this recommendation shall be binding upon the parties. vi. The purpose of the Mediation Hearing is to assist the parties to settle their grievances short of mandatory dispute resolution. As a result, the Mediation Hearing has been designed to be as informal as possible. Rules of evidence shall not apply. There will be no transcript of the proceedings, and no party may make a tape recording of the Mediation Hearing. vii. In order to facilitate a free and open discussion, the Mediation proceeding shall remain confidential. A "Stipulation to Confidentiality" which prohibits future use of settlement offers, all position papers or other statements furnished to the selected mediators, and decisions or recommendations in any Mediation proceeding shall be executed by each party. viii. Upon request of the selected mediators, or one of the parties, BCBSA staff may also submit documentation at any time during the proceedings.

  • Formal Procedure No different or additional Work or contractual obligations will be authorized or performed unless contemplated within the Scope of Work and memorialized in an amendment or modification of the Contract that is executed in compliance with this Article. No waiver of any term, covenant, or condition of the Contract will be valid unless executed in compliance with this Article. Contractor will not be entitled to payment for Work that is not authorized by a properly executed Contract amendment or modification, or through the express written authorization of HHSC. Any changes to the Contract that results in a change to either the term, fees, or significantly impacting the obligations of the parties to the Contract must be effectuated by a formal Amendment to the Contract. Such Amendment must be signed by the appropriate and duly authorized representative of each party in order to have any effect.

  • DISPUTE SETTLEMENT PROCEDURE A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. Disputes over any work related or industrial matter should be dealt with as close to its source as possible. Disputes over matters arising from this agreement shall be dealt with according to the following procedure. An employee or the union delegate or site ▇▇▇▇▇▇▇ or Enterprise should initially submit any work related grievance and/or industrial matter to the site foreperson, supervisor or other appropriate site representative of the company or appropriate site union representative as relevant. If the matter remains unresolved the union delegate or site ▇▇▇▇▇▇▇ may then submit the matter to the appropriate senior management person. Where relevant the Enterprise may submit the matter to a union official. If still not resolved the delegate or site ▇▇▇▇▇▇▇ shall refer the matter to an appropriate official of the union, who shall discuss the matter with the nominated representative of the Enterprise. If still not resolved there may be discussions between the state secretary and senior management representative. Whilst the above procedures are being followed work should continue as normal. This procedure is to be followed in good faith and without unreasonable delay by any party. Should the matter remain unresolved and where the issue is within the jurisdiction of the Victorian Building Industry Disputes Board (“the Board”), either of the parties shall refer the dispute at first instance to the Board (which shall deal with the dispute in accordance with VBIA procedures and, where required, determine issues of jurisdiction). The Board’s decision will be accepted by all parties subject to the right of either party to refer the dispute to the Australian Industrial Relations Commission for conciliation and if required arbitration. The Commission’s decision will be accepted by all parties subject to legal rights of appeal. This dispute settlement procedure does not apply to health and safety issues or issues of industry, state or national significance.