Common use of Expert Proceedings Clause in Contracts

Expert Proceedings. For any decision referred to an expert under this Agreement, the Parties hereby agree that such decision shall be conducted expeditiously by an expert selected unanimously by the Development Parties. The expert is not an arbitrator of the dispute and shall not be deemed to be acting in an arbitral capacity. The expert shall not (without the written consent of the Development Parties) be appointed to act as an arbitrator or as adviser to any Development Party arbitrated pursuant to Section 13.2, provided that nothing in this sentence shall preclude any Development Party from using the expert as a witness regarding the proper conduct of the expert procedure. The Development Party desiring an expert determination shall give the other Development Party written notice of the request for such determination. If the Development Parties are unable to agree upon an expert within ten (10) days after receipt of the notice of request for an expert determination, then, upon the request of any of the Development Parties, the AAA shall appoint such expert. The expert, once appointed, shall have no ex parte communications with the Development Parties concerning the expert determination or the underlying dispute. All communications between any Development Party and the expert shall be conducted in writing, with copies sent simultaneously to the other Development Party in the same manner, or at a meeting to which all Development Parties have been invited and of which such Development Parties have been provided at least five (5) Business Days notice. Within thirty (30) days after the expert’s acceptance of its appointment, the Development Parties shall provide the expert with a report containing their proposal for the resolution of the matter and the reasons therefor, accompanied by all relevant supporting information and data. Within sixty (60) days of receipt of the above-described materials and after receipt of additional information or data as may be required by the expert, the expert shall select the proposal which it finds more consistent with the terms of this Agreement. The expert may not propose alternate positions or award damages, interest or penalties to any Party with respect to any matter. The expert’s decision shall be final and binding on the Development Parties. Any Party that fails or refuses to honor the decision of an expert shall be in default under this Agreement.

Expert Proceedings. For any decision referred to an expert under this Agreement, the Parties hereby agree that such decision shall be conducted expeditiously by an expert selected unanimously by the Development PartiesMembers. The expert is not an arbitrator of the dispute and shall not be deemed to be acting in an arbitral capacity. The expert shall not (without the written consent of the Development PartiesMembers) be appointed to act as an arbitrator or as adviser to any Development Party Member in connection with any Dispute arbitrated pursuant to Section 13.212.2, provided that nothing in this sentence shall preclude any Development Party Member from using the expert as a witness regarding the proper conduct of the expert procedure. The Development Party Member desiring an expert determination shall give the other Development Party Members written notice of the request for such determination. If the Development Parties Members are unable to agree upon an expert within ten (10) days after receipt of the written notice of request for an expert determination, then, upon the request of any of the Development PartiesMembers, the AAA shall appoint such expert. The expert, once appointed, shall have no ex parte communications with the Development Parties Members concerning the expert determination or the underlying dispute. All communications between any Development Party Member and the expert shall be conducted in writing, with copies sent simultaneously to the other Development Party Members participating in the expert proceeding in the same manner, or at a meeting to which representatives of all Development Parties Members participating in the expert proceeding have been invited and of which such Development Parties Members have been provided at least five (5) Business Days notice. Within thirty (30) days after the expert’s acceptance of its appointment, the Development Parties each Member or Affiliated Member Group, as applicable, shall provide the expert with a report containing their its proposal for the resolution of the matter and the reasons therefor, accompanied by all relevant supporting information and data. Within sixty (60) days of receipt of the above-described materials and after receipt of additional information or data as may be required by the expert, the expert shall select the proposal which it finds more consistent with the terms of this Agreement. The expert may not propose alternate positions or award damages, interest or penalties to any Party Members with respect to any matter. The expert’s decision shall be final and binding on the Development PartiesMembers. Any Party Member that fails or refuses to honor the decision of an expert shall be in default under this Agreement.

Expert Proceedings. For any decision Determination of the Cash Value pursuant to Section 6.4, or Section 2.2 of the Transfer Provisions, shall be referred to an expert under (the “Expert”) pursuant to this Agreement, the Parties hereby agree that such decision shall be conducted expeditiously by an expert selected unanimously by the Development PartiesSection 11.9. The expert Expert is not an arbitrator of the dispute and shall not be deemed to be acting in an arbitral capacity. The expert Expert shall not (without the written consent of the Development Parties) be appointed to act as an arbitrator or as adviser to any Development Party in any Dispute arbitrated pursuant to Section 13.2, 11.8; provided that nothing in this sentence shall preclude any Development Party from using the expert Expert as a witness regarding the proper conduct of the expert procedure. The Development Party desiring an expert determination shall give the other Development Party written notice of the request for such determination. If the Development Parties are unable to agree upon an expert Expert within ten (10) 10 days after receipt of the notice of request for an expert determination, then, upon the request of any of the Development Parties, the Houston office of the AAA shall appoint such expertthe Expert. The expert, once Once appointed, the Expert shall have no ex parte communications with the Development Parties concerning the expert determination or the underlying disputeDispute. All communications between any Development Party and the expert Expert shall be conducted in writing, with copies sent simultaneously to the other Development Party in the same manner, or at a meeting or conference call to which all Development Parties have been invited and of which such Development Parties have been provided at least five (5) Business Days notice. Within thirty (30) 30 days after the expertExpert’s acceptance of its appointment, the Development Parties shall each provide the expert Expert with a report containing their proposal for the resolution of the matter its proposed Cash Value and the reasons therefor, accompanied by all relevant supporting information and data. Within sixty (60) 60 days of receipt of the above-described materials and after receipt of additional information or data as the Expert may be required by the expertrequest, the expert Expert shall select the proposal which Cash Value proposed by one of the Parties that it finds more consistent with the terms of this Agreement. The expert Expert may not propose alternate positions Cash Values or award damages, interest or penalties to any Party with respect to any matter. The expert’s decision shall be final and binding on the Development PartiesParty. Any Party that fails or refuses to honor the decision determination of an expert the Cash Value by the Expert shall be in default under this Agreement.

Expert Proceedings. For any decision referred to an expert under this Agreement, the Parties hereby agree that such decision shall be conducted expeditiously by an expert selected unanimously by the Development PartiesMembers. The expert is not an arbitrator of the dispute and shall not be deemed to be acting in an arbitral capacity. The expert shall not (without the written consent of the Development PartiesMembers) be appointed to act as an arbitrator or as adviser to any Development Party Member arbitrated pursuant to Section 13.215.2, provided that nothing in this sentence shall preclude any Development Party Member from using the expert as a witness regarding the proper conduct of the expert procedure. The Development Party Member desiring an expert determination shall give the other Development Party Members written notice of the request for such determination. If the Development Parties Members are unable to agree upon an expert within ten (10) days after receipt of the written notice of request for an expert determination, then, upon the request of any of the Development PartiesMembers, the AAA shall appoint such expert. The expert, once appointed, shall have no ex parte communications with the Development Parties Members concerning the expert determination or the underlying dispute. All communications between any Development Party Member and the expert shall be conducted in writing, with copies sent simultaneously to the other Development Party Members participating in the expert proceeding in the same manner, or at a meeting to which representatives of all Development Parties Members participating in the expert proceeding have been invited and of which such Development Parties Members have been provided at least five (5) Business Days notice. Within thirty (30) days after the expert’s acceptance of its appointment, the Development Parties Members shall provide the expert with a report containing their proposal for the resolution of the matter and the reasons therefor, accompanied by all relevant supporting information and data. Within sixty (60) days of receipt of the above-described materials and after receipt of additional information or data as may be required by the expert, the expert shall select the proposal which it finds more consistent with the terms of this Agreement. The expert may not propose alternate positions or award damages, interest or penalties to any Party Members with respect to any matter. The expert’s decision shall be final and binding on the Development PartiesMembers. Any Party Member that fails or refuses to honor the decision of an expert shall be in default under this Agreement.

Expert Proceedings. For any decision referred to an expert under this AgreementAgreement as expressly provided herein, the Parties hereby agree that such decision shall be conducted expeditiously by an expert (who shall have at least 10 years of oil and gas exploration and development experience in the Development Area and with respect to the subject matter giving rise to the underlying dispute) selected unanimously by the Development PartiesParties to such dispute. The expert is not an arbitrator of the dispute and shall not be deemed to be acting in an arbitral capacity. The expert shall not (without the written consent of the Development Parties) be appointed to act as an arbitrator or as adviser to any Development Party arbitrated pursuant to Section 13.2, provided that nothing in this sentence shall preclude any Development Party from using the expert as a witness regarding the proper conduct of the expert procedure. The Development Party desiring an expert determination shall give the other Development Party written notice of the request for such determination. If the Development Parties are unable to agree upon an expert within ten (10) 10 days after receipt of the notice of request for an expert determination, then, upon the request of any of the Development Parties, the AAA 00 Xxxxxxxxxx, Xxxxxxxxxxxx office of the American Arbitration Association shall appoint such expert. The expert, once appointed, shall have no ex parte communications with the Development Parties concerning the expert determination or the underlying dispute. All communications between any Development Party and the expert shall be conducted in writing, with copies sent simultaneously to the other Development Party in the same manner, or at a meeting to which all Development Parties have been invited and of which such Development Parties have been provided at least five (5) 5 Business Days notice. Within thirty (30) 30 days after the expert’s 's acceptance of its appointment, the Development Parties shall provide the expert with a report containing their proposal for the resolution of the matter and the reasons therefor, accompanied by all relevant supporting information and data. Within sixty (60) 60 days of receipt of the above-described materials and after receipt of additional information or data as may be required by the expert, the expert shall select the proposal which it finds more consistent with the terms of this Agreement. The expert may not propose alternate positions or award damages, interest or penalties to any Party with respect to any matter. The expert’s 's decision shall be final and binding on the Development Parties. Any Party that fails or refuses to honor the decision of an expert shall be in default under this Agreement.. (c)

Expert Proceedings. For any decision referred to an expert under this AgreementAgreement as expressly provided herein, the Parties hereby agree that such decision shall be conducted expeditiously by an expert (who shall have at least 10 years of oil and gas exploration and development experience in the Development Area and with respect to the subject matter giving rise to the underlying dispute) selected unanimously by the Development PartiesParties to such dispute. The expert is not an arbitrator of the dispute and shall not be deemed to be acting in an arbitral capacity. The expert shall not (without the written consent of the Development Parties) be appointed to act as an arbitrator or as adviser to any Development Party arbitrated pursuant to Section 13.2, provided that nothing in this sentence shall preclude any Development Party from using the expert as a witness regarding the proper conduct of the expert procedure. The Development Party desiring an expert determination shall give the other Development Party written notice of the request for such determination. If the Development Parties are unable to agree upon an expert within ten (10) 10 days after receipt of the notice of request for an expert determination, then, upon the request of any of the Development Parties, the AAA 00 Xxxxxxxxxx, Xxxxxxxxxxxx office of the American Arbitration Association shall appoint such expert. The expert, once appointed, shall have no ex parte communications with the Development Parties concerning the expert determination or the underlying dispute. All communications between any Development Party and the expert shall be conducted in writing, with copies sent simultaneously to the other Development Party in the same manner, or at a meeting to which all Development Parties have been invited and of which such Development Parties have been provided at least five (5) 5 Business Days notice. Within thirty (30) 30 days after the expert’s 's acceptance of its appointment, the Development Parties shall provide the expert with a report containing their proposal for the resolution of the matter and the reasons therefor, accompanied by all relevant supporting information and data. Within sixty (60) 60 days of receipt of the above-described materials and after receipt of additional information or data as may be required by the expert, the expert shall select the proposal which it finds more consistent with the terms of this Agreement. The expert may not propose alternate positions or award damages, interest or penalties to any Party with respect to any matter. The expert’s 's decision shall be final and binding on the Development Parties. Any Party that fails or refuses to honor the decision of an expert shall be in default under this Agreement.

Expert Proceedings. For any decision referred to an expert under this Agreement, the Parties hereby agree that such decision shall be conducted expeditiously by an expert selected unanimously by the Development Parties. The expert is not an arbitrator of the dispute Dispute and shall not be deemed to be acting in an arbitral capacity. The expert shall not (without the written consent of the Development Parties) be appointed to act as an arbitrator or as adviser to any Development Party arbitrated pursuant to Section 13.2, provided that nothing in this sentence shall preclude any Development Party from using the expert as a witness regarding the proper conduct of the expert procedure. The Development Party desiring an expert determination shall give the other Development Party written notice of the request for such determination. If the Development Parties are unable to agree upon an expert within ten (10) 10 days after receipt of the notice of request for an expert determination, then, upon the request of any of the Development Parties, the AAA American Arbitration Association (“AAA”) shall appoint such expert. The expert, once appointed, shall have no ex parte communications with the Development Parties concerning the expert determination or the underlying disputeDispute. All communications between any Development Party and the expert shall be conducted in writing, with copies sent simultaneously to the other Development Party in the same manner, or at a meeting to which all Development Parties have been invited and of which such Development Parties have been provided at least five (5) Business Days Days’ notice. Within thirty (30) 30 days after the expert’s acceptance of its appointment, the Development Parties shall provide the expert with a report containing their proposal for the resolution of the matter and the reasons therefor, accompanied by all relevant supporting information and data. Within sixty (60) 60 days of receipt of the above-described materials and after receipt of additional information or data as may be required by the expert, the expert shall select the proposal which it finds more consistent with the terms of this Agreement. The expert may not propose alternate positions or award damages, interest or penalties to any Party with respect to any matter. The expert’s decision shall be final and binding on the Development Parties. Any Party that fails or refuses to honor the decision of an expert shall be in default under this Agreement.

Expert Proceedings. For any decision referred to an expert under this AgreementAgreement as expressly provided herein, the Parties hereby agree that such decision shall be conducted expeditiously by an expert (who shall have at least 10 years of oil and gas exploration and development experience in the Development Area and with respect to the subject matter giving rise to the underlying dispute) selected unanimously by the Development PartiesParties to such dispute. The expert is not an arbitrator of the dispute and shall not be deemed to be acting in an arbitral capacity. The expert shall not (without the written consent of the Development Parties) be appointed to act as an arbitrator or as adviser to any Development Party arbitrated pursuant to Section 13.2, provided that nothing in this sentence shall preclude any Development Party from using the expert as a witness regarding the proper conduct of the expert procedure. The Development Party desiring an expert determination shall give the other Development Party written notice of the request for such determination. If the Development Parties are unable to agree upon an expert within ten (10) 10 days after receipt of the notice of request for an expert determination, then, upon the request of any of the Development Parties, the AAA Pittsburgh, Pennsylvania office of the American Arbitration Association shall appoint such expert. The expert, once appointed, shall have no ex parte communications with the Development Parties concerning the expert determination or the underlying dispute. All communications between any Development Party and the expert shall be conducted in writing, with copies sent simultaneously to the other Development Party in the same manner, or at a meeting to which all Development Parties have been invited and of which such Development Parties have been provided at least five (5) 5 Business Days notice. Within thirty (30) 30 days after the expert’s acceptance of its appointment, the Development Parties shall provide the expert with a report containing their proposal for the resolution of the matter and the reasons therefor, accompanied by all relevant supporting information and data. Within sixty (60) 60 days of receipt of the above-described materials and after receipt of additional information or data as may be required by the expert, the expert shall select the proposal which it finds more consistent with the terms of this Agreement. The expert may not propose alternate positions or award damages, interest or penalties to any Party with respect to any matter. The expert’s decision shall be final and binding on the Development Parties. Any Party that fails or refuses to honor the decision of an expert shall be in default under this Agreement.

Expert Proceedings. For any decision referred to an expert under this Agreement, the Parties hereby agree that such decision shall be conducted expeditiously by an expert selected unanimously by the Development Parties. The expert is not an arbitrator of the dispute Dispute and shall not be deemed to be acting in an arbitral capacity. The expert shall not (without the written consent of the Development Parties) be appointed to act as an arbitrator or as adviser to any Development Party arbitrated pursuant to Section 13.2, provided that nothing in this sentence shall preclude any Development Party from using the expert as a witness regarding the proper conduct of the expert procedure. The Development Party desiring an expert determination shall give the other Development Party written notice of the request for such determination. If the Development Parties are unable to agree upon an expert within ten (10) days after receipt of the notice of request for an expert determination, then, upon the request of any of the Development Parties, the AAA American Arbitration Association (“AAA”) shall appoint such expert. The expert, once appointed, shall have no ex parte communications with the Development Parties concerning the expert determination or the underlying disputeDispute. All communications between any Development Party and the expert shall be conducted in writing, with copies sent simultaneously to the other Development Party in the same manner, or at a meeting to which all Development Parties have been invited and of which such Development Parties have been provided at least five (5) Business Days Days’ notice. Within thirty (30) days after the expert’s acceptance of its appointment, the Development Parties shall provide the expert with a report containing their proposal for the resolution of the matter and the reasons therefor, accompanied by all relevant supporting information and data. Within sixty (60) days of receipt of the above-described materials and after receipt of additional information or data as may be required by the expert, the expert shall select the proposal which it finds more consistent with the terms of this Agreement. The expert may not propose alternate positions or award damages, interest or penalties to any Party with respect to any matter. The expert’s decision shall be final and binding on the Development Parties. Any Party that fails or refuses to honor the decision of an expert shall be in default under this Agreement.