Common use of Expert Clause in Contracts

Expert. 23.1 Where pursuant to this Agreement any matter is to be referred to an Expert, or the Parties agree that any matter shall be referred to an Expert (any such matter a “Dispute”) the provisions of this Clause 23 shall have effect. 23.2 To start a determination, one Party must write to the other, identifying the issue and proposing an expert. As soon as reasonably practicable following such notice, the Parties must try to jointly appoint a single expert to determine the Dispute (the “Expert”) who shall be an independent person of suitable experience and skill agreed upon by both Parties or in lieu of such agreement: (a) in respect of Disputes referred to an Expert in accordance with Clause 11, selected by the President for the time being of the Institute of Chartered Accountants in England (or its successor body); and (b) in respect of all other Disputes, selected by the President for the time being of the Energy Institute (or its successor body). 23.3 The Expert must act as an expert and not as an arbitrator. The Arbitration Act 1996 and the law of arbitration shall not apply to the Expert, to the determination procedure, or to the Expert’s decision. 23.4 The Parties will meet with the Expert to agree the timetable and to determine the form of submissions to be made, the form of the hearing of the Dispute and the remuneration of the Expert. 23.5 Each Party shall bear its own costs including without limitation the costs of providing documentation, information, data, submissions, and expenses of all witnesses and other persons retained by such Party. 23.6 The Expert’s fees and expenses shall be payable by the Parties in equal amounts, unless the Parties agree that the Expert may make a direction that such fees and expenses should be borne on some other basis. 23.7 The Expert’s determination must take place in London, in English, and must be delivered within three (3) months of the Expert’s appointment. The Expert’s final determination shall be final and binding on the Parties except in the case of manifest error by the Expert or fraud. 23.8 The Parties and the Expert shall keep confidential the fact that the expert determination is taking place, all documents and information relating thereto and its outcome.

Expert. 23.1 Where pursuant to this Agreement any matter is to be referred to an Expert, or the Parties agree that any matter shall be referred to an Expert (any such matter a “Dispute”) the provisions of this Clause 23 shall have effect. 23.2 To start a determination, one Party must write to the other, identifying the issue and proposing an expert. As soon as reasonably practicable following such notice, the Parties must try to jointly appoint a single expert to determine the Dispute (the “Expert”) who shall be an independent person of suitable experience and skill agreed upon by both Parties or in lieu of such agreement: (a) in respect of Disputes referred to an Expert in accordance with Clause 11, selected by the President for the time being of the Institute of Chartered Accountants in England (or its successor body); and (b) in respect of all other Disputes, selected by the President for the time being of the Energy Institute (or its successor body). 23.3 The Expert must act as an expert and not as an arbitrator. The Arbitration Act 1996 and the law of arbitration shall not apply to the Expert, to the determination procedure, or to the Expert’s decision. 23.4 The Parties will meet with the Expert to agree the timetable and to determine the form of submissions to be made, the form of the hearing of the Dispute and the remuneration of the Expert. 23.5 Each Party shall bear its own costs including without limitation the costs of providing documentation, information, data, submissions, submissions and expenses of all witnesses and other persons retained by such Party. 23.6 The Expert’s fees and expenses shall be payable by the Parties in equal amounts, unless the Parties agree that the Expert may make a direction that such fees and expenses should be borne on some other basis. 23.7 The Expert’s determination must take place in London, in English, and must be delivered within three (3) months Months of the Expert’s appointment. The Expert’s final determination shall be final and binding on the Parties except in the case of manifest error by the Expert or fraud. 23.8 The Parties and the Expert shall keep confidential the fact that the expert determination is taking place, all documents and information relating thereto and its outcome.

Expert. 23.1 25.1 Where pursuant to this Agreement any matter is to be referred to an Expert, or the Parties agree that any matter shall be referred to an Expert (any such matter a “Dispute”) the provisions of this Clause 23 25 shall have effect. 23.2 25.2 To start a determination, one Party must write to the other, identifying the issue and proposing an expert. As soon as reasonably practicable following such notice, the Parties must try to jointly appoint a single expert to determine the Dispute (the “Expert”) who shall be an independent person of suitable experience and skill agreed upon by both Parties or in lieu of such agreement: (a) in respect of Disputes referred to an Expert in accordance with Clause 1112, selected by the President for the time being of the Institute of Chartered Accountants in England (or its successor body); and (b) in respect of all other Disputes, selected by the President for the time being of the Energy Institute (or its successor body). 23.3 25.3 The Expert must act as an expert and not as an arbitrator. The Arbitration Act 1996 and the law of arbitration shall not apply to the Expert, to the determination procedure, or to the Expert’s decision. 23.4 25.4 The Parties will meet with the Expert to agree the timetable and to determine the form of submissions to be made, the form of the hearing of the Dispute and the remuneration of the Expert. 23.5 25.5 Each Party shall bear its own costs including without limitation the costs of providing documentation, information, data, submissions, and expenses of all witnesses and other persons retained by such Party. 23.6 25.6 The Expert’s fees and expenses shall be payable by the Parties in equal amounts, unless the Parties agree that the Expert may make a direction that such fees and expenses should be borne on some other basis. 23.7 25.7 The Expert’s determination must take place in London, in English, and must be delivered within three (3) months Months of the Expert’s appointment. The Expert’s final determination shall be final and binding on the Parties except in the case of manifest error by the Expert or fraud. 23.8 25.8 The Parties and the Expert shall keep confidential the fact that the expert determination is taking place, all documents and information relating thereto and its outcome.

Expert. 23.1 Where pursuant to this Agreement any matter is to be referred to an Expert, or the Parties agree that any matter shall be referred to an Expert (any such matter a “Dispute”) the provisions of this Clause 23 shall have effect. 23.2 To start a determination, one Party must write to the other, identifying the issue and proposing an expert. As soon as reasonably practicable following such notice, the Parties must try to jointly appoint a single expert to determine the Dispute (the “Expert”) who shall be an independent person of suitable experience and skill agreed upon by both Parties or in lieu of such agreement: (a) in respect of Disputes referred to an Expert in accordance with Clause 11, selected by the President for the time being of the Institute of Chartered Accountants in England (or its successor body); and (b) in respect of all other Disputes, selected by the President for the time being of the Energy Institute (or its successor body). 23.3 The Expert must act as an expert and not as an arbitrator. The Arbitration Act 1996 Xxx 0000 and the law of arbitration shall not apply to the Expert, to the determination procedure, or to the Expert’s decision. 23.4 The Parties will meet with the Expert to agree the timetable and to determine the form of submissions to be made, the form of the hearing of the Dispute and the remuneration of the Expert. 23.5 Each Party shall bear its own costs including without limitation the costs of providing documentation, information, data, submissions, and expenses of all witnesses and other persons retained by such Party. 23.6 The Expert’s fees and expenses shall be payable by the Parties in equal amounts, unless the Parties agree that the Expert may make a direction that such fees and expenses should be borne on some other basis. 23.7 The Expert’s determination must take place in London, in English, and must be delivered within three (3) months of the Expert’s appointment. The Expert’s final determination shall be final and binding on the Parties except in the case of manifest error by the Expert or fraud. 23.8 The Parties and the Expert shall keep confidential the fact that the expert determination is taking place, all documents and information relating thereto and its outcome.

Expert. 23.1 Where pursuant 5.1 An Expert is a person appointed in accordance with this paragraph 5 to this Agreement resolve a dispute arising in relation to the calculation of Relevant Turnover and any matter is Deferred Payment. 5.2 The parties shall agree on the appointment of an independent Expert. 5.3 If the parties are unable to be referred to an Expert, or the Parties agree that any matter shall be referred to on an Expert (any such matter within seven days of either party serving details of a “Dispute”) the provisions of this Clause 23 shall have effect. 23.2 To start a determination, one Party must write to suggested expert on the other, identifying either party may request the issue and proposing an expert. As soon as reasonably practicable following such notice, the Parties must try to jointly appoint a single expert to determine the Dispute (the “Expert”) who shall be an independent person of suitable experience and skill agreed upon by both Parties or in lieu of such agreement: (a) in respect of Disputes referred to an Expert in accordance with Clause 11, selected by the President for the time being president of the Institute of Chartered Accountants to appoint an Expert of repute with experience in England consultancy businesses. 5.4 The Expert is required to prepare a written decision and give notice (including a copy) of the decision to the parties within a maximum of two months of the matter being referred to the Expert. 5.5 If the Expert dies or its successor body)becomes unwilling or incapable of acting, or does not deliver the decision within the time required by paragraph 5.4, then: (a) either party may apply to the President of the Institute of Chartered Accountants to discharge the Expert and to appoint a replacement Expert with the required expertise; and (b) this paragraph 5 applies in respect of all other Disputesrelation to the new Expert as if he were the first Expert appointed. 5.6 All matters under this paragraph 5 shall be conducted, selected by and the President Expert’s decision shall be written, in the English language. 5.7 The parties are entitled to make submissions to the Expert including oral submissions and shall provide (or procure that others provide) the Expert with such assistance and documents as the Expert reasonably requires for the time being purpose of reaching a decision. 5.8 To the extent not provided for by this paragraph, the Expert may, in his reasonable discretion, determine such other procedures to assist with the conduct of the Energy Institute (determination as he considers just or its successor body)appropriate. 23.3 5.9 Each party shall, with reasonable promptness, supply each other party with all information and give each other party access to all documentation and personnel as each other party reasonably requires to make a submission under this paragraph 5. 5.10 The Expert must shall act as an expert and not as an arbitrator. The Arbitration Act 1996 Expert shall determine the amount of Relevant Turnover and any Deferred Payment, which may include any issue involving the law interpretation of arbitration shall not apply to the Expertany provision of this agreement, to the determination procedure, or to the Expert’s decision. 23.4 The Parties will meet with the Expert to agree the timetable and his jurisdiction to determine the form matters and issues referred to him or his terms of submissions to be made, the form of the hearing of the Dispute and the remuneration of the Expert. 23.5 Each Party shall bear its own costs including without limitation the costs of providing documentation, information, data, submissions, and expenses of all witnesses and other persons retained by such Party. 23.6 The Expert’s fees and expenses shall be payable by the Parties in equal amounts, unless the Parties agree that the Expert may make a direction that such fees and expenses should be borne on some other basis. 23.7 The Expert’s determination must take place in London, in English, and must be delivered within three (3) months of the Expert’s appointmentreference. The Expert’s final determination written decision on the matters referred to him shall be final and binding on the Parties except parties in the case absence of manifest error by the Expert or fraud. 23.8 5.11 Each party shall bear its own costs in relation to the Expert. The Parties Expert’s fees and any costs properly incurred by him in arriving at his determination (including any fees and costs of any advisers appointed by the Expert Expert) shall keep confidential be borne by the fact that the expert determination is taking place, all documents and information relating thereto and its outcomeparties equally.

Expert. 23.1 Where pursuant to this Agreement any matter is to be referred to an Expert, or the Parties agree that any matter shall be referred to an Expert (any such matter a “Dispute”) the provisions of this Clause 23 shall have effect. 23.2 To start a determination, one Party must write to the other, identifying the issue and proposing an expert. As soon as reasonably practicable following such notice, the Parties must try to jointly appoint a single expert to determine the Dispute (the “Expert”) who shall be an independent person of suitable experience and skill agreed upon by both Parties or in lieu of such agreement: (a) in respect of Disputes referred to an Expert in accordance with Clause 11, selected by the President for the time being of the Institute of Chartered Accountants in England (or its successor body); and (b) in respect of all other Disputes, selected by the President for the time being of the Energy Institute (or its successor body). 23.3 The Expert must act as an expert and not as an arbitrator. The Arbitration Act 1996 Xxx 0000 and the law of arbitration shall not apply to the Expert, to the determination procedure, or to the Expert’s decision. 23.4 The Parties will meet with the Expert to agree the timetable and to determine the form of submissions to be made, the form of the hearing of the Dispute and the remuneration of the Expert. 23.5 Each Party shall bear its own costs including without limitation the costs of providing documentation, information, data, submissions, submissions and expenses of all witnesses and other persons retained by such Party. 23.6 The Expert’s fees and expenses shall be payable by the Parties in equal amounts, unless the Parties agree that the Expert may make a direction that such fees and expenses should be borne on some other basis. 23.7 The Expert’s determination must take place in London, in English, and must be delivered within three (3) months of the Expert’s appointment. The Expert’s final determination shall be final and binding on the Parties except in the case of manifest error by the Expert or fraud. 23.8 The Parties and the Expert shall keep confidential the fact that the expert determination is taking place, all documents and information relating thereto and its outcome.

Expert. 23.1 Where pursuant to this Agreement any matter is to be referred to an Expert, or the Parties agree that any matter shall be referred to an Expert (any such matter a “Dispute”) the provisions of this Clause 23 shall have effect. 23.2 To start a determination, one Party must write to the other, identifying the issue and proposing an expert. As soon as reasonably practicable following such notice, the Parties must try to jointly appoint a single expert to determine the Dispute (the “Expert”) who shall be an independent person of suitable experience and skill agreed upon by both Parties or in lieu of such agreement: (a) in respect of Disputes referred to an Expert in accordance with Clause 11, selected by the President for the time being of the Institute of Chartered Accountants in England (or its successor body); and (b) in respect of all other Disputes, selected by the President for the time being of the Energy Institute (or its successor body). 23.3 The Expert must act as an expert and not as an arbitrator. The Arbitration Act 1996 and the law of arbitration shall not apply to the Expert, to the determination procedure, or to the ExpertExpert ’s decision. 23.4 The Parties will meet with the Expert to agree the timetable and to determine the form of submissions to be made, the form of the hearing of the Dispute and the remuneration of the Expert. 23.5 Each Party shall bear its own costs including without limitation the costs of providing documentation, information, data, submissions, submissions and expenses of all witnesses and other persons retained by such Party. 23.6 The Expert’s fees and expenses shall be payable by the Parties in equal amounts, unless the Parties agree that the Expert may make a direction that such fees and expenses should be borne on some other basis. 23.7 The Expert’s determination must take place in London, in English, and must be delivered within three (3) months Months of the Expert’s appointment. The Expert’s final determination shall be final and binding on the Parties except in the case of manifest error by the Expert or fraud. 23.8 The Parties and the Expert shall keep confidential the fact that the expert determination is taking place, all documents and information relating thereto and its outcome.

Expert. 23.1 25.1 Where pursuant to this Agreement any matter is to be referred to an Expert, or the Parties agree that any matter shall be referred to an Expert (any such matter a “Dispute”) the provisions of this Clause 23 25 shall have effect. 23.2 25.2 To start a determination, one Party must write to the other, identifying the issue and proposing an expert. As soon as reasonably practicable following such notice, the Parties must try to jointly appoint a single expert to determine the Dispute (the “Expert”) who shall be an independent person of suitable experience and skill agreed upon by both Parties or in lieu of such agreement: (a) in respect of Disputes referred to an Expert in accordance with Clause 1112, selected by the President for the time being of the Institute of Chartered Accountants in England (or its successor body); and (b) in respect of all other Disputes, selected by the President for the time being of the Energy Institute (or its successor body). 23.3 25.3 The Expert must act as an expert and not as an arbitrator. The Arbitration Act 1996 Xxx 0000 and the law of arbitration shall not apply to the Expert, to the determination procedure, or to the Expert’s decision. 23.4 25.4 The Parties will meet with the Expert to agree the timetable and to determine the form of submissions to be made, the form of the hearing of the Dispute and the remuneration of the Expert. 23.5 25.5 Each Party shall bear its own costs including without limitation the costs of providing documentation, information, data, submissions, and expenses of all witnesses and other persons retained by such Party. 23.6 25.6 The Expert’s fees and expenses shall be payable by the Parties in equal amounts, unless the Parties agree that the Expert may make a direction that such fees and expenses should be borne on some other basis. 23.7 25.7 The Expert’s determination must take place in London, in English, and must be delivered within three (3) months Months of the Expert’s appointment. The Expert’s final determination shall be final and binding on the Parties except in the case of manifest error by the Expert or fraud. 23.8 25.8 The Parties and the Expert shall keep confidential the fact that the expert determination is taking place, all documents and information relating thereto and its outcome.

Expert. 23.1 25.1 Where pursuant to this Agreement any matter is to be referred to an Expert, or the Parties agree that any matter shall be referred to an Expert (any such matter a “Dispute”) the provisions of this Clause 23 25 shall have effect. 23.2 25.2 To start a determination, one Party must write to the other, identifying the issue and proposing an expert. As soon as reasonably practicable following such notice, the Parties must try to jointly appoint a single expert to determine the Dispute (the “Expert”) who shall be an independent person of suitable experience and skill agreed upon by both Parties or in lieu of such agreement: (a) in respect of Disputes referred to an Expert in accordance with Clause 1112, selected by the President for the time being of the Institute of Chartered Accountants in England (or its successor body); and (b) in respect of all other Disputes, selected by the President for the time being of the Energy Institute (or its successor body). 23.3 25.3 The Expert must act as an expert and not as an arbitrator. The Arbitration Act 1996 and the law of arbitration shall not apply to the Expert, to the determination procedure, or to the Expert’s decision. 23.4 25.4 The Parties will meet with the Expert to agree the timetable and to determine the form of submissions to be made, the form of the hearing of the Dispute and the remuneration of the Expert. 23.5 25.5 Each Party shall bear its own costs including without limitation the costs of providing documentation, information, data, submissions, submissions and expenses of all witnesses and other persons retained by such Party. 23.6 25.6 The Expert’s fees and expenses shall be payable by the Parties in equal amounts, unless the Parties agree that the Expert may make a direction that such fees and expenses should be borne on some other basis. 23.7 25.7 The Expert’s determination must take place in London, in English, and must be delivered within three (3) months Months of the Expert’s appointment. The Expert’s final determination shall be final and binding on the Parties except in the case of manifest error by the Expert or fraud. 23.8 25.8 The Parties and the Expert shall keep confidential the fact that the expert determination is taking place, all documents and information relating thereto and its outcome.

Expert. 23.1 Where pursuant to this Agreement any matter is to be referred to an Expert, or the Parties agree that any matter shall be referred to an Expert (any such matter a “Dispute”) the provisions of this Clause 23 shall have effect. 23.2 To start a determination, one Party must write to the other, identifying the issue and proposing an expert. As soon as reasonably practicable following such notice, the Parties must try to jointly appoint a single expert to determine the Dispute (the “Expert”) who shall be an independent person of suitable experience and skill agreed upon by both Parties or in lieu of such agreement: (a) in respect of Disputes referred to an Expert in accordance with Clause 11, selected by the President for the time being of the Institute of Chartered Accountants in England (or its successor body); and (b) in respect of all other Disputes, selected by the President for the time being of the Energy Institute (or its successor body). 23.3 The Expert must act as an expert and not as an arbitrator. The Arbitration Act 1996 Xxx 0000 and the law of arbitration shall not apply to the Expert, to the determination procedure, or to the Expert’s decision. 23.4 The Parties will meet with the Expert to agree the timetable and to determine the form of submissions to be made, the form of the hearing of the Dispute and the remuneration of the Expert. 23.5 Each Party shall bear its own costs including without limitation the costs of providing documentation, information, data, submissions, submissions and expenses of all witnesses and other persons retained by such Party. 23.6 The Expert’s fees and expenses shall be payable by the Parties in equal amounts, unless the Parties agree that the Expert may make a direction that such fees and expenses should be borne on some other basis. 23.7 The Expert’s determination must take place in London, in English, and must be delivered within three (3) months Months of the Expert’s appointment. The Expert’s final determination shall be final and binding on the Parties except in the case of manifest error by the Expert or fraud. 23.8 The Parties and the Expert shall keep confidential the fact that the expert determination is taking place, all documents and information relating thereto and its outcome.