Expert. (a) Where a Dispute under this document is required to be referred to an Expert for resolution, the Expert will be appointed by the parties. (b) If the parties cannot agree on the Expert to determine the Dispute, the Expert will be an Expert nominated by: (i) in the case of financial matters, the President for the time being of the Institute of Chartered Accountants; (ii) in the case of technical engineering matters, the President for the time being of the Institution of Engineers, Australia; and (iii) in the case of legal matters, the President for the time being of the Law Institute of Victoria. (c) The parties must: (i) take all reasonable steps to have an Expert appointed promptly; (ii) direct the Expert to make his or her determination quickly; and (iii) take all reasonable steps to bring about a quick determination by the Expert. (d) To avoid doubt, a dispute concerning the rate or cost of any Carbon Charge is a financial matter for the purposes of this clause 33.2.
Appears in 2 contracts
Samples: Gas Transportation Agreement, Gas Transportation Agreement
Expert. (a) Where a Dispute under this document is required to be referred to an Expert for resolution, the Expert will be appointed by the parties.
(b) If the parties cannot agree on the Expert to determine the Dispute, the Expert will be an Expert nominated by:
(i) in the case of financial matters, the President for the time being of the Institute of Chartered Accountants;
(ii) in the case of technical engineering matters, the President for the time being of the Institution of Engineers, Australia; and
(iii) in the case of legal matters, the President for the time being of the Law Institute of Victoria.
(c) The parties must:
(i) take all reasonable steps to have an Expert appointed promptly;
(ii) direct the Expert to make his or her determination quickly; and
(iii) take all reasonable steps to bring about a quick determination by the Expert.
(d) To avoid doubt, a dispute concerning the rate or cost of any Carbon Charge is a financial matter for the purposes of this clause 33.232.2.
Appears in 2 contracts
Samples: Gas Transportation Agreement, Gas Transportation Agreement
Expert. (a) Where a Dispute under this document is required to be referred to an Expert for resolution, the Expert will be appointed by the parties.
(b) If the parties cannot agree on the Expert to determine the Dispute, the Expert will be an Expert nominated by:
(i) in the case of financial matters, the President for the time being of the Institute of Chartered Accountants;
(ii) in the case of technical engineering matters, the President for the time being of the Institution of Engineers, Australia; and
(iii) in the case of legal matters, the President for the time being of the Queensland Law Institute of VictoriaSociety.
(c) The parties must:
(i) take all reasonable steps to have an Expert appointed promptly;
(ii) direct the Expert to make his or her determination quickly; and
(iii) take all reasonable steps to bring about a quick determination by the Expert.
(d) To avoid doubt, a dispute concerning the rate or cost of any Carbon Charge is a financial matter for the purposes of this clause 33.2.
Appears in 2 contracts
Samples: Gas Transportation Agreement, Gas Transportation Agreement
Expert. (a) Where a Dispute under this document is required to be referred to an Expert for resolution, the Expert will be appointed by the parties.
(b) If the parties cannot agree on the Expert to determine the Dispute, the Expert will be an Expert nominated by:
(i) in the case of financial matters, the President for the time being of the Institute of Chartered Accountants;
(ii) in the case of technical engineering matters, the President for the time being of the Institution of Engineers, Australia; and
(iii) in the case of legal matters, the President for the time being of the Law Institute of Victoria.
(c) The parties must:
(i) take all reasonable steps to have an Expert appointed promptly;
(ii) direct the Expert to make his or her determination quickly; and
(iii) take all reasonable steps to bring about a quick determination by the Expert.
(d) To avoid doubt, a dispute concerning the rate or cost of any Carbon Charge is a financial matter for the purposes of this clause 33.2.
Appears in 1 contract
Samples: Gas Transportation Agreement