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 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 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 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 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 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 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 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 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.