Common use of Expert Clause in Contracts

Expert. 24.1 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 "Referred Matter") the provisions of this clause 24 shall have effect. 24.2 The expert chosen to determine the Referred Matter (the "Expert") shall be an independent person of suitable experience and skill agreed upon by both Parties or in lieu of such agreement, selected by the President for the time being of the Energy Institute. 24.3 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 Referred Matter and the remuneration of the Expert. 24.4 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. 24.5 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. 24.6 The Expert's final determination shall be final and binding on the Parties except in the case of manifest error. 24.7 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.

Appears in 6 contracts

Samples: Operating Margins Gas Delivery Service Agreement, Operating Margins Gas Delivery Service Agreement, Gas Delivery Service Agreement

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Expert. 24.1 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 "Referred Matter"“Dispute”) the provisions of this clause Clause 24 shall have effect. 24.2 The expert chosen to determine the Referred Matter Dispute (the "Expert") shall be an independent person of suitable experience and skill agreed upon by both Parties or in lieu of such agreement, selected by the President for the time being of the Energy InstituteInstitute (or its successor body). 24.3 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 Referred Matter Dispute and the remuneration of the Expert. 24.4 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. 24.5 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. 24.6 The Expert's final determination shall be final and binding on the Parties except in the case of manifest error. 24.7 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.

Appears in 6 contracts

Samples: Gas Delivery Agreement, Gas Delivery Agreement, Gas Delivery Agreement

Expert. 24.1 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 "Referred MatterDispute") the provisions of this clause Clause 24 shall have effect. 24.2 The expert chosen to determine the Referred Matter Dispute (the "Expert") shall be an independent person of suitable experience and skill agreed upon by both Parties or in lieu of such agreement, selected by the President for the time being of the Energy InstituteInstitute (or its successor body). 24.3 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 Referred Matter Dispute and the remuneration of the Expert. 24.4 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. 24.5 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. 24.6 The Expert's final determination shall be final and binding on the Parties except in the case of manifest error. 24.7 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.

Appears in 2 contracts

Samples: Gas Capacity Agreement, Gas Capacity Agreement

Expert. 24.1 18.1 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 "Referred MatterDispute") the provisions of this clause 24 Clause 18 shall have effect. 24.2 18.2 The expert chosen to determine the Referred Matter Dispute (the "Expert") shall be an independent person of suitable experience and skill agreed upon by both Parties or in lieu of such agreement, selected by the President for the time being of the Energy InstituteInstitute (or its successor body). 24.3 18.3 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 Referred Matter Dispute and the remuneration of the Expert. 24.4 18.4 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. 24.5 18.5 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. 24.6 18.6 The Expert's final determination shall be final and binding on the Parties except in the case of manifest error. 24.7 18.7 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.

Appears in 1 contract

Samples: Gas Demand Side Response Agreement

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Expert. 24.1 26.1 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 "Referred Matter") the provisions of this clause 24 26 shall have effect. 24.2 26.2 The expert chosen to determine the Referred Matter (the "Expert") shall be an independent person of suitable experience and skill agreed upon by both Parties or in lieu of such agreement, selected by the President for the time being of the Energy Institute. 24.3 26.3 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 Referred Matter and the remuneration of the Expert. 24.4 26.4 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. 24.5 26.5 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. 24.6 26.6 The Expert's final determination shall be final and binding on the Parties except in the case of manifest error. 24.7 26.7 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.

Appears in 1 contract

Samples: Gas Storage Agreement

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