Common use of Experts and Consultants Clause in Contracts

Experts and Consultants. When an expert is needed, the Parties will use only neutral experts. This includes, but is not limited to, business valuators, appraisers, and any other experts (the “Expert”). The Parties will agree in advance of retaining the Expert as to how the costs of the Expert will be paid. The Expert report shall be covered by the confidentiality clause of the Participation Agreement and shall not be used in any subsequent litigation (unless the parties agree otherwise, which agreement needs to be in writing). This includes all Expert reports that were commenced during the Collaborative Process, including those reports commenced during the Collaborative Process and completed after the Collaborative Process ends. Neither party will bring on an application to compel production of any Expert report commenced in the Collaborative Process.

Experts and Consultants. When an expert is needed, the Parties will use only neutral experts. This includes, but is not limited to, business valuators, appraisers, and any other experts (the “Expert”). The Parties will agree in advance of retaining the Expert as to how the costs of the Expert will be paid. The Expert report shall be covered by the confidentiality clause of the Participation Agreement and shall not be used in any subsequent litigation (unless the parties Parties and the Expert agree otherwise, which agreement needs to be in writing). This includes all Expert reports that were commenced during the Collaborative Process, including those reports commenced during the Collaborative Process and completed after the Collaborative Process ends. Neither party will bring on an application to compel production of any Expert report commenced in the Collaborative Process.