Expert’s costs. (a) The Expert must also determine how the expenses relating to the reference of the Dispute (including the Expert’s remuneration) should be apportioned between the parties and in default of a decision by the Expert, those expenses must be borne by the parties equally. (b) In determining the apportionment of costs, the Expert may have regard to what the Expert, in its reasonable opinion, considers to be a lack of good faith or a failure to use reasonable endeavours by any party, in assisting the Expert or resolving the dispute between the parties’ nominated officers as required by this clause.
Appears in 3 contracts
Samples: Planning Agreement, Planning Agreement, Planning Agreement
Expert’s costs. If clause 30.4(b)(i) applies:
(a) The Expert must also determine how the expenses relating to the reference of the Dispute (including the Expert’s remuneration) should be apportioned between the parties and in default of a decision by the Expert, Expert those expenses must be borne by the parties equally.
(b) In determining the apportionment of costs, costs the Expert may have regard to what the Expert, in its reasonable opinion, considers to be a lack of good faith or a failure to use reasonable endeavours by any party, party in assisting the Expert or resolving the dispute between the parties’ nominated officers as required by this clause.
Appears in 2 contracts
Samples: Planning Agreement, Planning Agreement
Expert’s costs. (a) The Expert must also determine how the expenses relating to the reference of the Dispute (including the Expert’s remuneration) should be apportioned between the parties and in default of a decision by the Expert, Expert those expenses must be borne by the parties equally.
(b) In determining the apportionment of costs, costs the Expert may have regard to what the Expert, in its reasonable opinion, considers to be a lack of good faith or a failure to use reasonable endeavours by any party, Party in assisting the Expert or resolving the dispute Dispute between the parties’ nominated officers as required by this clause.
Appears in 2 contracts
Samples: Planning Agreement, Planning Agreement
Expert’s costs. (a) The Expert must also determine how the expenses relating to the reference of the Dispute (including the Expert’s remuneration) should be apportioned between the parties and in default of a decision by the Expert, Expert those expenses must be borne by the parties equally.
(b) In determining the apportionment of costs, costs the Expert may have regard to what the Expert, in its reasonable opinion, considers to be a lack of good faith or a failure to use reasonable endeavours by any party, party in assisting the Expert or resolving the dispute between the parties’ nominated officers as required by this clause.
Appears in 1 contract
Samples: Voluntary Planning Agreement