Expert’s decision. (a) The decision of the Expert must:
Expert’s decision. If clause 30.4(b)(i) applies:
Expert’s decision. 1. Any matter or dispute relating to (a) the calculation method for royalty payments to be made on any Combination Product or (b) the valuation of any Sublicensing Revenue received by CytRx in a form other than cash shall be referred to a person suitably qualified to determine that matter or dispute (an “Expert”) who shall be nominated jointly by the Parties or, failing agreement between the Parties within twenty (20) Business Days of a written request by either Party to the other seeking to initiate the Experts’ Decision procedure set out below, either Party may request the president or chairman for the time being of The American Pharmaceutical Manufacturers Association or any successor body to it to nominate the Expert.
Expert’s decision. 1. Any matter or dispute to be determined by an expert under this Agreement ("Expert") shall be referred to a person suitably qualified to determine that matter or dispute who shall be nominated jointly by the parties or, failing agreement between the Parties within twenty (20) business days of a written request by either Party to the other seeking to initiate the Experts Decision procedure, either Party may (1) in the case of disputes relating to any financial aspect of this Agreement request the President for the time being of the American Institute of Certified Public Accountants or any successor body to it to nominate the Expert or (2) in the case of all other disputes request the President for the time being of the Biotechnology Industry Organization or any successor body to it to nominate the Expert.
Expert’s decision. (i) If in the Purchasers' assessment a Seller's Guarantee contained in Clauses 8.1.3(iii) or 8.1.8(iii) is breached and within a period of 4 (in words: four) weeks commencing with the delivery of a respective notice to the Seller the Parties cannot agree upon how to resolve the matter in dispute, an expert ("EXPERT") may be appointed by (A) the Parties, or (B), if the Parties fail to agree on a person within the 39 <PAGE> mentioned four-weeks-period, upon request of either Party by the President of Gesamtverband der Kunsstoffverarbeitenden Industrie e.V., Frankfurt am Main ("GKV"). (ii) The Expert shall be a person who, considering his/her education and occupational experience, (A) is sufficiently acquainted with the industrial standards and the cost-benefit calculations usually applied in companies of similar size and ownership structure to the Group Companies and engaged in similar types of business and operations, (B) has the expertise to decide on the matter in dispute, and (C) legally and economically independent from both the Seller's Side and the Purchasers' Side. (iii) The Expert, acting as third party pursuant to Section 317 BGB, shall determine, independently and impartially from the Seller's Side and the Purchasers' Side, whether and to what extent the respective Seller's Guarantee is breached and which actions are to be taken in order to remedy such breach when the industrial standards and the cost-benefit calculations usually applied in companies of similar size and ownership structure to the Group Companies and engaged in similar types of business and operations as of the Closing Date are applied, regardless of whether such standards satisfy the applicable laws in every respect. The Expert shall deliver its decision to the Parties in writing and in the English language. The Expert's decision shall be final and binding on the Parties once all Parties have received a copy thereof. (iv) The Expert shall give the Parties the opportunity to provide their illustration and assessment of the disputed matter in writing or, in one or several hearings announced to all Parties, verbally. Except to the extent the Parties agree upon certain facts or conclusions therefrom, the Expert shall not be bound by either Party's illustration or assessment. (v) The Parties shall closely co-operate with the Expert. In particular, each Party shall without undue delay provide the Expert any information in relation to the matter in dispute which he/she in his/her discret...
Expert’s decision. The Parties to the determination and the Expert shall do all things necessary for the proper and expeditious conduct of the Expert Determination in accordance with this Schedule IV. The Expert's decision shall in any event be made within 25 Business Days of the appointment of the Expert and shall be in writing and in the English language.
Expert’s decision. 13. The expert shall make his decision as soon as possible but in any event within 14 days (subject to an extension of 7 days at the request or with the Agreement of the Party who referred the Dispute) of the date of reference of the Dispute. Neither Party nor the expert shall have the authority to extend the time for the expert’s decision beyond 28 days from the date of reference of the Dispute.
Expert’s decision. Within 20 Business Days of being requested by any party to do so, the expert must give written notice of his or her decision to the parties. The expert's decision, in the absence of manifest error, is final and binding on the parties who must give effect to the decision immediately.
Expert’s decision. (a) The parties must use their reasonable endeavors to ensure that the Expert gives, within 20 Business Days after its appointment, a written decision to the parties.
Expert’s decision. (i) If in the Purchasers' assessment a Seller's Guarantee contained in Clauses 8.1.3(iii) or 8.1.8(iii) is breached and within a period of 4 (in words: four) weeks commencing with the delivery of a respective notice to the Seller the Parties cannot agree upon how to resolve the matter in dispute, an expert ("EXPERT") may be appointed by (A) the Parties, or (B), if the Parties fail to agree on a person within the mentioned four-weeks-period, upon request of either Party by the President of Gesamtverband der Kunsstoffverarbeitenden Industrie e.V., Frankfurt am Main ("GKV").
