Expert’s Determination Sample Clauses

Expert’s Determination. The expert’s determination is final and binding on the dispute parties.
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Expert’s Determination. 1. Any matter or dispute to be determined by an expert under Section 7.2(c) of this Agreement (“Expert”) shall be referred to a person suitably qualified to determine that particular 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 Expert’s decision procedure, either party may request the President for the time being of the Association of the British Pharmaceutical Industry or any successor body to it to nominate the Expert.
Expert’s Determination. The Expert's determination shall be final and binding on the Parties and not subject to appeal, to arbitration or court proceedings except in cases of fraud or manifest mistake of fact. The Expert may make such determination as shall be fair and reasonable and in accordance with this Agreement, and may award reasonable and incurred legal costs and other costs to any Party.
Expert’s Determination. The Expert is to decide whether the claimed event, act or omission did occur and, if so:-
Expert’s Determination. Within 21 days of being requested by either party to do so, the Expert must give written notice of his or her decision to each party. The Expert’s decision is final and binding on the parties who must give effect to the decision immediately.
Expert’s Determination. To the extent permitted by law, the Expert’s determination is final and binding on the parties unless:
Expert’s Determination 
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Related to Expert’s Determination

  • Expert Determination If a Dispute relates to any aspect of the technology underlying the provision of the Goods and/or Services or otherwise relates to an ICT technical, financial technical or other aspect of a technical nature (as the Parties may agree) and the Dispute has not been resolved by discussion or mediation, then either Party may request (which request will not be unreasonably withheld or delayed) by written notice to the other that the Dispute is referred to an Expert for determination. The Expert shall be appointed by agreement in writing between the Parties, but in the event of a failure to agree within ten (10) Working Days, or if the person appointed is unable or unwilling to act, the Expert shall be appointed on the instructions of the President of the British Computer Society (or any other association that has replaced the British Computer Society). The Expert shall act on the following basis: he/she shall act as an expert and not as an arbitrator and shall act fairly and impartially; the Expert's determination shall (in the absence of a material failure by either Party to follow the agreed procedures) be final and binding on the Parties; the Expert shall decide the procedure to be followed in the determination and shall be requested to make his/her determination within thirty (30) Working Days of his/her appointment or as soon as reasonably practicable thereafter and the Parties shall assist and provide the documentation that the Expert requires for the purpose of the determination; any amount payable by one Party to another as a result of the Expert's determination shall be due and payable within twenty (20) Working Days of the Expert's determination being notified to the Parties; the process shall be conducted in private and shall be confidential; and the Expert shall determine how and by whom the costs of the determination, including his/her fees and expenses, are to be paid.

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