Common use of Final and Binding Clause in Contracts

Final and Binding. The Expert’s decision shall be final and binding on the Parties unless challenged in an arbitration pursuant to Section 20.1 within thirty (30) Days of the date the Expert’s decision. If challenged, (a) the decision shall remain binding and be implemented unless and until finally replaced by an award of the arbitrators; (b) the decision shall be entitled to a rebuttable presumption of correctness; and (c) the Expert shall not be appointed in the arbitration as an arbitrator or as advisor to either Party without the written consent of both Parties.

Appears in 4 contracts

Samples: LNG Sale and Purchase Agreement (Tellurian Inc. /De/), LNG Sale and Purchase Agreement (Tellurian Inc. /De/), Equity Capital Contribution Agreement (Tellurian Inc. /De/)

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Final and Binding. The Expert’s decision shall be final and binding on the Parties unless challenged in an arbitration pursuant to Section 20.1 ‎20.1 within thirty (30) Days of the date the Expert’s decision. If challenged, (a) the decision shall remain binding and be implemented unless and until finally replaced by an award of the arbitrators; (b) the decision shall be entitled to a rebuttable presumption of correctness; and (c) the Expert shall not be appointed in the arbitration as an arbitrator or as advisor to either Party without the written consent of both Parties.

Appears in 2 contracts

Samples: LNG Sale and Purchase Agreement (Tellurian Inc. /De/), LNG Sale and Purchase Agreement (Tellurian Inc. /De/)

Final and Binding. The Expertexpert’s decision shall be final and binding on the Parties to the Measurement Dispute unless challenged in an arbitration pursuant to Section 20.1 within thirty (30) Days days of the date the Expertexpert’s decision. If challenged, (ai) the decision shall remain binding and be implemented unless and until finally replaced by an award of the arbitrators; (bii) the decision shall be entitled to a rebuttable presumption of correctness; and (ciii) the Expert expert shall not be appointed in the arbitration as an arbitrator or as advisor to either Party without the written consent of both Parties.

Appears in 2 contracts

Samples: LNG Terminal Use Agreement (Cheniere Energy Inc), LNG Terminal Use Agreement (Cheniere Energy Inc)

Final and Binding. The Expertexpert’s decision shall be final and binding on the Parties to the Measurement Dispute unless challenged in an arbitration pursuant to Section 20.1 within thirty (30) Days days of the date the Expertexpert’s decision. If challenged, : (ai) the decision shall remain binding and be implemented unless and until finally replaced by an award of the arbitrators; (bii) the decision shall be entitled to a rebuttable presumption of correctness; and (ciii) the Expert expert shall not be appointed in the arbitration as an arbitrator or as advisor to either Party without the written consent of both Parties.

Appears in 2 contracts

Samples: LNG Terminal Use Agreement (Cheniere Energy Inc), Shareholders Agreement (Cheniere Energy Inc)

Final and Binding. The Expert’s decision shall be final and binding on the Parties to the Measurement Dispute unless challenged in an arbitration pursuant to Section 20.1 21.1 within thirty (30) Days of the date the Expert’s decision. If challenged, (a) the decision shall remain binding and be implemented unless and until finally replaced by an award of the arbitrators; (b) the decision shall be entitled to a rebuttable presumption of correctness; and (c) the Expert shall not be appointed in the arbitration as an arbitrator or as advisor to either Party without the written consent of both Parties.

Appears in 1 contract

Samples: LNG Sale and Purchase Agreement (Cheniere Energy Inc)

Final and Binding. The Expert’s decision shall be final and binding on the Parties to the Measurement Dispute unless challenged in an arbitration pursuant to Section 20.1 15.1.1 within thirty (30) Days of the date of the Expert’s decision. If challenged, (a) the decision shall remain binding and be implemented unless and until finally replaced by an award of the arbitrators; (b) the decision shall be entitled to a rebuttable presumption of correctness; and (c) the Expert shall not be appointed in the arbitration as an arbitrator or as advisor to either a Party without the written consent of both Partieseach Party involved in the preceding Measurement Dispute.

Appears in 1 contract

Samples: Equity Capital Contribution Agreement (Tellurian Inc. /De/)

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Final and Binding. The Expert’s expert's decision shall be final and binding on the Parties to the Measurement Dispute unless challenged in an arbitration pursuant to Section 20.1 within thirty (30) Days days of the date the Expertexpert’s decision. If challenged, : (ai) the decision shall remain binding and be implemented unless and until finally replaced by an award of the arbitrators; (bii) the decision shall be entitled to a rebuttable presumption of correctness; and (ciii) the Expert expert shall not be appointed in the arbitration as an arbitrator or as advisor to either Party without the written consent of both Parties.

Appears in 1 contract

Samples: LNG Terminal Use Agreement (Sabine Pass LNG, L.P.)

Final and Binding. The Expertexpert’s decision shall be final and binding on the Parties to the Measurement Dispute unless challenged in an arbitration pursuant to Section 20.1 14.1 within thirty (30) Days days of the date the Expertexpert’s decision. If challenged, (ai) the decision shall remain binding and be implemented unless and until finally replaced by an award of the arbitrators; (bii) the decision shall be entitled to a rebuttable presumption of correctness; and (ciii) the Expert expert shall not be appointed in the arbitration as an arbitrator or as advisor to either Party without the written consent of both Parties.

Appears in 1 contract

Samples: Shareholders Agreement (Cheniere Energy Inc)

Final and Binding. The Expert’s decision shall be final and binding on the Parties to the Technical Dispute unless challenged in an arbitration pursuant to Section 20.1 22.1 within thirty (30) Days of the date the Expert’s decision. If challenged, (a) the decision shall remain binding and be implemented unless and until finally replaced by an award of the arbitrators; (b) the decision shall be entitled to a rebuttable presumption of correctness; and (c) the Expert shall not be appointed in the arbitration as an arbitrator or as advisor to either Party without the written consent of both Parties.

Appears in 1 contract

Samples: LNG Fuel Supply Agreement (Hawaiian Electric Co Inc)

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