Common use of Final Determination Clause in Contracts

Final Determination. (A) The Expert shall give his final determination in writing to the Parties, together with full written reasons for such determination, as soon as possible thereafter. (B) If within a reasonable period (which shall not, without the prior written consent of each Party, exceed ninety (90) Days after the acceptance by the Expert of the appointment) the Expert has not given a final determination, then (at the request of either Party) a new Expert shall be appointed under the provisions of this Clause 23(e) and, upon the acceptance of appointment by such new Expert, the appointment of the previous Expert shall cease, provided that if the previous Expert submits a final determination prior to the date upon which the new Expert accepts his appointment in writing, then such determination shall be binding upon the Parties and the appointment of the new Expert shall be withdrawn. (C) The final determination of the Expert shall be conclusive and binding upon the Parties save in the event of fraud, mistake, mistake of law (including interpretation of documents), miscarriage of justice on the part of the Expert or failure by the Expert to disclose any relevant interest.

Final Determination. (A) The Expert shall give his final determination in writing to the Parties, together with full written reasons for such determination, as soon as possible thereafter. (B) If within a reasonable period (which shall not, without the prior written consent of each Party, exceed ninety (90) Days after the acceptance by the Expert of the appointment) the Expert has not given a final determination, then (at the request of either Party) a new Expert shall be appointed under the provisions of this Clause 23(e21(e) and, upon the acceptance of appointment by such new Expert, the appointment of the previous Expert shall cease, provided that if the previous Expert submits a final determination prior to the date upon which the new Expert accepts his appointment in writing, then such determination shall be binding upon the Parties and the appointment of the new Expert shall be withdrawn. (C) The final determination of the Expert shall be conclusive and binding upon the Parties save in the event of fraud, mistake, mistake of law (including interpretation of documents), miscarriage of justice on the part of the Expert or failure by the Expert to disclose any relevant interest.

Final Determination. (A) The Expert shall give his final determination in writing to the Parties, together with full written reasons for such determination, as soon as possible thereafter. (B) If within a reasonable period (which shall not, without the prior written consent of each Party, exceed ninety sixty (9060) Days after the acceptance by the Expert of the appointment) the Expert has not given a final determination, then (at the request of either Party) a new Expert shall be appointed under the provisions of this Clause 23(e) and, upon the acceptance of appointment by such new Expert, the appointment of the previous Expert shall cease, provided that if the previous Expert submits a final determination prior to the date upon which the new Expert accepts his appointment in writing, then such determination shall be binding upon the Parties and the appointment of the new Expert shall be withdrawn. (C) The final determination of the Expert shall be conclusive and binding upon the Parties save in the event of fraud, mistake, mistake of law (including interpretation of documents), miscarriage of justice on the part of the Expert or failure by the Expert to disclose any relevant interest.