Independent Expert. The Parties and the other signatories may, upon written agreement, resort to an independent expert in order to obtain a well-grounded opinion that may lead to the settlement of the dispute or controversy. In case such agreement is signed, arbitration may only be filed after issuance of the expert’s opinion.
Independent Expert. (a) If this agreement provides that a Dispute is to be referred for determination by an independent expert, then the parties must appoint a person to which the Dispute will be referred for determination (“Independent Expert”) by mutual agreement within 10 Business Days after a notice referring a Dispute to an Independent Expert being given (or such longer period the parties agree).
(b) Failing agreement within the period specified in paragraph (a), either party may request the CEO of the Resolution Institute (or their independent nominee) to appoint an Independent Expert.
(c) If an Independent Expert is not appointed within 20 Business Days after the date of the request being made under paragraph (b), then either party may commence proceedings in a court of competent jurisdiction in relation to the Dispute.
(d) The Independent Expert appointed must have reasonable qualifications, and commercial and practical experience, in the area of the Dispute (including in the context of the NEM) and no interest or duty which conflicts or may conflict with their function as an Independent Expert.
(e) The Independent Expert will act as an expert and not as an arbitrator.
(f) The parties must comply with all reasonable requests by an Independent Expert for information relating to the Dispute.
(g) The parties must ensure that the Independent Expert’s terms of appointment include the following requirements:
(i) the Independent Expert must consult with the parties concerning the matters under Dispute;
(ii) the Independent Expert must make a draft report available to the parties within 30 Business Days after their appointment;
(iii) the Independent Expert must meet with representatives of the parties to discuss any queries they may have in relation to the draft report;
(iv) the Independent Expert must keep information provided by or on behalf of the parties to the Independent Expert confidential;
(v) the Independent Expert may investigate the matters under Dispute and make inquiries in relation to them, and take the advice of any other person the Independent Expert deems appropriate; and
(vi) the Independent Expert will use their best endeavours to notify the parties of the Independent Expert’s determination within 60 Business Days after the reference to the Independent Expert.
(h) In the absence of fraud or manifest error, the parties agree that any decision or award made by an Independent Expert will be final and binding.
(i) Each party will bear its own costs in respect o...
Independent Expert. Independent Expert means an investment ------------------ banking firm reasonably agreeable to the Company and the holder of this Warrant who does not (and whose affiliates do not) have a financial interest in the Company or any of its affiliates.
Independent Expert. A Person with no material current or prior business or personal relationship with the Advisor or the Directors who is engaged to a substantial extent in the business of rendering opinions regarding the value of Assets of the type held by the Company.
Independent Expert. The parties shall in connection with the conclusion of the Agreement appoint an independent expert, whose name shall be specified in Appendix 6, and who shall hold such qualifications as the parties believe to be the most appropriate in the light of the Agreement. If this has not been done, the parties may agree on the appointment of an independent expert at the time of a dispute. The parties shall in advance choose either to
a) comply with the solution proposed by the expert (binding), or
b) use the solution proposed by the expert as a basis for reaching a solution themselves (advisory). The detailed approach to these efforts shall be determined by the independent expert, in consultation with the parties.
Independent Expert. The Authority shall appoint, no later than [90 (ninety)] days from the Execution Date, a third- party agency (the “Independent Expert”) for the Concession Period. Provided that the Authority shall have the right to appoint any of its agencies or departments to monitor the Project until the Independent Expert is appointed in accordance with this Article 22.1. The provisions of this Agreement with respect to the Independent Expert shall apply mutatis mutandis to such agency or department until the Independent Expert is appointed in accordance with the provisions of Schedule L and this Article 22.1 and such provisions shall be repeated after expiry of each appointment.
Independent Expert promptly appoint the Independent Expert and provide all assistance and information reasonably requested by the Independent Expert in connection with the preparation of the Independent Expert’s Report for inclusion in the Scheme Booklet (including any updates to such report) and any other materials to be prepared by the Independent Expert for inclusion in the Scheme Booklet (including any updates thereto);
Independent Expert. Sellers and Purchaser shall attempt to agree on all Title Defect Amounts and Title Benefit Amounts prior to Closing. If Sellers and Purchaser are unable to agree by Closing, Purchaser’s estimate shall control for the purposes of Closing pursuant to Section 12.3, and the Title Defect Values and the value of any Title Benefits in dispute shall be exclusively and finally resolved by arbitration pursuant to this Section 5.10. There shall be a single arbitrator, who shall be a title attorney with at least ten (10) years experience in oil and gas titles involving properties in the regional area in which the applicable Assets are located, as selected by mutual agreement of Sellers and Purchaser within two (2) Business Days after Closing, and absent such agreement, by the Houston office of the American Arbitration Association (the “Title Arbitrator”); provided, however, if the Parties have not agreed upon a Person to serve as Title Arbitrator within such two (2) Business Day period, and Sellers or Purchaser have not, within five (5) Business Days thereafter, formally applied to the Houston office of the American Arbitration Association to choose the Title Arbitrator, Sellers shall be deemed to have waived their dispute of any applicable Title Defect Values and the values of any Title Benefits. The arbitration proceeding shall be held in Xxxxxx County, Texas and shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, to the extent such rules do not conflict with the terms of this Section. The Title Arbitrator’s determination shall be made within fifteen (15) Business Days after submission of the matters in dispute and shall be final and binding upon both Parties, without right of appeal. In making his determination, the Title Arbitrator shall be bound by the rules set forth in Sections 5.4, 5.5 and 5.6 and may consider such other matters as in the opinion of the Title Arbitrator are necessary or helpful to make a proper determination. Additionally, the Title Arbitrator may consult with and engage disinterested third Persons to advise the arbitrator, including, without limitation, petroleum engineers. The Title Arbitrator shall act as an expert for the limited purpose of determining the specific disputed Title Defect Values and Title Benefit values submitted by either Purchaser or Sellers and shall not be empowered to award damages, interest or penalties to any Party with respect to any matter. Sellers and Purc...
Independent Expert. Subject to any applicable law, Xxxxxx at all times has the right in any dispute to appoint an independent qualified expert whose findings of fact shall be accepted by both parties as being final and conclusive and who shall act as an expert and not as an arbitrator.
Independent Expert the Independent Expert issues an Independent Expert’s Report which concludes that the Scheme is in the best interest of Asciano Shareholders before the time when the Scheme Booklet is registered by ASIC.
