Interference Dispute Resolution Sample Clauses

Interference Dispute Resolution. (a) Any Indosat Interference Dispute or Subsequent User Interference Dispute (the “Relevant Dispute”) shall be submitted for resolution to an independent professional engineer from an independent wireless communication equipment provider mutually agreed to by Owner, Indosat and the Prior User(s) or Subsequent User(s), as applicable. In the event such parties are unable to agree on an independent professional engineer within five (5) business days, either Party may request of the ICC (with written notice to the other Party) that the independent professional engineer shall be selected by the ICC and the Parties agree to submit the matter to administered expertise proceedings in accordance with the Rules for Expertise of the International Chamber of Commerce. (b) The independent engineer shall make a final and binding determination as to whether the Indosat Interference Determination or the Subsequent User Interference Determination, as the case may be (the “Relevant Determination”), has a valid factual basis and was made correctly. Such determination by the independent engineer shall be made within thirty (30) days of its appointment. (c) If the independent engineer determines that the Relevant Determination was made correctly, then the party that raised the Relevant Dispute shall be responsible for paying the fees and expenses of the independent engineer incurred in the determination of the Relevant Dispute. If the independent engineer determines that the Relevant Determination was not made correctly, then Owner shall be responsible for paying such costs. (d) Any disagreement, controversy, dispute or claim arising out of or in connection with the jurisdiction of the independent engineer, material non-compliance by the independent engineer with the independent engineer procedure as set forth in this Section 15.3 or the non-compliance by any Party with the final and binding determination of the independent engineer, shall be referred to and resolved by final and binding arbitration in accordance with Section 28.1.