Common use of Mediation by Expert Clause in Contracts

Mediation by Expert. (a) In the event that the Parties are unable to resolve a Dispute in accordance with Section 15.2, then any Party, in accordance with this Section 15.3, may refer the Dispute to an Expert for consideration of the Dispute and to obtain a recommendation from the Expert as to the resolution of the Dispute. (b) The Party initiating submission of the Dispute to the Expert shall provide the other Parties with a notice stating that it is submitting the Dispute to an Expert and nominating the person it proposes to be the Expert. The other Parties shall, within fifteen (15) Days of receiving such notice, notify the initiating Party whether such person is acceptable. If the Parties receiving such notice fail to respond or notifies the initiating Party that the person is not acceptable, the Parties shall meet and discuss in good faith for a period of ten (10) Days to agree upon a person to be the Expert. If the Parties are unable to agree within such ten (10) Day period, the Expert shall be selected by the International Chamber of Commerce following a request of any Party. (c) Consideration of the Dispute by an Expert shall be initiated by the Party who is seeking consideration of the Dispute by the Expert submitting to both the Expert and the other Parties written materials setting forth: (i) a description of the Dispute; (ii) a statement of the Party’s position; and (iii) copies of records supporting the Party’s position. (d) Within ten (10) Days of the date that a Party has submitted the materials described in Section 15.3(c), the other Parties may submit to the Expert: (i) a description of the Dispute; (ii) a statement of such Party’s position; and (iii) copies of any records supporting such Party’s position. (e) The Expert shall consider any such information submitted by the responding Parties within the period provided in Section 15.3(d) and, in the Expert’s discretion, may consider any additional information submitted by any Party at a later date. (f) The Parties shall not be entitled to apply for discovery of documents, but shall be entitled to have access to the other Parties’ relevant records and to receive copies of the records submitted by the other Parties. (g) Each Party shall designate one person knowledgeable about the issues in Dispute who shall be available to the Expert to answer questions and provide any additional information requested by the Expert. Except for such person, a Party shall not be required to, but may, provide oral statements or presentations to the Expert or make any particular individuals available to the Expert. (h) Except as provided in Section 15.3(j) with respect to the payment of costs, the proceedings shall be without prejudice to any Party and any evidence given or statements made in the course of this process may not be used against a Party in any other proceedings. The process shall not be regarded as an arbitration and the laws relating to commercial arbitration shall not apply. Except as expressly provided otherwise in this Agreement or unless the Parties agree in writing signed by all Parties at the time the Expert is selected stating that the decision of the Expert will be binding (in which case the determination of the Expert shall be binding), the determination of the Expert shall not be binding. (i) When consideration of the Dispute by an Expert is initiated, the Expert shall be requested to provide a recommendation within fifteen (15) Days after the ten (10) Day response period provided in Section 15.3(d) above has run. If the Expert’s recommendation is given within such fifteen (15) Day period, or if the Expert’s recommendation is given at a later time and no Party has at such time initiated any other proceeding concerning the Dispute, except for such Disputes where the Expert’s determination is final and binding on the Parties, the Parties shall review and discuss the recommendation with each other in good faith for a period of ten (10) Days following delivery of the recommendation before proceeding with any other actions. (j) If a Party does not accept the recommendation of the Expert with respect to the Dispute, except for such Disputes where the Expert’s determination is final and binding on the Parties or where the Parties agree in writing at the time that the Expert is selected that the Expert’s determination shall be final and binding (in which case the determination of the Expert shall be binding), such determination shall not be final and binding and a Party, it may initiate arbitration proceeding in accordance with Section 15.4; provided, that prior to initiating the arbitration proceedings it shall have paid all costs of the Expert (including the reimbursement of any costs paid to the Expert by the other Party) and all out-of-pocket costs of the other Party. Similarly if the Expert has not submitted its recommendation within the time period provided in Section 15.3(i), a Party may initiate arbitration proceedings in accordance with Section 15.4, provided that prior to initiating the arbitration proceedings it shall have paid all costs of the Expert (including the reimbursement of any costs paid to the Expert by the other Parties). Notwithstanding the foregoing provisions of this Section 15.3(j), the Party shall be bound by the decision of the Expert pending resolution of the Dispute by arbitration and shall not be excused from performance or be entitled to additional time for performance by reason of the Expert’s decision and any discrepancy in respect thereof or the instigation of such arbitration. (k) Except as provided in Section 15.3(j), the costs of engaging an Expert shall be borne equally by the Parties, and each Party shall bear its own costs in preparing materials for, and making presentations to, the Expert.

Mediation by Expert. (a) In the event that the Parties are unable to resolve a Dispute in accordance with Section 15.219.2, then any either Party, in accordance with this Section 15.319.3, may refer the Dispute to an Expert for consideration of the Dispute and to obtain a recommendation from the Expert as to the resolution of the Dispute. (b) The Party initiating submission of the Dispute to the Expert shall provide the other Parties Party with a notice stating that it is submitting the Dispute to an Expert and nominating the person it proposes to be the Expert. The other Parties Party shall, within fifteen (15) Days of receiving such notice, notify the initiating Party whether such person is acceptable. If the Parties Party receiving such notice fail fails to respond or notifies the initiating Party that the person is not acceptable, the Parties shall meet and discuss in good faith for a period of ten (10) Days to agree upon a person to be the Expert. If the Parties are unable to agree within such ten (10) Day period, the Expert shall be selected by the International Chamber of Commerce following a request of any either Party. (c) Consideration of the Dispute by an Expert shall be initiated by the Party who is seeking consideration of the Dispute by the Expert submitting to both the Expert and the other Parties Party written materials setting forth: (i) a description of the Dispute; (ii) a statement of the Party’s position; and (iii) copies of records supporting the Party’s position. (d) Within ten (10) Days of the date that a Party has submitted the materials described in Section 15.3(c19.3(c), the other Parties Party may submit to the Expert: (i) a description of the Dispute; (ii) a statement of such the Party’s position; and (iii) copies of any records supporting such the Party’s position. (e) The Expert shall consider any such information submitted by the responding Parties Party within the period provided in Section 15.3(d19.3(d) and, in the Expert’s discretion, may consider any additional information submitted by any either Party at a later date. (f) The Parties shall not be entitled to apply for discovery of documents, but shall be entitled to have access to the other Parties’ Party’s relevant records and to receive copies of the records submitted by the other PartiesParty. (g) Each Party shall designate one person knowledgeable about the issues in Dispute who shall be available to the Expert to answer questions and provide any additional information requested by the Expert. Except for such person, a Party shall not be required to, but may, provide oral statements or presentations to the Expert or make any particular individuals available to the Expert. (h) Except as provided in Section 15.3(j19.3(j) with respect to the payment of costs, the proceedings shall be without prejudice to any Party and any evidence given or statements made in the course of this process may not be used against a Party in any other proceedings. The process shall not be regarded as an arbitration and the laws relating to commercial arbitration shall not apply. Except as expressly provided otherwise in this Agreement or unless the Parties agree in writing signed by all both Parties at the time the Expert is selected stating that the decision of the Expert will be binding (in which case the determination of the Expert shall be binding), the determination of the Expert shall not be binding. (i) When consideration of the Dispute by an Expert is initiated, the Expert shall be requested to provide a recommendation within fifteen (15) Days after the ten (10) Day response period provided in Section 15.3(d19.3(d) above has run. If the Expert’s recommendation is given within such fifteen (15) Day period, or if the Expert’s recommendation is given at a later time and no neither Party has at such time initiated any other proceeding concerning the Dispute, except for such Disputes where the Expert’s determination is final and binding on the Parties, the Parties shall review and discuss the recommendation with each other in good faith for a period of ten (10) Days following delivery of the recommendation before proceeding with any other actions. (j) If a Party does not accept the recommendation of the Expert with respect to the Dispute, except for such Disputes where the Expert’s determination is final and binding on the Parties or where the Parties agree in writing at the time that the Expert is selected that the Expert’s determination shall be final and binding (in which case the determination of the Expert shall be binding), such determination shall not be final and binding and a PartyParties, it may initiate arbitration proceeding proceedings in accordance with Section 15.419.4; provided, that prior to initiating the arbitration proceedings it shall have paid all costs of the Expert (including the reimbursement of any costs paid to the Expert by the other Party) and all out-of-pocket costs of the other Party. Similarly if the Expert has not submitted its recommendation within the time period provided in Section 15.3(i19.3(i), a Party may initiate arbitration proceedings in accordance with Section 15.419.4, provided that prior to initiating the arbitration proceedings it shall have paid all costs of the Expert (including the reimbursement of any costs paid to the Expert by the other PartiesParty). Notwithstanding the foregoing provisions of this Section 15.3(j19.3(j), the Party Parties shall be bound by the decision of the Expert pending resolution of the Dispute by arbitration and shall not be excused from performance or be entitled to additional time for performance by reason of the Expert’s decision and any discrepancy in respect thereof or the instigation of such arbitration. (k) Except as provided in Section 15.3(j19.3(j), the costs of engaging an Expert shall be borne equally by the Parties, and each Party shall bear its own costs in preparing materials for, and making presentations to, the Expert.

Mediation by Expert. (a) In the event that the Parties are unable to resolve a Dispute in accordance with Section 15.219.2, then any either Party, in accordance with this Section 15.319.3, may refer the Dispute to an Expert for consideration of the Dispute and to obtain a recommendation from the Expert as to the resolution of the Dispute. (b) The Party initiating submission of the Dispute to the Expert shall provide the other Parties Party with a notice stating that it is submitting the Dispute to an Expert and nominating the person it proposes to be the Expert. The other Parties Party shall, within fifteen (15) Days of receiving such notice, notify the initiating Party whether such person is acceptable. If the Parties Party receiving such notice fail fails to respond or notifies the initiating Party that the person is not acceptable, the Parties shall meet and discuss in good faith for a period of ten (10) Days to agree upon a person to be the Expert. If the Parties are unable to agree within such ten (10) Day period, the Expert shall be selected by the International Chamber of Commerce following a request of any either Party. (c) Consideration of the Dispute by an Expert shall be initiated by the Party who is seeking consideration of the Dispute by the Expert submitting to both the Expert and the other Parties Party written materials setting forth: (i) a description of the Dispute; (ii) a statement of the Party’s position; and (iii) copies of records supporting the Party’s position. (d) Within ten (10) Days of the date that a Party has submitted the materials described in Section 15.3(c19.3(c), the other Parties Party may submit to the Expert: (i) a description of the Dispute; (ii) a statement of such the Party’s position; and (iii) copies of any records supporting such the Party’s position. (e) The Expert shall consider any such information submitted by the responding Parties within the period provided in Section 15.3(d) and, in the Expert’s discretion, may consider any additional information submitted by any Party at a later date. (f) The Parties shall not be entitled to apply for discovery of documents, but shall be entitled to have access to the other Parties’ relevant records and to receive copies of the records submitted by the other Parties. (g) Each Party shall designate one person knowledgeable about the issues in Dispute who shall be available to the Expert to answer questions and provide any additional information requested by the Expert. Except for such person, a Party shall not be required to, but may, provide oral statements or presentations to the Expert or make any particular individuals available to the Expert. (h) Except as provided in Section 15.3(j) with respect to the payment of costs, the proceedings shall be without prejudice to any Party and any evidence given or statements made in the course of this process may not be used against a Party in any other proceedings. The process shall not be regarded as an arbitration and the laws relating to commercial arbitration shall not apply. Except as expressly provided otherwise in this Agreement or unless the Parties agree in writing signed by all Parties at the time the Expert is selected stating that the decision of the Expert will be binding (in which case the determination of the Expert shall be binding), the determination of the Expert shall not be binding. (i) When consideration of the Dispute by an Expert is initiated, the Expert shall be requested to provide a recommendation within fifteen (15) Days after the ten (10) Day response period provided in Section 15.3(d) above has run. If the Expert’s recommendation is given within such fifteen (15) Day period, or if the Expert’s recommendation is given at a later time and no Party has at such time initiated any other proceeding concerning the Dispute, except for such Disputes where the Expert’s determination is final and binding on the Parties, the Parties shall review and discuss the recommendation with each other in good faith for a period of ten (10) Days following delivery of the recommendation before proceeding with any other actions. (j) If a Party does not accept the recommendation of the Expert with respect to the Dispute, except for such Disputes where the Expert’s determination is final and binding on the Parties or where the Parties agree in writing at the time that the Expert is selected that the Expert’s determination shall be final and binding (in which case the determination of the Expert shall be binding), such determination shall not be final and binding and a Party, it may initiate arbitration proceeding in accordance with Section 15.4; provided, that prior to initiating the arbitration proceedings it shall have paid all costs of the Expert (including the reimbursement of any costs paid to the Expert by the other Party) and all out-of-pocket costs of the other Party. Similarly if the Expert has not submitted its recommendation within the time period provided in Section 15.3(i), a Party may initiate arbitration proceedings in accordance with Section 15.4, provided that prior to initiating the arbitration proceedings it shall have paid all costs of the Expert (including the reimbursement of any costs paid to the Expert by the other Parties). Notwithstanding the foregoing provisions of this Section 15.3(j), the Party shall be bound by the decision of the Expert pending resolution of the Dispute by arbitration and shall not be excused from performance or be entitled to additional time for performance by reason of the Expert’s decision and any discrepancy in respect thereof or the instigation of such arbitration. (k) Except as provided in Section 15.3(j), the costs of engaging an Expert shall be borne equally by the Parties, and each Party shall bear its own costs in preparing materials for, and making presentations to, the Expert.

Mediation by Expert. (a) In the event that the Parties are unable to resolve a Dispute in accordance with Section 15.214.2, then any Party, in accordance with this Section 15.314.3, may refer the Dispute to an Expert for consideration of the Dispute and to obtain a recommendation from the Expert as to the resolution of the Dispute. (b) The Party initiating submission of the Dispute to the Expert shall provide the other Parties with a notice stating that it is submitting the Dispute to an Expert and nominating the person it proposes to be the Expert. The other Parties shall, within fifteen (15) Days of receiving such notice, notify the initiating Party whether such person is acceptable. If the Parties receiving such notice fail to respond or notifies the initiating Party that the person is not acceptable, the Parties shall meet and discuss in good faith for a period of ten (10) Days to agree upon a person to be the Expert. If the Parties are unable to agree within such ten (10) Day period, the Expert shall be selected by the International Chamber of Commerce following a request of any Party. (c) Consideration of the Dispute by an Expert shall be initiated by the Party who is seeking consideration of the Dispute by the Expert submitting to both the Expert and the other Parties written materials setting forth: (i) a description of the Dispute; (ii) a statement of the Party’s position; and (iii) copies of records supporting the Party’s position. (d) Within ten (10) Days of the date that a Party has submitted the materials described in Section 15.3(c14.3(c), the other Parties may submit to the Expert: (i) a description of the Dispute; (ii) a statement of such Party’s position; and (iii) copies of any records supporting such Party’s position. (e) The Expert shall consider any such information submitted by the responding Parties within the period provided in Section 15.3(d14.3(d) and, in the Expert’s discretion, may consider any additional information submitted by any Party at a later date. (f) The Parties shall not be entitled to apply for discovery of documents, but shall be entitled to have access to the other Parties’ relevant records and to receive copies of the records submitted by the other Parties. (g) Each Party shall designate one person knowledgeable about the issues in Dispute who shall be available to the Expert to answer questions and provide any additional information requested by the Expert. Except for such person, a Party shall not be required to, but may, provide oral statements or presentations to the Expert or make any particular individuals available to the Expert. (h) Except as provided in Section 15.3(j14.3(j) with respect to the payment of costs, the proceedings shall be without prejudice to any Party and any evidence given or statements made in the course of this process may not be used against a Party in any other proceedings. The process shall not be regarded as an arbitration and the laws relating to commercial arbitration shall not apply. Except as expressly provided otherwise in this Agreement or unless the Parties agree in writing signed by all Parties at the time the Expert is selected stating that the decision of the Expert will be binding (in which case the determination of the Expert shall be binding), the determination of the Expert shall not be binding. (i) When consideration of the Dispute by an Expert is initiated, the Expert shall be requested to provide a recommendation within fifteen (15) Days after the ten (10) Day response period provided in Section 15.3(d14.3(d) above has run. If the Expert’s recommendation is given within such fifteen (15) Day period, or if the Expert’s recommendation is given at a later time and no Party has at such time initiated any other proceeding concerning the Dispute, except for such Disputes where the Expert’s determination is final and binding on the Parties, the Parties shall review and discuss the recommendation with each other in good faith for a period of ten (10) Days following delivery of the recommendation before proceeding with any other actions. (j) If a Party does not accept the recommendation of the Expert with respect to the Dispute, except for such Disputes where the Expert’s determination is final and binding on the Parties or where the Parties agree in writing at the time that the Expert is selected that the Expert’s determination shall be final and binding (in which case the determination of the Expert shall be binding), such determination shall not be final and binding and a Party, it may initiate arbitration proceeding in accordance with Section 15.4; provided, that prior to initiating the arbitration proceedings it shall have paid all costs of the Expert (including the reimbursement of any costs paid to the Expert by the other Party) and all out-of-pocket costs of the other Party. Similarly if the Expert has not submitted its recommendation within the time period provided in Section 15.3(i), a Party may initiate arbitration proceedings in accordance with Section 15.4, provided that prior to initiating the arbitration proceedings it shall have paid all costs of the Expert (including the reimbursement of any costs paid to the Expert by the other Parties). Notwithstanding the foregoing provisions of this Section 15.3(j), the Party shall be bound by the decision of the Expert pending resolution of the Dispute by arbitration and shall not be excused from performance or be entitled to additional time for performance by reason of the Expert’s decision and any discrepancy in respect thereof or the instigation of such arbitration. (k) Except as provided in Section 15.3(j), the costs of engaging an Expert shall be borne equally by the Parties, and each Party shall bear its own costs in preparing materials for, and making presentations to, the Expert.ten

Mediation by Expert. (a) In the event that the Parties are unable to resolve a Dispute in accordance with Section 15.29.2, then any either Party, in accordance with this Section 15.39.3, may refer the Dispute to an Expert for consideration of the Dispute and to obtain a recommendation from the Expert as to the resolution of the Dispute. (b) The Party initiating submission of the Dispute to the Expert shall provide the other Parties Party with a notice stating that it is submitting the Dispute to an Expert and nominating the person it proposes to be the Expert. The other Parties Party shall, within fifteen (15) Days of receiving such notice, notify the initiating Party whether such person is acceptable. If the Parties Party receiving such notice fail fails to respond or notifies the initiating Party that the person is not acceptable, the Parties shall meet and discuss in good faith for a period of ten (10) Days to agree upon a person to be the Expert. If the Parties are unable to agree within such ten (10) Day period, the Expert shall be selected by the International Chamber of Commerce following a request of any either Party. (c) Consideration of the Dispute by an Expert shall be initiated by the Party who is seeking consideration of the Dispute by the Expert submitting to both the Expert and the other Parties Party written materials setting forth: (i) a description of the Dispute; (ii) a statement of the Party’s position; and (iii) copies of records supporting the Party’s position. (d) Within ten (10) Days of the date that a Party has submitted the materials described in Section 15.3(c9.3(c), the other Parties Party may submit to the Expert: (i) a description of the Dispute; (ii) a statement of such the Party’s position; and (iii) copies of any records supporting such the Party’s position. (e) The Expert shall consider any such information submitted by the responding Parties Party within the period provided in Section 15.3(d9.3(d) and, in the Expert’s discretion, may consider any additional information submitted by any either Party at a later date. (f) The Parties shall not be entitled to apply for discovery of documents, but shall be entitled to have access to the other Parties’ Party’s relevant records and to receive copies of the records submitted by the other PartiesParty. (g) Each Party shall designate one person knowledgeable about the issues in Dispute who shall be available to the Expert to answer questions and provide any additional information requested by the Expert. Except for such person, a Party shall not be required to, but may, provide oral statements or presentations to the Expert or make any particular individuals available to the Expert. (h) Except as provided in Section 15.3(j9.3(j) with respect to the payment of costs, the proceedings shall be without prejudice to any Party and any evidence given or statements made in the course of this process may not be used against a Party in any other proceedings. The process shall not be regarded as an arbitration and the laws relating to commercial arbitration shall not apply. Except as expressly provided otherwise in this Agreement or unless the Parties agree in writing signed by all both Parties at the time the Expert is selected stating that the decision of the Expert will be binding (in which case the determination of the Expert shall be binding), the determination of the Expert shall not be binding. (i) When consideration of the Dispute by an Expert is initiated, the Expert shall be requested to provide a recommendation within fifteen (15) Days after the ten (10) Day response period provided in Section 15.3(d9.3(d) above has run. If the Expert’s recommendation is given within such fifteen (15) Day period, or if the Expert’s recommendation is given at a later time and no neither Party has at such time initiated any other proceeding concerning the Dispute, except for such Disputes where the Expert’s determination is final and binding on the Parties, the Parties shall review and discuss the recommendation with each other in good faith for a period of ten (10) Days following delivery of the recommendation before proceeding with any other actions. (j) If a Party does not accept the recommendation of the Expert with respect to the Dispute, except for such Disputes where the Expert’s determination is final and binding on the Parties or where the Parties agree in writing at the time that the Expert is selected that the Expert’s determination shall be final and binding (in which case the determination of the Expert shall be binding), such determination shall not be final and binding and a PartyParties, it may initiate arbitration proceeding proceedings in accordance with Section 15.49.4; provided, that prior to initiating the arbitration proceedings it shall have paid all costs of the Expert (including the reimbursement of any costs paid to the Expert by the other Party) and all out-of-pocket costs of the other Party. Similarly if the Expert has not submitted its recommendation within the time period provided in Section 15.3(i9.3(i), a Party may initiate arbitration proceedings in accordance with Section 15.49.4, provided that prior to initiating the arbitration proceedings it shall have paid all costs of the Expert (including the reimbursement of any costs paid to the Expert by the other PartiesParty). Notwithstanding the foregoing provisions of this Section 15.3(j9.3(j), the Party Parties shall be bound by the decision of the Expert pending resolution of the Dispute by arbitration and shall not be excused from performance or be entitled to additional time for performance by reason of the Expert’s decision and any discrepancy in respect thereof or the instigation of such arbitration. (k) Except as provided in Section 15.3(j9.3(j), the costs of engaging an Expert shall be borne equally by the Parties, and each Party shall bear its own costs in preparing materials for, and making presentations to, the Expert.

Mediation by Expert. (a) In the event that the Parties are unable to resolve a Dispute in accordance with Section 15.219.2, then any either Party, in accordance with this Section 15.319.3, may refer the Dispute to an Expert for consideration of the Dispute and to obtain a recommendation from the Expert as to the resolution of the Dispute. (b) The Party initiating submission of the Dispute to the Expert shall provide the other Parties Party with a notice stating that it is submitting the Dispute to an Expert and nominating the person it proposes to be the Expert. The other Parties Party shall, within fifteen (15) Days of receiving such notice, notify the initiating Party whether such person is acceptable. If the Parties Party receiving such notice fail fails to respond or notifies the initiating Party that the person is not acceptable, the Parties shall meet and discuss in good faith for a period of ten (10) Days to agree upon a person to be the Expert. If the Parties are unable to agree within such ten (10) Day period, the Expert shall be selected by the International Chamber of Commerce following a request of any either Party. (c) Consideration of the Dispute by an Expert shall be initiated by the Party who is seeking consideration of the Dispute by the Expert submitting to both the Expert and the other Parties Party written materials setting forth: (i) a description of the Dispute; (ii) a statement of the Party’s position; and (iii) copies of records supporting the Party’s position. (d) Within ten (10) Days of the date that a Party has submitted the materials described in Section 15.3(c19.3(c), the other Parties Party may submit to the Expert: (i) a description of the Dispute; (ii) a statement of such the Party’s position; and (iii) copies of any records supporting such the Party’s position. (e) The Expert shall consider any such information submitted by the responding Parties Party within the period provided in Section 15.3(d19.3(d) and, in the Expert’s discretion, may consider any additional information submitted by any either Party at a later date. (f) The Parties shall not be entitled to apply for discovery of documents, but shall be entitled to have access to the other Parties’ relevant records and to receive copies of the records submitted by the other Parties. (g) Each Party shall designate one person knowledgeable about the issues in Dispute who shall be available to the Expert to answer questions and provide any additional information requested by the Expert. Except for such person, a Party shall not be required to, but may, provide oral statements or presentations to the Expert or make any particular individuals available to the Expert. (h) Except as provided in Section 15.3(j) with respect to the payment of costs, the proceedings shall be without prejudice to any Party and any evidence given or statements made in the course of this process may not be used against a Party in any other proceedings. The process shall not be regarded as an arbitration and the laws relating to commercial arbitration shall not apply. Except as expressly provided otherwise in this Agreement or unless the Parties agree in writing signed by all Parties at the time the Expert is selected stating that the decision of the Expert will be binding (in which case the determination of the Expert shall be binding), the determination of the Expert shall not be binding. (i) When consideration of the Dispute by an Expert is initiated, the Expert shall be requested to provide a recommendation within fifteen (15) Days after the ten (10) Day response period provided in Section 15.3(d) above has run. If the Expert’s recommendation is given within such fifteen (15) Day period, or if the Expert’s recommendation is given at a later time and no Party has at such time initiated any other proceeding concerning the Dispute, except for such Disputes where the Expert’s determination is final and binding on the Parties, the Parties shall review and discuss the recommendation with each other in good faith for a period of ten (10) Days following delivery of the recommendation before proceeding with any other actions. (j) If a Party does not accept the recommendation of the Expert with respect to the Dispute, except for such Disputes where the Expert’s determination is final and binding on the Parties or where the Parties agree in writing at the time that the Expert is selected that the Expert’s determination shall be final and binding (in which case the determination of the Expert shall be binding), such determination shall not be final and binding and a Party, it may initiate arbitration proceeding in accordance with Section 15.4; provided, that prior to initiating the arbitration proceedings it shall have paid all costs of the Expert (including the reimbursement of any costs paid to the Expert by the other Party) and all out-of-pocket costs of the other Party. Similarly if the Expert has not submitted its recommendation within the time period provided in Section 15.3(i), a Party may initiate arbitration proceedings in accordance with Section 15.4, provided that prior to initiating the arbitration proceedings it shall have paid all costs of the Expert (including the reimbursement of any costs paid to the Expert by the other Parties). Notwithstanding the foregoing provisions of this Section 15.3(j), the Party shall be bound by the decision of the Expert pending resolution of the Dispute by arbitration and shall not be excused from performance or be entitled to additional time for performance by reason of the Expert’s decision and any discrepancy in respect thereof or the instigation of such arbitration. (k) Except as provided in Section 15.3(j), the costs of engaging an Expert shall be borne equally by the Parties, and each Party shall bear its own costs in preparing materials for, and making presentations to, the Expert.

Mediation by Expert. (a) In the event that the Parties are unable to resolve a Dispute in accordance with Section 15.2, then any either Party, in accordance with this Section 15.3, may refer the Dispute to an Expert for consideration of the Dispute and to obtain a recommendation from the Expert as to the resolution of the Dispute. (b) The Party initiating submission of the Dispute to the Expert shall provide the other Parties Party with a notice stating that it is submitting the Dispute to an Expert and nominating the person it proposes to be the Expert. The other Parties Party shall, within fifteen (15) Days of receiving such notice, notify the initiating Party whether such person is acceptable. If the Parties Party receiving such notice fail fails to respond or notifies the initiating Party that the person is not acceptable, the Parties shall meet and discuss in good faith for a period of ten (10) Days to agree upon a person to be the Expert. If the Parties are unable to agree within such ten (10) Day period, the Expert shall be selected by the International Bangladesh Chamber of Commerce following a request of any either Party. (c) Consideration of the Dispute by an Expert shall be initiated by the Party who is seeking consideration of the Dispute by the Expert submitting to both the Expert and the other Parties Party written materials setting forth: (i) a description of the Dispute; (ii) a statement of the Party’s Party‟s position; and (iii) copies of records supporting the Party’s Party‟s position. (d) Within ten (10) Days of the date that a Party has submitted the materials described in Section 15.3(c), the other Parties Party may submit to the Expert: (i) a description of the Dispute; (ii) a statement of such Party’s Party‟s position; and (iii) copies of any records supporting such Party’s Party‟s position. (e) The Expert shall consider any such information submitted by the responding Parties Party within the period provided in Section 15.3(d) and, in the Expert’s Expert‟s discretion, may consider any additional information submitted by any either Party at a later date. (f) The Parties shall not be entitled to apply for discovery of documents, but shall be entitled to have access to the other Parties’ Party‟s relevant records and to receive copies of the records submitted by the other PartiesParty. (g) Each Party shall designate one person knowledgeable about the issues in Dispute who shall be available to the Expert to answer questions and provide any additional information requested by the Expert. Except for such person, a Party shall not be required to, but may, provide oral statements or presentations to the Expert or make any particular individuals available to the Expert. (h) Except as provided in Section 15.3(j) with respect to the payment of costs, the proceedings shall be without prejudice to any Party and any evidence given or statements made in the course of this process may not be used against a Party in any other proceedings. The process shall not be regarded as an arbitration and the laws relating to commercial arbitration shall not apply. Except as expressly provided otherwise in this Agreement or unless the Parties agree in writing signed by all both Parties at the time the Expert is selected stating that the decision of the Expert will be binding (in which case the determination of the Expert shall be binding), the determination of the Expert shall not be binding. (i) When consideration of the Dispute by an Expert is initiated, the Expert shall be requested to provide a recommendation within fifteen (15) Days after the ten (10) Day response period provided in Section 15.3(d) above has run. If the Expert’s Expert‟s recommendation is given within such fifteen (15) Day period, or if the Expert’s Expert‟s recommendation is given at a later time and no neither Party has at such time initiated any other proceeding concerning the Dispute, except for such Disputes where the Expert’s Expert‟s determination is final and binding on the Parties, the Parties shall review and discuss the recommendation with each other in good faith for a period of ten (10) Days following delivery of the recommendation before proceeding with any other actions. (j) If a Party does not accept the recommendation of the Expert with respect to the Dispute, except for such Disputes where the Expert’s Expert‟s determination is final and binding on the Parties or where the Parties agree in writing at the time that the Expert is selected that the Expert’s determination shall be final and binding (in which case the determination of the Expert shall be binding), such determination shall not be final and binding and a PartyParties, it may initiate arbitration proceeding proceedings in accordance with Section 15.4; provided, that prior to initiating the arbitration proceedings it shall have paid all costs of the Expert (including the reimbursement of any costs paid to the Expert by the other Party) and all out-of-pocket costs of the other Party. Similarly if the Expert has not submitted its recommendation within the time period provided in Section 15.3(i), a Party may initiate arbitration proceedings in accordance with Section 15.4, provided that prior to initiating the arbitration proceedings it shall have paid all costs of the Expert (including the reimbursement of any costs paid to the Expert by the other PartiesParty). Notwithstanding the foregoing provisions of this Section 15.3(j), the Party Parties shall be bound by the decision of the Expert pending resolution of the Dispute by arbitration and shall not be excused from performance or be entitled to additional time for performance by reason of the Expert’s Expert‟s decision and any discrepancy in respect thereof or the instigation of such arbitration. (k) Except as provided in Section 15.3(j), the costs of engaging an Expert shall be borne equally by the Parties, and each Party shall bear its own costs in preparing materials for, and making presentations to, the Expert.

Mediation by Expert. (a) In the event that the Parties are unable to resolve a Dispute in accordance with Section 15.2, then any Party, in accordance with this Section 15.3, may refer the Dispute to an Expert for consideration of the Dispute and to obtain a recommendation from the Expert as to the resolution of the Dispute. (b) The Party initiating submission of the Dispute to the Expert shall provide the other Parties with a notice stating that it is submitting the Dispute to an Expert and nominating the person it proposes to be the Expert. The other Parties shall, within fifteen (15) Days of receiving such notice, notify the initiating Party whether such person is acceptable. If the Parties receiving such notice fail to respond or notifies the initiating Party that the person is not acceptable, the Parties shall meet and discuss in good faith for a period of ten (10) Days to agree upon a person to be the Expert. If the Parties are unable to agree within such ten (10) Day period, the Expert shall be selected by the International Chamber of Commerce following a request of any Party. (c) Consideration of the Dispute by an Expert shall be initiated by the Party who is seeking consideration of the Dispute by the Expert submitting to both the Expert and the other Parties written materials setting forth: (i) a description of the Dispute; (ii) a statement of the Party’s position; and (iii) copies of records supporting the Party’s position. (d) Within ten (10) Days of the date that a Party has submitted the materials described in Section 15.3(c), the other Parties may submit to the Expert: (i) a description of the Dispute; (ii) a statement of such Party’s position; and (iii) copies of any records supporting such Party’s position. (e) The Expert shall consider any such information submitted by the responding Parties within the period provided in Section 15.3(d) and, in the Expert’s discretion, may consider any additional information submitted by any Party at a later date. (f) The Parties shall not be entitled to apply for discovery of documents, but shall be entitled to have access to the other Parties’ relevant records and to receive copies of the records submitted by the other Parties. (g) Each Party shall designate one person knowledgeable about the issues in Dispute who shall be available to the Expert to answer questions and provide any additional information requested by the Expert. Except for such person, a Party shall not be required to, but may, provide oral statements or presentations to the Expert or make any particular individuals available to the Expert. (h) Except as provided in Section 15.3(j) with respect to the payment of costs, the proceedings shall be without prejudice to any Party and any evidence given or statements made in the course of this process may not be used against a Party in any other proceedings. The process shall not be regarded as an arbitration and the laws relating to commercial arbitration shall not apply. Except as expressly provided otherwise in this Agreement or unless the Parties agree in writing signed by all Parties at the time the Expert is selected stating that the decision of the Expert will be binding (in which case the determination of the Expert shall be binding), the determination of the Expert shall not be binding. (i) When consideration of the Dispute by an Expert is initiated, the Expert shall be requested to provide a recommendation within fifteen (15) Days after the ten (10) Day response period provided in Section 15.3(d) above has run. If the Expert’s recommendation is given within such fifteen (15) Day period, or if the Expert’s recommendation is given at a later time and no Party has at such time initiated any other proceeding concerning the Dispute, except for such Disputes where the Expert’s determination is final and binding on the Parties, the Parties shall review and discuss the recommendation with each other in good faith for a period of ten (10) Days following delivery of the recommendation before proceeding with any other actions. (j) If a Party does not accept the recommendation of the Expert with respect to the Dispute, except for such Disputes where the Expert’s determination is final and binding on the Parties or where the Parties agree in writing at the time that the Expert is selected that the Expert’s determination shall be final and binding (in which case the determination of the Expert shall be binding), such determination shall not be final and binding and a PartyParties, it may initiate arbitration proceeding in accordance with Section 15.4; provided, that prior to initiating the arbitration proceedings it shall have paid all costs of the Expert (including the reimbursement of any costs paid to the Expert by the other PartyParties) and all out-of-pocket costs of the other PartyParties. Similarly if the Expert has not submitted its recommendation within the time period provided in Section 15.3(i), a Party may initiate arbitration proceedings in accordance with Section 15.4, provided that prior to initiating the arbitration proceedings it shall have paid all costs of the Expert (including the reimbursement of any costs paid to the Expert by the other Parties). Notwithstanding the foregoing provisions of this Section 15.3(j), the Party Parties shall be bound by the decision of the Expert pending resolution of the Dispute by arbitration and shall not be excused from performance or be entitled to additional time for performance by reason of the Expert’s decision and any discrepancy in respect thereof or the instigation of such arbitration. (k) Except as provided in Section 15.3(j), the costs of engaging an Expert shall be borne equally by the Parties, and each Party shall bear its own costs in preparing materials for, and making presentations to, the Expert.

Mediation by Expert. (a) In the event that the Parties are unable to resolve a Dispute in accordance with Section 15.219.2, then any either Party, in accordance with this Section 15.319.3, may refer the Dispute to an Expert for consideration of the Dispute and to obtain a recommendation from the Expert as to the resolution of the Dispute. (b) The Party initiating submission of the Dispute to the Expert shall provide the other Parties Party with a notice stating that it is submitting the Dispute to an Expert and nominating the person it proposes to be the Expert. The other Parties Party shall, within fifteen (15) Days of receiving such notice, notify the initiating Party whether such person is acceptable. If the Parties Party receiving such notice fail fails to respond or notifies the initiating Party that the person is not acceptable, the Parties shall meet and discuss in good faith for a period of ten (10) Days to agree upon a person to be the Expert. If the Parties are unable to agree within such ten (10) Day period, the Expert shall be selected by the International Chamber of Commerce following a request of any either Party. (c) Consideration of the Dispute by an Expert shall be initiated by the Party who is seeking consideration of the Dispute by the Expert submitting to both the Expert and the other Parties Party written materials setting forth: (i) a description of the Dispute; (ii) a statement of the Party’s position; and (iii) copies of records supporting the Party’s position. (d) Within ten (10) Days of the date that a Party has submitted the materials described in Section 15.3(c19.3(c), the other Parties Party may submit to the Expert: (i) a description of the Dispute; (ii) a statement of such the Party’s position; and (iii) copies of any records supporting such the Party’s position. (e) The Expert shall consider any such information submitted by the responding Parties Party within the period provided in Section 15.3(d19.3(d) and, in the Expert’s discretion, may consider any additional information submitted by any either Party at a later date. (f) The Parties shall not be entitled to apply for discovery of documents, but shall be entitled to have access to the other Parties’ Party’s relevant records and to receive copies of the records submitted by the other PartiesParty. (g) Each Party shall designate one person knowledgeable about the issues in Dispute who shall be available to the Expert to answer questions and provide any additional information requested by the Expert. Except for such person, a Party shall not be required to, but may, provide oral statements or presentations to the Expert or make any particular individuals available to the Expert. (h) Except as provided in Section 15.3(j19.3(j) with respect to the payment of costs, the proceedings shall be without prejudice to any Party and any evidence given or statements made in the course of this process may not be used against a Party in any other proceedings. The process shall not be regarded as an arbitration and the laws relating to commercial arbitration shall not apply. Except as expressly provided otherwise in this Agreement or unless where the Parties agree in writing signed by all Parties at the time that the Expert is selected stating that the decision of the Expert will Expert’s determination shall be final and binding (in which case the determination of the Expert shall be binding), the such determination of the Expert shall may not be bindingfinal and binding and either Party may initiate arbitration proceeding in accordance with Section 19.4. (i) When consideration of the Dispute by an Expert is initiated, the Expert shall be requested to provide a recommendation within fifteen (15) Days after the ten (10) Day response period provided in Section 15.3(d19.3(d) above has run. If the Expert’s recommendation is given within such fifteen (15) Day period, or if the Expert’s recommendation is given at a later time and no neither Party has at such time initiated any other proceeding concerning the Dispute, except for such Disputes where the Expert’s determination is final and binding on the Parties, the Parties shall review and discuss the recommendation with each other in good faith for a period of ten (10) Days following delivery of the recommendation before proceeding with any other actions. (j) If a Party does not accept the recommendation of the Expert with respect to the Dispute, except for such Disputes where the Expert’s determination is final and binding on the Parties or where the Parties agree in writing at the time that the Expert is selected that the Expert’s determination shall be final and binding (in which case the determination of the Expert shall be binding), such determination shall not be final and binding and a Party, it may initiate arbitration proceeding in accordance with Section 15.4; provided, that prior to initiating the arbitration proceedings it shall have paid all costs of the Expert (including the reimbursement of any costs paid to the Expert by the other Party) and all out-of-pocket costs of the other Party. Similarly if the Expert has not submitted its recommendation within the time period provided in Section 15.3(i), a Party may initiate arbitration proceedings in accordance with Section 15.4, provided that prior to initiating the arbitration proceedings it shall have paid all costs of the Expert (including the reimbursement of any costs paid to the Expert by the other Parties). Notwithstanding the foregoing provisions of this Section 15.3(j), the Party shall be bound by the decision of the Expert pending resolution of the Dispute by arbitration and shall not be excused from performance or be entitled to additional time for performance by reason of the Expert’s decision and any discrepancy in respect thereof or the instigation of such arbitration. (k) Except as provided in Section 15.3(j), the costs of engaging an Expert shall be borne equally by the Parties, and each Party shall bear its own costs in preparing materials for, and making presentations to, the Expert.ten

Mediation by Expert. (a) In the event that the Parties parties are unable to resolve a Dispute dispute in accordance with Section 15.218.1 hereof, then any Partyeither party, in accordance with this Section 15.318.2, may refer the Dispute dispute to an Expert expert for consideration of the Dispute dispute and to obtain a recommendation from the Expert expert as to the resolution of the Disputedispute; provided, that with respect to disputes that involve the amount of an invoice, either party may before any such dispute arises require that an expert be appointed in accordance with the provisions of Section 18.2(b) hereof and shall nominate a person it proposes to be the expert. Such an expert shall have responsibility for considering all disputes that involve the amount of invoices until replaced in accordance with the provisions of Section 18.2(b) hereof. (b) The Party party initiating submission of the Dispute dispute to the Expert expert shall provide the other Parties party with a notice stating that it is submitting the Dispute dispute to an Expert expert and nominating the person it proposes to be the Expertexpert. The other Parties party shall, within fifteen (15) Days days of receiving such notice, notify the initiating Party party whether such person is acceptable. If the Parties party receiving such notice fail fails to respond or notifies the initiating Party party that the person is not acceptable, the Parties parties shall meet and discuss in good faith for a period of ten (10) Days days to agree upon a person to be the Expertexpert. If the Parties parties are unable to agree within agree, the responding party shall by the end of such ten (10) Day periodday period nominate a person to be an expert, Whereupon the two nominated experts shall meet and agree upon a third person who shall be the expert. Should an expert die, resign, refuse to act or become incapable of performing his or her functions, the Expert vacancy shall be selected filled by the International Chamber of Commerce following a request of any Partymethod by which the expert was originally appointed. (ci) Consideration of the Dispute dispute by an Expert expert shall be initiated by the Party party who is seeking consideration of the Dispute dispute by the Expert expert submitting to both the Expert expert and the other Parties party written materials setting forth: (iA) a description of the Disputedispute; (iiB) a statement of the Party’s party's position; and (iiiC) copies of records supporting the Party’s party's position. (dii) Within ten (10) Days days of the date that a Party party has submitted the materials described in Section 15.3(c)18.2(c)(i) hereof, the other Parties party may submit to the Expertexpert: (iA) a description of the Disputedispute; (iiB) a statement of such Party’s the party's position; and (iiiC) copies of any records supporting such Party’s the party's position. (e) . The Expert expert shall consider any such information submitted by the responding Parties party within the period provided in Section 15.3(d18.2(c)(ii) hereof and, in the Expert’s expert's discretion, may consider any additional information submitted by any Party either party at a later date. (fd) The Parties parties shall not be entitled to apply for discovery of documents, but shall be entitled to have access to the other Parties’ party's relevant records and to receive copies of the records submitted by the other Partiesparty. (ge) Each Party party shall designate one person knowledgeable about the issues in Dispute dispute who shall be available to the Expert expert to answer questions and provide any additional information requested by the Expertexpert. Except for such person, a Party party shall not be required to, but may, provide oral statements or presentations to the Expert expert or make any particular individuals available to the Expertexpert. (hf) Except as provided in Section 15.3(j18.2(h) hereof with respect to the payment of costs, the proceedings shall be without prejudice to any Party party and any evidence given or statements made in the course of this process may not be used against a Party party in any other proceedings. The process shall not be regarded as an arbitration and the laws relating to commercial arbitration shall not apply. Except as expressly provided otherwise in this Agreement or unless Unless the Parties parties agree in writing signed by all Parties both parties at the time the Expert expert is selected stating that the decision of the Expert expert will be binding (in which case the determination of the Expert shall be binding), the determination of the Expert expert shall not be binding. (ig) When consideration of the Dispute dispute by an Expert expert is initiated, the Expert expert shall be requested to provide a recommendation within fifteen (15) Days days after the ten (10) Day day response period provided in Section 15.3(d18.2(c)(ii) above has run. If the Expert’s expert's recommendation is given within such fifteen (15) Day periodday Period, or if the Expert’s expert's recommendation is given at a later time and no Party neither party has at such time initiated any other proceeding concerning the Dispute, except for such Disputes where the Expert’s determination is final and binding on the Partiesdispute, the Parties parties shall review and discuss the recommendation with each other in good faith for a period of ten (10) Days days following delivery of the recommendation before proceeding with any other actions. (jh) If a Party party does not accept the recommendation of the Expert expert with respect to the Dispute, except for such Disputes where the Expert’s determination is final and binding on the Parties or where the Parties agree in writing at the time that the Expert is selected that the Expert’s determination shall be final and binding (in which case the determination of the Expert shall be binding), such determination shall not be final and binding and a Partydispute, it may initiate arbitration proceeding proceedings in accordance with Section 15.4; 18.3 hereof, provided, however that prior to initiating the arbitration proceedings it shall have paid all costs of the Expert expert (including the reimbursement of any costs paid to the Expert expert by the other Partyparty) and all out-of-pocket costs of the other Partyparty. Similarly if the Expert expert has not submitted its recommendation within the time period provided in Section 15.3(i)18.2(g) hereof, a Party party may initiate arbitration proceedings in accordance with Section 15.418.3 hereof, provided that prior to initiating the arbitration proceedings it shall have paid all costs of the Expert expert (including the reimbursement of any costs paid to the Expert expert by the other Partiesparty). Notwithstanding the foregoing provisions of this Section 15.3(j), the Party shall be bound by the decision of the Expert pending resolution of the Dispute by arbitration and shall not be excused from performance or be entitled to additional time for performance by reason of the Expert’s decision and any discrepancy in respect thereof or the instigation of such arbitration. (ki) Except as provided in Section 15.3(j)18.2(h) hereof, the costs of engaging an Expert expert shall be borne equally by the Parties, parties and each Party party shall bear its own costs in preparing materials for, and making presentations to, the Expertexpert. (j) Without prejudice to the parties' rights to initiate arbitration proceedings following the recommendation of the expert in accordance with Section 18.2(h), the parties shall act in accordance with the recommendation of the expert until resolution of the dispute by arbitration.

Mediation by Expert. (a) In the event that the Parties are unable to resolve a Dispute in accordance with Section 15.29.2, then any either Party, in accordance with this Section 15.39.3, may refer the Dispute to an Expert for consideration of the Dispute and to obtain a recommendation from the Expert as to the resolution of the Dispute. (b) The Party initiating submission of the Dispute to the Expert shall provide the other Parties Party with a notice stating that it is submitting the Dispute to an Expert and nominating the person it proposes to be the Expert. The other Parties Party shall, within fifteen (15) Days of receiving such notice, notify the initiating Party whether such person is acceptable. If the Parties Party receiving such notice fail fails to respond or notifies the initiating Party that the person is not acceptable, the Parties shall meet and discuss in good faith for a period of ten (10) Days to agree upon a person to be the Expert. If the Parties are unable to agree within such ten (10) Day period, the Expert shall be selected by the International Chamber of Commerce following a request of any either Party. (c) Consideration of the Dispute by an Expert shall be initiated by the Party who is seeking consideration of the Dispute by the Expert submitting to both the Expert and the other Parties Party written materials setting forth: (i) a description of the Dispute; (ii) a statement of the Party’s position; and (iii) copies of records supporting the Party’s position. (d) Within ten (10) Days of the date that a Party has submitted the materials described in Section 15.3(c9.3(c), the other Parties Party may submit to the Expert: (i) a description of the Dispute; (ii) a statement of such the Party’s position; and (iii) copies of any records supporting such the Party’s position. (e) The Expert shall consider any such information submitted by the responding Parties Party within the period provided in Section 15.3(d9.3(d) and, in the Expert’s discretion, may consider any additional information submitted by any either Party at a later date. (f) The Parties shall not be entitled to apply for discovery of documents, but shall be entitled to have access to the other Parties’ Party’s relevant records and to receive copies of the records submitted by the other PartiesParty. (g) Each Party shall designate one person knowledgeable about the issues in Dispute who shall be available to the Expert to answer questions and provide any additional information requested by the Expert. Except for such person, a Party shall not be required to, but may, provide oral statements or presentations to the Expert or make any particular individuals available to the Expert. (h) Except as provided in Section 15.3(j9.3(j) with respect to the payment of costs, the proceedings shall be without prejudice to any Party and any evidence given or statements made in the course of this process may not be used against a Party in any other proceedings. The process shall not be regarded as an arbitration and the laws relating to commercial arbitration shall not apply. Except as expressly provided otherwise in this Lease Agreement or unless the Parties agree in writing signed by all both Parties at the time the Expert is selected stating that the decision of the Expert will be binding (in which case the determination of the Expert shall be binding), the determination of the Expert shall not be binding. (i) When consideration of the Dispute by an Expert is initiated, the Expert shall be requested to provide a recommendation within fifteen (15) Days after the ten (10) Day response period provided in Section 15.3(d9.3(d) above has run. If the Expert’s recommendation is given within such fifteen (15) Day period, or if the Expert’s recommendation is given at a later time and no neither Party has at such time initiated any other proceeding concerning the Dispute, except for such Disputes where the Expert’s determination is final and binding on the Parties, the Parties shall review and discuss the recommendation with each other in good faith for a period of ten (10) Days following delivery of the recommendation before proceeding with any other actions. (j) If a Party does not accept the recommendation of the Expert with respect to the Dispute, except for such Disputes where the Expert’s determination is final and binding on the Parties or where the Parties agree in writing at the time that the Expert is selected that the Expert’s determination shall be final and binding (in which case the determination of the Expert shall be binding), such determination shall not be final and binding and a PartyParties, it may initiate arbitration proceeding proceedings in accordance with Section 15.49.4; provided, that prior to initiating the arbitration proceedings it shall have paid all costs of the Expert (including the reimbursement of any costs paid to the Expert by the other Party) and all out-of-pocket costs of the other Party. Similarly if the Expert has not submitted its recommendation within the time period provided in Section 15.3(i9.3(i), a Party may initiate arbitration proceedings in accordance with Section 15.49.4; provided, provided that prior to initiating the arbitration proceedings it shall have paid all costs of the Expert (including the reimbursement of any costs paid to the Expert by the other PartiesParty). Notwithstanding the foregoing provisions of this Section 15.3(j9.3(j), the Party Parties shall be bound by the decision of the Expert pending resolution of the Dispute by arbitration and shall not be excused from performance or be entitled to additional time for performance by reason of the Expert’s decision and any discrepancy in respect thereof or the instigation of such arbitration. (k) Except as provided in Section 15.3(j9.3(j), the costs of engaging an Expert shall be borne equally by the Parties, and each Party shall bear its own costs in preparing materials for, and making presentations to, the Expert.

Mediation by Expert. (a) In the event that the Parties are unable to resolve a Dispute in accordance with Section 15.2, then any either Party, in accordance with this Section 15.3, may refer the Dispute to an Expert for consideration of the Dispute and to obtain a recommendation from the Expert as to the resolution of the Dispute. (b) The Party initiating submission of the Dispute to the Expert shall provide the other Parties Party with a notice stating that it is submitting the Dispute to an Expert and nominating the person it proposes to be the Expert. The other Parties Party shall, within fifteen (15) Days of receiving such notice, notify the initiating Party whether such person is acceptable. If the Parties Party receiving such notice fail fails to respond or notifies the initiating Party that the person is not acceptable, the Parties shall meet and discuss in good faith for a period of ten (10) Days to agree upon a person to be the Expert. If the Parties are unable to agree within such ten (10) Day period, the Expert shall be selected by the International Bangladesh Chamber of Commerce following a request of any either Party. (c) Consideration of the Dispute by an Expert shall be initiated by the Party who is seeking consideration of the Dispute by the Expert submitting to both the Expert and the other Parties Party written materials setting forth: (i) a description of the Dispute; (ii) a statement of the Party’s position; and (iii) copies of records supporting the Party’s position. (d) Within ten (10) Days of the date that a Party has submitted the materials described in Section 15.3(c), the other Parties Party may submit to the Expert: (i) a description of the Dispute; (ii) a statement of such Party’s position; and (iii) copies of any records supporting such Party’s position. (e) The Expert shall consider any such information submitted by the responding Parties Party within the period provided in Section 15.3(d) and, in the Expert’s discretion, may consider any additional information submitted by any either Party at a later date. (f) The Parties shall not be entitled to apply for discovery of documents, but shall be entitled to have access to the other Parties’ Party’s relevant records and to receive copies of the records submitted by the other PartiesParty. (g) Each Party shall designate one person knowledgeable about the issues in Dispute who shall be available to the Expert to answer questions and provide any additional information requested by the Expert. Except for such person, a Party shall not be required to, but may, provide oral statements or presentations to the Expert or make any particular individuals available to the Expert. (h) Except as provided in Section 15.3(j) with respect to the payment of costs, the proceedings shall be without prejudice to any Party and any evidence given or statements made in the course of this process may not be used against a Party in any other proceedings. The process shall not be regarded as an arbitration and the laws relating to commercial arbitration shall not apply. Except as expressly provided otherwise in this Agreement or unless the Parties agree in writing signed by all both Parties at the time the Expert is selected stating that the decision of the Expert will be binding (in which case the determination of the Expert shall be binding), the determination of the Expert shall not be binding. (i) When consideration of the Dispute by an Expert is initiated, the Expert shall be requested to provide a recommendation within fifteen (15) Days after the ten (10) Day response period provided in Section 15.3(d) above has run. If the Expert’s recommendation is given within such fifteen (15) Day period, or if the Expert’s recommendation is given at a later time and no neither Party has at such time initiated any other proceeding concerning the Dispute, except for such Disputes where the Expert’s determination is final and binding on the Parties, the Parties shall review and discuss the recommendation with each other in good faith for a period of ten (10) Days following delivery of the recommendation before proceeding with any other actions. (j) If a Party does not accept the recommendation of the Expert with respect to the Dispute, except for such Disputes where the Expert’s determination is final and binding on the Parties or where the Parties agree in writing at the time that the Expert is selected that the Expert’s determination shall be final and binding (in which case the determination of the Expert shall be binding), such determination shall not be final and binding and a PartyParties, it may initiate arbitration proceeding proceedings in accordance with Section 15.4; provided, that prior to initiating the arbitration proceedings it shall have paid all costs of the Expert (including the reimbursement of any costs paid to the Expert by the other Party) and all out-of-pocket costs of the other Party. Similarly if the Expert has not submitted its recommendation within the time period provided in Section 15.3(i), a Party may initiate arbitration proceedings in accordance with Section 15.4, provided that prior to initiating the arbitration proceedings it shall have paid all costs of the Expert (including the reimbursement of any costs paid to the Expert by the other PartiesParty). Notwithstanding the foregoing provisions of this Section 15.3(j), the Party Parties shall be bound by the decision of the Expert pending resolution of the Dispute by arbitration and shall not be excused from performance or be entitled to additional time for performance by reason of the Expert’s decision and any discrepancy in respect thereof or the instigation of such arbitration. (k) Except as provided in Section 15.3(j), the costs of engaging an Expert shall be borne equally by the Parties, and each Party shall bear its own costs in preparing materials for, and making presentations to, the Expert.

Mediation by Expert. (a) In the event that the Parties are unable to resolve a Dispute in accordance with Section 15.2, then any either Party, in accordance with this Section 15.3, may refer the Dispute to an Expert for consideration of the Dispute and to obtain a recommendation from the Expert as to the resolution of the Dispute. (b) The Party initiating submission of the Dispute to the Expert shall provide the other Parties Party with a notice stating that it is submitting the Dispute to an Expert and nominating the person it proposes to be the Expert. The other Parties Party shall, within fifteen (15) Days of receiving such notice, notify the initiating Party whether such person is acceptable. If the Parties Party receiving such notice fail fails to respond or notifies the initiating Party that the person is not acceptable, the Parties shall meet and discuss in good faith for a period of ten (10) Days to agree upon a person to be the Expert. If the Parties are unable to agree within such ten (10) Day period, the Expert shall be selected by the International Chamber of Commerce following a request of any either Party. (c) Consideration of the Dispute by an Expert shall be initiated by the Party who is seeking consideration of the Dispute by the Expert submitting to both the Expert and the other Parties Party written materials setting forth: (i) a description of the Dispute; (ii) a statement of the Party’s position; and (iii) copies of records supporting the Party’s position. (d) Within ten (10) Days of the date that a Party has submitted the materials described in Section 15.3(c), the other Parties Party may submit to the Expert: (i) a description of the Dispute; (ii) a statement of such Party’s position; and (iii) copies of any records supporting such Party’s position. (e) The Expert shall consider any such information submitted by the responding Parties Party within the period provided in Section 15.3(d) and, in the Expert’s discretion, may consider any additional information submitted by any either Party at a later date. (f) The Parties shall not be entitled to apply for discovery of documents, but shall be entitled to have access to the other Parties’ Party’s relevant records and to receive copies of the records submitted by the other PartiesParty. (g) Each Party shall designate one person knowledgeable about the issues in Dispute who shall be available to the Expert to answer questions and provide any additional information requested by the Expert. Except for such person, a Party shall not be required to, but may, provide oral statements or presentations to the Expert or make any particular individuals available to the Expert. (h) Except as provided in Section 15.3(j) with respect to the payment of costs, the proceedings shall be without prejudice to any Party and any evidence given or statements made in the course of this process may not be used against a Party in any other proceedings. The process shall not be regarded as an arbitration and the laws relating to commercial arbitration shall not apply. Except as expressly provided otherwise in this Agreement or unless the Parties agree in writing signed by all both Parties at the time the Expert is selected stating that the decision of the Expert will be binding (in which case the determination of the Expert shall be binding), the determination of the Expert shall not be binding. (i) When consideration of the Dispute by an Expert is initiated, the Expert shall be requested to provide a recommendation within fifteen (15) Days after the ten (10) Day response period provided in Section 15.3(d) above has run. If the Expert’s recommendation is given within such fifteen (15) Day period, or if the Expert’s recommendation is given at a later time and no neither Party has at such time initiated any other proceeding concerning the Dispute, except for such Disputes where the Expert’s determination is final and binding on the Parties, the Parties shall review and discuss the recommendation with each other in good faith for a period of ten (10) Days following delivery of the recommendation before proceeding with any other actions. (j) If a Party does not accept the recommendation of the Expert with respect to the Dispute, except for such Disputes where the Expert’s determination is final and binding on the Parties or where the Parties agree in writing at the time that the Expert is selected that the Expert’s determination shall be final and binding (in which case the determination of the Expert shall be binding), such determination shall not be final and binding and a PartyParties, it may initiate arbitration proceeding proceedings in accordance with Section 15.4; provided, that prior to initiating the arbitration proceedings it shall have paid all costs of the Expert (including the reimbursement of any costs paid to the Expert by the other Party) and all out-of-pocket costs of the other Party. Similarly if the Expert has not submitted its recommendation within the time period provided in Section 15.3(i), a Party may initiate arbitration proceedings in accordance with Section 15.4, provided that prior to initiating the arbitration proceedings it shall have paid all costs of the Expert (including the reimbursement of any costs paid to the Expert by the other PartiesParty). Notwithstanding the foregoing provisions of this Section 15.3(j), the Party Parties shall be bound by the decision of the Expert pending resolution of the Dispute by arbitration and shall not be excused from performance or be entitled to additional time for performance by reason of the Expert’s decision and any discrepancy in respect thereof or the instigation of such arbitration. (k) Except as provided in Section 15.3(j), the costs of engaging an Expert shall be borne equally by the Parties, and each Party shall bear its own costs in preparing materials for, and making presentations to, the Expert.

Mediation by Expert. (a) In the event that the Parties parties are unable to resolve a Dispute dispute in accordance with Section 15.218.1 hereof, then any Partyeither party, in accordance with this Section 15.318.2, may refer the Dispute dispute to an Expert expert for consideration of the Dispute dispute and to obtain a recommendation from the Expert expert as to the resolution of the Disputedispute; provided, however, that with respect to disputes that involve the amount of an invoice, either party may before any such dispute arises require that an expert be appointed in accordance with the provisions of Section 18.2(b) hereof and shall nominate a person it proposes to be the expert. Such an expert shall have responsibility for considering all disputes that involve the amount of invoices until replaced in accordance with the provisions of Section 18.2(b) hereof. (b) The Party party initiating submission of the Dispute dispute to the Expert expert shall provide the other Parties party with a notice stating that it is submitting the Dispute dispute to an Expert expert and nominating the person it proposes to be the Expertexpert. The other Parties party shall, within fifteen (15) Days days of receiving such notice, notify the initiating Party party whether such person is acceptable. If the Parties party receiving such notice fail fails to respond or notifies the initiating Party party that the person is not acceptable, the Parties parties shall meet and discuss in good faith for a period of ten (10) Days days to agree upon a person to be the Expertexpert. If the Parties parties are unable to agree within agree, the responding party shall by the end of such ten (10) Day periodday period nominate a person to be an expert, whereupon the two nominated experts shall meet and agree upon a third person who shall be the expert. Should an expert die, resign, refuse to act or become incapable of performing his or her functions, the Expert vacancy shall be selected filled by the International Chamber of Commerce following a request of any Partymethod by which the expert was originally appointed. (ci) Consideration of the Dispute dispute by an Expert expert shall be initiated by the Party party who is seeking consideration of the Dispute dispute by the Expert expert submitting to both the Expert expert and the other Parties party written materials setting forth: (iA) a description of the Disputedispute; (iiB) a statement of the Party’s party's position; and (iiiC) copies of records supporting the Party’s party's position. (dii) Within ten (10) Days days of the date that a Party party has submitted the materials described in Section 15.3(c)18.2(c)(i) hereof, the other Parties party may submit to the Expertexpert: (iA) a description of the Disputedispute; (iiB) a statement of such Party’s the party's position; and (iiiC) copies of any records supporting such Party’s the party's position. (e) . The Expert expert shall consider any such information submitted by the responding Parties party within the period provided in Section 15.3(d18.2(c) (ii) hereof and, in the Expert’s expert's discretion, may consider any additional information submitted by any Party either party at a later date. (fd) The Parties parties shall not be entitled to apply for discovery of documents, but shall be entitled to have access to the other Parties’ party's relevant records and to receive copies of the records submitted by the other Partiesparty. (ge) Each Party party shall designate one person knowledgeable about the issues in Dispute dispute who shall be available to the Expert expert to answer questions and provide any additional information requested by the Expertexpert. Except for such person, a Party party shall not be required to, but may, provide oral statements or presentations to the Expert expert or make any particular individuals available to the Expertexpert. (hf) Except as provided in Section 15.3(j18.2(h) hereof with respect to the payment of costs, the proceedings shall be without prejudice to any Party party and any evidence given or statements made in the course of this process may not be used against a Party party in any other proceedings. The process shall not be regarded as an arbitration and the laws relating to commercial arbitration shall not apply. Except as expressly provided otherwise in this Agreement or unless Unless the Parties parties agree in m writing signed by all Parties both parties at the time the Expert expert is selected stating that the decision of the Expert expert will be binding (in which case the determination of the Expert shall be binding), the determination of the Expert expert shall not be binding. (ig) When consideration of the Dispute dispute by an Expert expert is initiated, the Expert expert shall be requested to provide a recommendation within fifteen (15) Days days after the ten (10) Day day response period provided in Section 15.3(d18.2(c)(ii) above has run. If the Expert’s expert's recommendation is given within such fifteen (15) Day day period, or if the Expert’s expert's recommendation is given at a later time and no Party neither party has at such time initiated any other proceeding concerning the Dispute, except for such Disputes where the Expert’s determination is final and binding on the Partiesdispute, the Parties parties shall review and discuss the recommendation with each other in good faith for a period of ten (10) Days days following delivery of the recommendation before proceeding with any other actions. (jh) If a Party party does not accept the recommendation of the Expert expert with respect to the Dispute, except for such Disputes where the Expert’s determination is final and binding on the Parties or where the Parties agree in writing at the time that the Expert is selected that the Expert’s determination shall be final and binding (in which case the determination of the Expert shall be binding), such determination shall not be final and binding and a Partydispute, it may initiate arbitration proceeding proceedings in accordance with Section 15.4; 18.3 hereof, provided, however, that prior to initiating the arbitration proceedings it shall have paid all costs of the Expert expert (including the reimbursement of any costs paid to the Expert expert by the other Partyparty) and all out-of-pocket costs of the other Partyparty. Similarly if the Expert expert has not submitted its recommendation within the time period provided in Section 15.3(i)18.2(g) hereof, a Party party may initiate arbitration proceedings in accordance with Section 15.418.3 hereof, provided that prior to initiating the arbitration proceedings it shall have paid all costs of the Expert expert (including the reimbursement of any costs paid to the Expert expert by the other Partiesparty). Notwithstanding the foregoing provisions of this Section 15.3(j), the Party shall be bound by the decision of the Expert pending resolution of the Dispute by arbitration and shall not be excused from performance or be entitled to additional time for performance by reason of the Expert’s decision and any discrepancy in respect thereof or the instigation of such arbitration. (ki) Except as provided in Section 15.3(j)18.2(h) hereof, the costs of engaging an Expert expert shall be borne equally by the Parties, parties and each Party party shall bear its own costs in preparing materials for, and making presentations to, the Expertexpert. (j) Without prejudice to the parties' rights to initiate arbitration proceedings following the recommendation of the expert in accordance with Section 18.2(h), the parties shall act in accordance with the recommendation of the expert until resolution of the dispute by arbitration.

Mediation by Expert. (a) In the event that the Parties are unable to resolve a Dispute in accordance with Section 15.2, then any Party, in accordance with this Section 15.3, may refer the Dispute to an Expert for consideration of the Dispute and to obtain a recommendation from the Expert as to the resolution of the Dispute. (b) The Party initiating submission of the Dispute to the Expert shall provide the other Parties with a notice stating that it is submitting the Dispute to an Expert and nominating the person it proposes to be the Expert. The other Parties shall, within fifteen (15) Days of receiving such notice, notify the initiating Party whether such person is acceptable. If the Parties receiving such notice fail to respond or notifies the initiating Party that the person is not acceptable, the Parties shall meet and discuss in good faith for a period of ten (10) Days to agree upon a person to be the Expert. If the Parties are unable to agree within such ten (10) Day period, the Expert shall be selected by the International Chamber of Commerce following a request of any Party. (c) Consideration of the Dispute by an Expert shall be initiated by the Party who is seeking consideration of the Dispute by the Expert submitting to both the Expert and the other Parties written materials setting forth: (i) a description of the Dispute; (ii) a statement of the Party’s position; and (iii) copies of records supporting the Party’s position. (d) Within ten (10) Days of the date that a Party has submitted the materials described in Section 15.3(c), the other Parties may submit to the Expert: (i) a description of the Dispute; (ii) a statement of such Party’s position; and (iii) copies of any records supporting such Party’s position. (e) The Expert shall consider any such information submitted by the responding Parties within the period provided in Section 15.3(d) and, in the Expert’s discretion, may consider any additional information submitted by any Party at a later date. (f) The Parties shall not be entitled to apply for discovery of documents, but shall be entitled to have access to the other Parties’ relevant records and to receive copies of the records submitted by the other Parties. (g) Each Party shall designate one person knowledgeable about the issues in Dispute who shall be available to the Expert to answer questions and provide any additional information requested by the Expert. Except for such person, a Party shall not be required to, but may, provide oral statements or presentations to the Expert or make any particular individuals available to the Expert. (h) Except as provided in Section 15.3(j) with respect to the payment of costs, the proceedings shall be without prejudice to any Party and any evidence given or statements made in the course of this process may not be used against a Party in any other proceedings. The process shall not be regarded as an arbitration and the laws relating to commercial arbitration shall not apply. Except as expressly provided otherwise in this Agreement or unless the Parties agree in writing signed by all Parties at the time the Expert is selected stating that the decision of the Expert will be binding (in which case the determination of the Expert shall be binding), the determination of the Expert shall not be binding. (i) When consideration of the Dispute by an Expert is initiated, the Expert shall be requested to provide a recommendation within fifteen (15) Days after the ten (10) Day response period provided in Section 15.3(d) above has run. If the Expert’s recommendation is given within such fifteen (15) Day period, or if the Expert’s recommendation is given at a later time and no Party has at such time initiated any other proceeding concerning the Dispute, except for such Disputes where the Expert’s determination is final and binding on the Parties, the Parties shall review and discuss the recommendation with each other in good faith for a period of ten (10) Days following delivery of the recommendation before proceeding with any other actions. (j) If a Party does not accept the recommendation of the Expert with respect to the Dispute, except for such Disputes where the Expert’s determination is final and binding on the Parties or where the Parties agree in writing at the time that the Expert is selected that the Expert’s determination shall be final and binding (in which case the determination of the Expert shall be binding), such determination shall not be final and binding and a PartyParties, it may initiate arbitration proceeding in accordance with Section 15.4; provided, that prior to initiating the arbitration proceedings it shall have paid all costs of the Expert (including the reimbursement of any costs paid to the Expert by the other PartyParties) and all out-of-pocket costs of the other PartyParties. Similarly if the Expert has not submitted its recommendation within the time period provided in Section 15.3(i), a Party may initiate arbitration proceedings in accordance with Section 15.4, provided that prior to initiating the arbitration proceedings it shall have paid all costs of the Expert (including the reimbursement of any costs paid to the Expert by the other Parties). Notwithstanding the foregoing provisions of this Section 15.3(j), the Party Parties shall be bound by the decision of the Expert pending resolution of the Dispute by arbitration and shall not be excused from performance or be entitled to additional time for performance by reason of the Expert’s decision and any discrepancy in respect thereof or the instigation of such arbitration.arbitration.‌ (k) Except as provided in Section 15.3(j), the costs of engaging an Expert shall be borne equally by the Parties, and each Party shall bear its own costs in preparing materials for, and making presentations to, the Expert.

Mediation by Expert. (a) In the event that the Parties parties are unable to resolve a Dispute dispute in accordance with Section 15.218.1 hereof, then any Partyeither party, in accordance with this Section 15.318.2, may refer the Dispute dispute to an Expert expert for consideration of the Dispute dispute and to obtain a recommendation from the Expert expert as to the resolution of the Dispute.dispute; provided, however, that with respect to disputes that involve the -------- ------- amount of an invoice, either party may before any such dispute arises require that an expert be appointed in accordance with the provisions of Section 18.2(b) hereof and shall nominate a person it proposes to be the expert. Such an expert shall have responsibility for considering all disputes that involve the amount of invoices until replaced in accordance with the provisions of Section 18.2(b) hereof (b) The Party party initiating submission of the Dispute dispute to the Expert expert shall provide the other Parties party with a notice stating that it is submitting the Dispute dispute to an Expert expert and nominating the person it proposes to be the Expertexpert. The other Parties party shall, within fifteen (15) Days days of receiving such notice, notify the initiating Party party whether such person is acceptable. If the Parties party receiving such notice fail fails to respond or notifies the initiating Party party that the person is not acceptable, the Parties parties shall meet and discuss in good faith for a period of ten (10) Days days to agree upon a person to be the Expertexpert. If the Parties pates are unable to agree within agree, the responding party shall by the end of such ten (10) Day periodday period nominate a person to be an expert, whereupon the two nominated experts shall meet and agree upon a third person who shall be the expert. Should an expert die, resign, refuse to act or become incapable of performing his or her functions, the Expert vacancy shall be selected filled by the International Chamber of Commerce following a request of any Partymethod by which the expert was originally appointed. (ci) Consideration of the Dispute dispute by an Expert expert shall be initiated by the Party party who is seeking consideration of the Dispute dispute by the Expert expert submitting to both the Expert expert and the other Parties party written materials setting forth: (iA) a description of the Disputedispute; (iiB) a statement of the Party’s party's position; and (iiiC) copies of records supporting the Party’s party's position. (dii) Within ten (10) Days days of the date that a Party party has submitted the materials described in Section 15.3(c)18.2(c)(i) hereof, the other Parties party may submit to the Expert:expert (iA) a description of the Disputedispute; (iiB) a statement of such Party’s the party's position; and (iiiC) copies of any records supporting such Party’s the party's position. (e) . The Expert expert shall consider any such information submitted by the responding Parties party within the period provided in Section 15.3(d18.2(c)(ii) hereof and, in the Expert’s expert's discretion, may consider any additional information submitted by any Party either party at a later date. (fd) The Parties parties shall not be entitled to apply for discovery of documents, but shall be entitled to have access to the other Parties’ party's relevant records and to receive copies of the records submitted by the other Partiesparty. (ge) Each Party party shall designate one person knowledgeable about the issues in Dispute dispute who shall be available to the Expert expert to answer questions and provide any additional information requested by the Expertexpert. Except for such person, a Party party shall not be required to, but may, provide oral statements or presentations to the Expert expert or make any particular individuals available to the Expertexpert. (hf) Except as provided in Section 15.3(j18.2(h) hereof with respect to the payment of costs, the proceedings shall be without prejudice to any Party party and any evidence given or statements made in the course of this process may not be used against a Party party in any other proceedings. The process shall not be regarded as an arbitration and the laws relating to commercial arbitration shall not apply. Except as expressly provided otherwise in this Agreement or unless Unless the Parties parties agree in writing signed by all Parties both parties at the time the Expert expert is selected stating that the decision of the Expert expert will be binding (in which case the determination of the Expert shall be binding), the determination of the Expert expert shall not be binding. (ig) When consideration of the Dispute dispute by an Expert expert is initiated, the Expert expert shall be requested to provide a recommendation within fifteen (15) Days days after the ten (10) Day day response period provided in Section 15.3(d18.2(c)(ii) above has run. If the Expert’s expert's recommendation is given within such fifteen (15) Day day period, or if the Expert’s expert's recommendation is given at a later time and no Party neither party has at such time initiated any other proceeding concerning the Dispute, except for such Disputes where the Expert’s determination is final and binding on the Partiesdispute, the Parties parties shall review and discuss the recommendation with each other in good faith for a period of ten (10) Days days following delivery of the recommendation before proceeding with any other actions. (jh) If a Party party does not accept the recommendation of the Expert expert with respect to the Dispute, except for such Disputes where the Expert’s determination is final and binding on the Parties or where the Parties agree in writing at the time that the Expert is selected that the Expert’s determination shall be final and binding (in which case the determination of the Expert shall be binding), such determination shall not be final and binding and a Partydispute, it may initiate arbitration proceeding proceedings in accordance with Section 15.4; 18.3 hereof, provided, however, that prior to initiating the -------- ------- arbitration proceedings it shall have paid all costs of the Expert expert (including the reimbursement of any costs paid to the Expert expert by the other Partyparty) and all out-of-pocket costs of the other Partyparty. Similarly if the Expert expert has not submitted its recommendation within the time period provided in Section 15.3(i)18.2(g) hereof, a Party party may initiate arbitration proceedings in accordance with Section 15.418.3 hereof, provided that prior to initiating the arbitration proceedings it -------- shall have paid all costs of the Expert expert (including the reimbursement of any costs paid to the Expert expert by the other Partiesparty). Notwithstanding the foregoing provisions of this Section 15.3(j), the Party shall be bound by the decision of the Expert pending resolution of the Dispute by arbitration and shall not be excused from performance or be entitled to additional time for performance by reason of the Expert’s decision and any discrepancy in respect thereof or the instigation of such arbitration. (ki) Except as provided in Section 15.3(j)18.2(h) hereof, the costs of engaging an Expert expert shall be borne equally by the Parties, parties and each Party party shall bear its own costs in preparing materials for, and making presentations to, the Expertexpert. (j) Without prejudice to the parties' rights to initiate arbitration proceedings following the recommendation of the expert in accordance with Section 18.2(h), the parties shall act in accordance with the recommendation of the expert until resolution of the dispute by arbitration.

Mediation by Expert. (a) In the event that the Parties are unable to resolve a Dispute in accordance with Section 15.29.2, then any either Party, in accordance with this Section 15.39.3, may refer the Dispute to an Expert for consideration of the Dispute and to obtain a recommendation from the Expert as to the resolution of the Dispute. (b) The Party initiating submission of the Dispute to the Expert shall provide the other Parties Party with a notice stating that it is submitting the Dispute to an Expert and nominating the person it proposes to be the Expert. The other Parties Party shall, within fifteen (15) Days of receiving such notice, notify the initiating Party whether such person is acceptable. If the Parties Party receiving such notice fail fails to respond or notifies the initiating Party that the person is not acceptable, the Parties shall meet and discuss in good faith for a period of ten (10) Days to agree upon a person to be the Expert. If the Parties are unable to agree within such ten (10) Day period, the Expert shall be selected by the International Chamber of Commerce following a request of any Party.either Party.‌‌‌‌‌‌‌‌‌ (c) Consideration of the Dispute by an Expert shall be initiated by the Party who is seeking consideration of the Dispute by the Expert submitting to both the Expert and the other Parties Party written materials setting forth: (i) a description of the Dispute; (ii) a statement of the Party’s position; and (iii) copies of records supporting the Party’s position. (d) Within ten (10) Days of the date that a Party has submitted the materials described in Section 15.3(c9.3(c), the other Parties Party may submit to the Expert: (i) a description of the Dispute; (ii) a statement of such the Party’s position; and (iii) copies of any records supporting such Party’s position. (e) The Expert shall consider any such information submitted by the responding Parties within the period provided in Section 15.3(d) and, in the Expert’s discretion, may consider any additional information submitted by any Party at a later date. (f) The Parties shall not be entitled to apply for discovery of documents, but shall be entitled to have access to the other Parties’ relevant records and to receive copies of the records submitted by the other Parties. (g) Each Party shall designate one person knowledgeable about the issues in Dispute who shall be available to the Expert to answer questions and provide any additional information requested by the Expert. Except for such person, a Party shall not be required to, but may, provide oral statements or presentations to the Expert or make any particular individuals available to the Expert. (h) Except as provided in Section 15.3(j) with respect to the payment of costs, the proceedings shall be without prejudice to any Party and any evidence given or statements made in the course of this process may not be used against a Party in any other proceedings. The process shall not be regarded as an arbitration and the laws relating to commercial arbitration shall not apply. Except as expressly provided otherwise in this Agreement or unless the Parties agree in writing signed by all Parties at the time the Expert is selected stating that the decision of the Expert will be binding (in which case the determination of the Expert shall be binding), the determination of the Expert shall not be binding. (i) When consideration of the Dispute by an Expert is initiated, the Expert shall be requested to provide a recommendation within fifteen (15) Days after the ten (10) Day response period provided in Section 15.3(d) above has run. If the Expert’s recommendation is given within such fifteen (15) Day period, or if the Expert’s recommendation is given at a later time and no Party has at such time initiated any other proceeding concerning the Dispute, except for such Disputes where the Expert’s determination is final and binding on the Parties, the Parties shall review and discuss the recommendation with each other in good faith for a period of ten (10) Days following delivery of the recommendation before proceeding with any other actions. (j) If a Party does not accept the recommendation of the Expert with respect to the Dispute, except for such Disputes where the Expert’s determination is final and binding on the Parties or where the Parties agree in writing at the time that the Expert is selected that the Expert’s determination shall be final and binding (in which case the determination of the Expert shall be binding), such determination shall not be final and binding and a Party, it may initiate arbitration proceeding in accordance with Section 15.4; provided, that prior to initiating the arbitration proceedings it shall have paid all costs of the Expert (including the reimbursement of any costs paid to the Expert by the other Party) and all out-of-pocket costs of the other Party. Similarly if the Expert has not submitted its recommendation within the time period provided in Section 15.3(i), a Party may initiate arbitration proceedings in accordance with Section 15.4, provided that prior to initiating the arbitration proceedings it shall have paid all costs of the Expert (including the reimbursement of any costs paid to the Expert by the other Parties). Notwithstanding the foregoing provisions of this Section 15.3(j), the Party shall be bound by the decision of the Expert pending resolution of the Dispute by arbitration and shall not be excused from performance or be entitled to additional time for performance by reason of the Expert’s decision and any discrepancy in respect thereof or the instigation of such arbitration. (k) Except as provided in Section 15.3(j), the costs of engaging an Expert shall be borne equally by the Parties, and each Party shall bear its own costs in preparing materials for, and making presentations to, the Expert.

Mediation by Expert. (a) In the event that the Parties are unable to resolve a Dispute in accordance with Section 15.29.2, then any either Party, in accordance with this Section 15.39.3, may refer the Dispute to an Expert for consideration of the Dispute and to obtain a recommendation from the Expert as to the resolution of the Dispute. (b) The Party initiating submission of the Dispute to the Expert shall provide the other Parties Party with a notice stating that it is submitting the Dispute to an Expert and nominating the person it proposes to be the Expert. The other Parties Party shall, within fifteen (15) Days of receiving such notice, notify the initiating Party whether such person is acceptable. If the Parties Party receiving such notice fail fails to respond or notifies the initiating Party that the person is not acceptable, the Parties shall meet and discuss in good faith for a period of ten (10) Days to agree upon a person to be the Expert. If the Parties are unable to agree within such ten (10) Day period, the Expert shall be selected by the International Chamber of Commerce following a request of any either Party. (c) Consideration of the Dispute by an Expert shall be initiated by the Party who is seeking consideration of the Dispute by the Expert submitting to both the Expert and the other Parties Party written materials setting forth: (i) a description of the Dispute; (ii) a statement of the Party’s position; and (iii) copies of records supporting the Party’s position. (d) Within ten (10) Days of the date that a Party has submitted the materials described in Section 15.3(c9.3(c), the other Parties Party may submit to the Expert: (i) a description of the Dispute; (ii) a statement of such the Party’s position; and (iii) copies of any records supporting such Party’s position. (e) The Expert shall consider any such information submitted by the responding Parties within the period provided in Section 15.3(d) and, in the Expert’s discretion, may consider any additional information submitted by any Party at a later date. (f) The Parties shall not be entitled to apply for discovery of documents, but shall be entitled to have access to the other Parties’ relevant records and to receive copies of the records submitted by the other Parties. (g) Each Party shall designate one person knowledgeable about the issues in Dispute who shall be available to the Expert to answer questions and provide any additional information requested by the Expert. Except for such person, a Party shall not be required to, but may, provide oral statements or presentations to the Expert or make any particular individuals available to the Expert. (h) Except as provided in Section 15.3(j) with respect to the payment of costs, the proceedings shall be without prejudice to any Party and any evidence given or statements made in the course of this process may not be used against a Party in any other proceedings. The process shall not be regarded as an arbitration and the laws relating to commercial arbitration shall not apply. Except as expressly provided otherwise in this Agreement or unless the Parties agree in writing signed by all Parties at the time the Expert is selected stating that the decision of the Expert will be binding (in which case the determination of the Expert shall be binding), the determination of the Expert shall not be binding. (i) When consideration of the Dispute by an Expert is initiated, the Expert shall be requested to provide a recommendation within fifteen (15) Days after the ten (10) Day response period provided in Section 15.3(d) above has run. If the Expert’s recommendation is given within such fifteen (15) Day period, or if the Expert’s recommendation is given at a later time and no Party has at such time initiated any other proceeding concerning the Dispute, except for such Disputes where the Expert’s determination is final and binding on the Parties, the Parties shall review and discuss the recommendation with each other in good faith for a period of ten (10) Days following delivery of the recommendation before proceeding with any other actions. (j) If a Party does not accept the recommendation of the Expert with respect to the Dispute, except for such Disputes where the Expert’s determination is final and binding on the Parties or where the Parties agree in writing at the time that the Expert is selected that the Expert’s determination shall be final and binding (in which case the determination of the Expert shall be binding), such determination shall not be final and binding and a Party, it may initiate arbitration proceeding in accordance with Section 15.4; provided, that prior to initiating the arbitration proceedings it shall have paid all costs of the Expert (including the reimbursement of any costs paid to the Expert by the other Party) and all out-of-pocket costs of the other Party. Similarly if the Expert has not submitted its recommendation within the time period provided in Section 15.3(i), a Party may initiate arbitration proceedings in accordance with Section 15.4, provided that prior to initiating the arbitration proceedings it shall have paid all costs of the Expert (including the reimbursement of any costs paid to the Expert by the other Parties). Notwithstanding the foregoing provisions of this Section 15.3(j), the Party shall be bound by the decision of the Expert pending resolution of the Dispute by arbitration and shall not be excused from performance or be entitled to additional time for performance by reason of the Expert’s decision and any discrepancy in respect thereof or the instigation of such arbitration. (k) Except as provided in Section 15.3(j), the costs of engaging an Expert shall be borne equally by the Parties, and each Party shall bear its own costs in preparing materials for, and making presentations to, the Expert.

Mediation by Expert. (a) In the event that the Parties are unable to resolve a Dispute in accordance with Section 15.29.2, then any either Party, in accordance with this Section 15.39.3, may refer the Dispute to an Expert for consideration of the Dispute and to obtain a recommendation from the Expert as to the resolution of the Dispute. (b) The Party initiating submission of the Dispute to the Expert shall provide the other Parties Party with a notice stating that it is submitting the Dispute to an Expert and nominating the person it proposes to be the Expert. The other Parties Party shall, within fifteen (15) Days of receiving such notice, notify the initiating Party whether such person is acceptable. If the Parties Party receiving such notice fail fails to respond or notifies the initiating Party that the person is not acceptable, the Parties shall meet and discuss in good faith for a period of ten (10) Days to agree upon a person to be the Expert. If the Parties are unable to agree within such ten (10) Day period, the Expert shall be selected by the International Bangladesh Chamber of Commerce following a request of any either Party. (c) Consideration of the Dispute by an Expert shall be initiated by the Party who is seeking consideration of the Dispute by the Expert submitting to both the Expert and the other Parties Party written materials setting forth: (i) a description of the Dispute; (ii) a statement of the Party’s position; and (iii) copies of records supporting the Party’s position. (d) Within ten (10) Days of the date that a Party has submitted the materials described in Section 15.3(c9.3(c), the other Parties Party may submit to the Expert: (i) a description of the Dispute; (ii) a statement of such the Party’s position; and (iii) copies of any records supporting such the Party’s position. (e) The Expert shall consider any such information submitted by the responding Parties Party within the period provided in Section 15.3(d9.3(d) and, in the Expert’s discretion, may consider any additional information submitted by any either Party at a later date. (f) The Parties shall not be entitled to apply for discovery of documents, but shall be entitled to have access to the other Parties’ Party’s relevant records and to receive copies of the records submitted by the other PartiesParty. (g) Each Party shall designate one person knowledgeable about the issues in Dispute who shall be available to the Expert to answer questions and provide any additional information requested by the Expert. Except for such person, a Party shall not be required to, but may, provide oral statements or presentations to the Expert or make any particular individuals available to the Expert. (h) Except as provided in Section 15.3(j9.3(j) with respect to the payment of costs, the proceedings shall be without prejudice to any Party and any evidence given or statements made in the course of this process may not be used against a Party in any other proceedings. The process shall not be regarded as an arbitration and the laws relating to commercial arbitration shall not apply. Except as expressly provided otherwise in this Lease Agreement or unless the Parties agree in writing signed by all both Parties at the time the Expert is selected stating that the decision of the Expert will be binding (in which case the determination of the Expert shall be binding), the determination of the Expert shall not be binding. (i) When consideration of the Dispute by an Expert is initiated, the Expert shall be requested to provide a recommendation within fifteen (15) Days after the ten (10) Day response period provided in Section 15.3(d9.3(d) above has run. If the Expert’s recommendation is given within such fifteen (15) Day period, or if the Expert’s recommendation is given at a later time and no neither Party has at such time initiated any other proceeding concerning the Dispute, except for such Disputes where the Expert’s determination is final and binding on the Parties, the Parties shall review and discuss the recommendation with each other in good faith for a period of ten (10) Days following delivery of the recommendation before proceeding with any other actions. (j) If a Party does not accept the recommendation of the Expert with respect to the Dispute, except for such Disputes where the Expert’s determination is final and binding on the Parties or where the Parties agree in writing at the time that the Expert is selected that the Expert’s determination shall be final and binding (in which case the determination of the Expert shall be binding), such determination shall not be final and binding and a PartyParties, it may initiate arbitration proceeding proceedings in accordance with Section 15.49.4; provided, that prior to initiating the arbitration proceedings it shall have paid all costs of the Expert (including the reimbursement of any costs paid to the Expert by the other Party) and all out-of-pocket costs of the other Party. Similarly if the Expert has not submitted its recommendation within the time period provided in Section 15.3(i9.3(i), a Party may initiate arbitration proceedings in accordance with Section 15.49.4; provided, provided that prior to initiating the arbitration proceedings it shall have paid all costs of the Expert (including the reimbursement of any costs paid to the Expert by the other PartiesParty). Notwithstanding the foregoing provisions of this Section 15.3(j9.3(j), the Party Parties shall be bound by the decision of the Expert pending resolution of the Dispute by arbitration and shall not be excused from performance or be entitled to additional time for performance by reason of the Expert’s decision and any discrepancy in respect thereof or the instigation of such arbitration. (k) Except as provided in Section 15.3(j9.3(j), the costs of engaging an Expert shall be borne equally by the Parties, and each Party shall bear its own costs in preparing materials for, and making presentations to, the Expert.