Original Expert. If the Expert (the "Original Expert"):-
33.12.1 fails to determine the matter referred to him;
33.12.2 fails to give notice of his decision within the time and in the manner provided for in this Clause 33;
33.12.3 relinquishes or does not accept his appointment;
33.12.4 dies; or
33.12.5 it becomes apparent for any reason that he is unable to complete the duties of his appointment, either of the Parties may in accordance with Clause 33.2.1 to 33.11 apply for a substitute to be appointed (but not after the original Expert has given notice of his decision to the Parties in dispute). In such event the original Expert is no longer the expert, the provisions of this Clause apply as if the original Expert had not been appointed and will be repeated as many times as necessary. Any reference to the Expert in this Clause 33 is deemed to include any substitute appointed pursuant to this Clause 33.12.
Original Expert. If the Expert (the "Original Expert"):-
Original Expert. If the Expert (the Original Expert):-
5.9.1 fails to determine the matter referred to him;
5.9.2 fails to give notice of his decision within the time and in the manner provided for in this Paragraph 5;
5.9.3 relinquishes or does not accept his appointment;
5.9.4 dies; or
5.9.5 it becomes apparent for any reason that he is unable to complete the duties of his appointment, either of the parties may apply for a substitute to be appointed (but not after the Original Expert has given notice of his decision to the parties in dispute). In such event the Original Expert is no longer the expert, the provisions of this Paragraph apply as if the Original Expert had not been appointed and will be repeated as many times as necessary. Any reference to the Expert in this Paragraph 5 is deemed to include any substitute appointed pursuant to this Paragraph 5.9.
