Common use of Process of Determination Clause in Contracts

Process of Determination. (A) Subject to the Expert's right to call for oral explanations, submissions or information from a Party pursuant to Clause 23(e)(iv)(B), all communications or submissions from either of the Parties to the Expert relating to the matter to be resolved by the Expert shall be made in writing and a copy thereof shall be provided simultaneously to the other Party. (B) Each of the Parties may make such written submissions and may supply such written information to the Expert as it thinks fit and the Expert shall be entitled to request and receive such oral or written explanations, submissions or information from the Parties as he may consider desirable to enable him to reach his decision, in which event each of the Parties shall, subject to Clause 23(e)(v), comply promptly with any such request, and the other Party shall be provided with a copy of such written submissions and documentation by the relevant Party and shall be entitled to be present or represented at any such oral submission, explanation or examination. (C) If a Party is requested by the Expert to make or give any oral explanations, submissions or information to an Expert, such Party shall give to the other Party not less than fourteen (14) Days' notice of the time and place at which such oral explanations, submissions or information are to be made or given and shall afford to the other Party the opportunity to be present. (D) Irrespective of whether the Expert requests oral explanations, submissions or information, the Expert shall require the Parties to submit final written proposals on the subject matter of the dispute in such form and by such date as the Expert may require (but in any event upon not less than fourteen (14) Days' notice). (E) The Expert shall be entitled to obtain such independent professional or technical advice as he may reasonably require.

Process of Determination. (A) Subject to the Expert's right to call for oral explanations, submissions or information from a Party pursuant to Clause 23(e)(iv)(B21(e)(iv)(B), all communications or submissions from either of the Parties to the Expert relating to the matter to be resolved by the Expert shall be made in writing and a copy thereof shall be provided simultaneously to the other Party. (B) Each of the Parties may make such written submissions and may supply such written information to the Expert as it thinks fit and the Expert shall be entitled to request and receive such oral or written explanations, submissions or information from the Parties as he may consider desirable to enable him to reach his decision, in which event each of the Parties shall, subject to Clause 23(e)(v21(e)(v), comply promptly with any such request, and the other Party shall be provided with a copy of such written submissions and documentation by the relevant Party and shall be entitled to be present or represented at any such oral submission, explanation or examination. (C) If a Party is requested by the Expert to make or give any oral explanations, submissions or information to an Expert, such Party shall give to the other Party not less than fourteen (14) Days' notice of the time and place at which such oral explanations, submissions or information are to be made or given and shall afford to the other Party the opportunity to be present. (D) Irrespective of whether the Expert requests oral explanations, submissions or information, the Expert shall require the Parties to submit final written proposals on the subject matter of the dispute in such form and by such date as the Expert may require (but in any event upon not less than fourteen (14) Days' notice). (E) The Expert shall be entitled to obtain such independent professional or technical advice as he may reasonably require.