Common use of Qualifications of Independent Expert Clause in Contracts

Qualifications of Independent Expert. Any Independent Expert appointed under this Section 6 shall be: (a) independent of each of the Parties; (b) of national or international standing; (c) well qualified by education, technical training and experience, and hold the appropriate professional qualifications, to determine the matters in issue in the Specified Dispute; and (d) impartial and have no interest or obligation in conflict with the task to be performed as an Independent Expert for the Parties. Without limiting the generality of the foregoing, a conflict will be deemed to exist, unless otherwise agreed in writing by the Parties, if the Independent Expert at any time previously performed work in connection with matters covered by any of the Formal Agreements, or during the preceding three years performed any other work for either of the Parties or any of their Affiliates. Any direct or beneficial equity interest the Independent Expert has in one or more of the Parties or their Affiliates, or vice versa, shall be declared by each Party and the Independent Expert prior to the Independent Expert being retained.

Qualifications of Independent Expert. Any Independent Expert appointed under this Section 6 shall be: (a) independent of each of the Parties; (b) of national or international standing; (c) well qualified by education, technical training and experience, and hold the appropriate professional qualifications, to determine the matters in issue in the Specified Dispute; and (d) impartial and have no interest or obligation in conflict with the task to be performed as an Independent Expert for the Parties. Without limiting the generality of the foregoing, a conflict will be deemed to exist, unless otherwise agreed in writing by the Parties, if the Independent Expert at any time previously performed work in connection with matters covered by any of the Formal AgreementsAgreement, or during the preceding three years performed any other work for either of the Parties or any of their Affiliates. Any direct or beneficial equity interest the Independent Expert has in one or more of the Parties or their Affiliates, or vice versa, shall be declared by each Party and the Independent Expert prior to the Independent Expert being retained.