Referral to Expert. 33.3.1 If there has been no resolution of the Dispute within twenty (20) days of the referral to Chief Executives either Party may give to the other written notice referring the dispute to a suitably qualified independent Expert for determination in accordance with this Clause 33.3 (Referral to Expert).
33.3.2 The Expert shall be required to prepare a written decision and give notice (including a copy) of the decision to the Parties within a maximum of three (3) months of the matter being referred to the Expert.
33.3.3 If the Expert dies or becomes unwilling or incapable of acting, or does not deliver the decision within the time required by this Clause 33.3 (Referral to Expert) then:
(a) either Party may apply to the Relevant Body to discharge the Expert and to appoint a replacement Expert with the required expertise; and
(b) this Clause 33.3 (Referral to Expert) shall apply in relation to the new Expert as if they were the first Expert appointed.
33.3.4 All matters under this Clause 33.3 (Referral to Expert) must be conducted, and the Expert's decision shall be written, in the English language.
33.3.5 The Parties shall be entitled to make submissions to the Expert (including oral submissions) and shall provide (or procure the provision to) the Expert with such assistance and documents as the Expert reasonably requires for the purpose of reaching a decision.
33.3.6 To the extent not provided for by this Clause 33.3 (Referral to Expert), the Expert may in their reasonable discretion determine such other procedures to assist with the conduct of the determination as they consider just or appropriate, including (to the extent they consider necessary) instructing professional advisers to assist them in reaching their determination.
33.3.7 Each Party shall (with reasonable promptness) supply each other with all information and give each other access to all documentation and personnel as the other Party reasonably requires to make a submission under this Clause 33.3 (Referral to Expert).
33.3.8 The Expert shall act as an expert and not as an arbitrator. The Expert shall determine the matter in dispute (which may include any issue involving the interpretation of any provision of this Agreement, their jurisdiction to determine the matters and issues referred to them or their terms of reference). The Expert's written decision on the matters referred to them shall be final and binding on the Parties in the absence of manifest error or fraud.
33.3.9 Each Party shall ...
Referral to Expert. 3.1 If there has been no resolution of the Dispute within twenty (20) days of the referral to Chief Executives either party may give to the other written notice referring the dispute to a suitably qualified independent Expert for determination in accordance with this Clause 29.3 (Referral to Expert).
Referral to Expert. 28.3.1 If there has been no resolution of the Dispute within twenty (20) days of the referral to Chief Executives either the Disputing Member or Homes England may give to the other written notice referring the dispute to a suitably qualified independent Expert for determination in accordance with this clause 28.3 (Referral to Expert).
28.3.2 The Expert shall be required to prepare a written decision and give notice (including a copy) of the decision to the Disputing Member and Homes England within a maximum of three (3) months of the matter being referred to the Expert.
28.3.3 If the Expert dies or becomes unwilling or incapable of acting, or does not deliver the decision within the time required by this clause 28.3 (Referral to Expert) then:
(a) either the Disputing Member or Homes England may apply to the Relevant Body to discharge the Expert and to appoint a replacement Expert with the required expertise; and
(b) this clause 28.3 (Referral to Expert) shall apply in relation to the new Expert as if they were the first Expert appointed.
28.3.4 All matters under this clause 28.3 (Referral to Expert) must be conducted, and the Expert's decision shall be written, in the English language.
28.3.5 The Disputing Member and Homes England shall be entitled to make submissions to the Expert (including oral submissions) and shall provide (or procure the provision to) the Expert with such assistance and documents as the Expert reasonably requires for the purpose of reaching a decision.
28.3.6 To the extent not provided for by this clause 28.3 (Referral to Expert), the Expert may in their reasonable discretion determine such other procedures to assist with the conduct of the determination as they consider just or appropriate, including (to the extent they consider necessary) instructing professional advisers to assist them in reaching their determination.
Referral to Expert. 33.3.1 Any dispute or difference between the parties in connection with this Agreement may, if the Council and the Partner agree, be referred to and settled by an independent expert (the "Expert") whose decision in relation to such matters shall be final and binding upon the Parties except in the case of fraud or manifest error.
33.3.2 The Council and the Partner agree that the determination of a dispute or difference between the parties in respect of the Residual Land Value of a Phase and Viability shall be a suitable matter to be determined by the Expert as provided for in this Agreement.
Referral to Expert. 34.3.1 If there has been no resolution of the Dispute within twenty (20) days of the referral to Chief Executives either the Disputing Member or Homes England may give to the other written notice referring the dispute to a suitably qualified independent Expert for determination in accordance with Clause 34.3 (Referral to Expert).
34.3.2 The Expert shall be required to prepare a written decision and give notice (including a copy) of the decision to the Disputing Member and Homes England within a maximum of three (3) months of the matter being referred to the Expert.
34.3.3 If the Expert dies or becomes unwilling or incapable of acting, or does not deliver the decision within the time required by this Clause 34.3 (Referral to Expert) then:
Referral to Expert. If the RPO considers at any time during the period of this Agreement that the Licensee has without legitimate reason failed to comply with its obligations under Clause 6.1, the RPO shall be entitled to refer to an independent expert the following questions: whether the Licensee has complied with its obligations under Clause 6.1; and if not what specific action the Licensee should have taken ("Specific Action") in order to have so complied.
Referral to Expert. 5.1 If in any circumstances whatsoever the Market Rent shall not have been agreed between the Landlord and the Tenant by the date three months before the commencement ("the Review Date") of any period ("the Review Period") of the Term for which a rent review is stimulated then the question may at any time thereafter at the joint expense of the parties be referred by either party to the decision of a Surveyor ("xxx Xxxxxxxx") practising in or having knowledge of rental values in the area in which the premises are situate
5.2 The Surveyor shall be mutually agreed by the Landlord and the Tenant or in default of agreement to be nominated by the President for the time being of The Royal Institution of Chartered Surveyors
5.3 The Surveyor whether agreed or nominated as aforesaid shall act as an expert and not as an Arbitrator
5.4 The Surveyor's decision shall be binding on both the Landlord and the Tenant but he shall be required to :
5.4.1 Afford the Landlord and the Tenant an opportunity to make written representations to him
5.4.2 Afford the Landlord and the Tenant an opportunity to comment on any such written representations received by his
5.4.3 Give written reasons tor his decision
Referral to Expert. 14.1 If any matter or dispute in connection with or arising out of this Schedule is expressly stated to be determined by the Expert, any such referral shall be on the basis that the Expert is to seek to determine the issues in dispute within 14 days (or such other period as the Parties may agree) starting on the day after receiving the reference.
14.2 The Expert shall act as an expert and not as an arbitrator. The decision of the Expert will, in the absence of manifest error, be final and binding on both parties. The Expert's costs in respect of any reference shall be borne as the Expert may direct.
Referral to Expert. 6.7.1 If the Parties are in disagreement, despite having engaged in discussions to resolve such disagreement for no less than 30 days, as to whether Orchard has, without legitimate reason, failed to comply with its obligations under Clause 6, either Party shall be entitled to refer that disagreement to an independent expert (to be appointed in accordance with the provisions of Schedule 3) who shall determine the following questions:
(a) whether Orchard has complied with its obligations under Clause 6; and if not
(b) what specific action Orchard should take (“Specific Action”) in order to remedy such non-compliance.
6.7.2 If any Party does not accept the expert’s decision that Party shall have [***] to commence court proceedings in respect of the subject matter of the disagreement. If any Party commences such proceedings within the [***] period, the expert’s decision will not be binding on the Parties as to whether or not Orchard has complied with its obligations under Clause 6 and what action Orchard should take in order to remedy such non-compliance. If no Party refers the dispute that has been determined by the expert to a Court action within the [***] period, or all Parties to the disagreement confirm their acceptance of the expert’s decision, then the expert’s decision shall become binding on the Parties to the disagreement who hereby undertake to comply with the expert’s decision. Where the matter is referred to a Court action, the Court action will be an entirely new action as to the allegation of non-compliance by Orchard, and shall not be an appeal of the expert’s decision nor shall any questions of estoppel be raised by virtue of the expert’s decision.
Referral to Expert. If UCD reasonably considers on the basis of the Report that Licensee has, without legitimate reason having put Licensee on notice that it considers Licensee to have failed to comply with its obligations pursuant to Clause 5.1 and/or 5.2 and given Licensee reasonable time to address UCD’s concerns, failed to comply with its obligations pursuant to Clause 5.1 and/or 5.2, UCD shall be entitled to refer the following questions to an Expert (as defined in Schedule 3):
5.6.1 whether taking into account the provisions of Clause 5 and Schedule 2 the Licensee has complied with its obligations pursuant to Clause 5.1 and/or Clause 5.2 (as the case may be); and if not
5.6.2 what specific action the Licensee should have taken (Specific Action) in order to have so complied.
