Common use of Resolution of Claims and Disputes Clause in Contracts

Resolution of Claims and Disputes. If any dispute arises out of or in connection with this Agreement, the Parties shall submit the matter to be resolved in accordance with the procedures as described in the remainder of Clause 14 or as described in Clause 15 below. Where a matter arises under this Agreement that is to be referred to and determined by an Expert or if the Parties agree that such matter shall be referred to an Expert for determination, such matter shall be determined bilaterally between the Parties to this Agreement unless IUK: (a) reasonably determines or is notified by one or more Shipper(s) (and IUK agrees with the Shipper(s)) that the matter which is to be referred to and determined by an Expert is a matter where the outcome is of common interest to one or more Shippers; and (b) notifies all such Shippers in writing to such effect before the matter has been referred to an Expert for determination; then in such case that matter shall be referred and determined by the same Expert as part of one and the same expert determination procedure with all such Shippers. The process described below shall apply to a matter to be determined by an Expert: (a) an Expert (who shall be a person qualified by education, experience and training and who shall have no conflict of interest) shall be appointed to determine the matter in dispute. He shall be appointed by IUK after obtaining the agreement to the appointee from at least fifty percent (50%) of the Shippers who are party to the relevant dispute. If the parties to the dispute have failed to agree on an Expert within fifteen (15) days, then an Expert shall be appointed by the London Court of International Arbitration, London; (b) the parties to the dispute shall promptly provide the Expert with all information (written or oral) and other evidence which is reasonably required for the determination; (c) the Expert shall initially produce his decision in draft form and shall circularise his draft decision to the Parties, who shall have a period of twenty eight (28) days in which to revert to the Expert with comments as to matters of fact (but not further or otherwise). As soon as possible after the expiry of such period of twenty eight (28) days the Expert (taking account of such, if any, of the comments of the parties to the dispute as to matters of fact as he in his sole discretion may see fit) shall finalise and render his decision (which shall be in writing in the English language and shall contain the full reasons in support of the decision), and such decision (save for any manifest error or fraud) shall be final and binding on all the parties to the dispute. The Expert shall be deemed not to act as an arbitrator, but shall render any decision as an Expert; (d) the costs and expenses of the Expert shall be shared equally between the parties to the dispute; (e) the parties to the dispute shall procure that the Expert shall sign an undertaking to be bound by the terms as to confidentiality contained in Clause 10 above.

Resolution of Claims and Disputes. If any dispute arises out of or in connection with this Agreement, the Parties shall submit the matter to be resolved in accordance with the procedures as described in the remainder of Clause 14 13 or as described in Clause 15 14 below. Where a matter arises under this Agreement that is to be referred to and determined by an Expert or if the Parties agree that such matter shall be referred to an Expert for determination, such matter shall be determined bilaterally between the Parties to this Agreement unless If IUK: (a) reasonably determines or is notified by one or more Shipper(s) the IAA Shipper (and IUK agrees with the Shipper(s)IAA Shipper) that the any matter which is to be referred to and determined by an Expert is a matter where the outcome is of common interest to more than one or more of the IAA Shippers; and (b) notifies all such IAA Shippers in writing to such effect before the matter has been referred to an Expert for determination; then in such case that matter shall be treated as a matter which is to be referred and determined by the same Expert as part of one and the same expert determination procedure with all such Shippersas set out in clause 13.3 below. The process described below shall apply to a Where (nevertheless) any matter is to be determined by an Expert or the Parties agree that any particular matter shall be so determined by an Expert, then the process described below shall apply: (a) an Expert (who shall be a person qualified by education, experience and training and who shall have no conflict of interest) shall be appointed to determine the matter in dispute. He shall be appointed by IUK after obtaining the agreement to the appointee from at least fifty percent (50%) of the IAA Shippers who are party to the relevant dispute. If the parties to the dispute Parties have failed to agree on an Expert within fifteen (15) days, then an Expert shall be appointed by the London Court of International Arbitration, London; (b) the parties to the dispute Parties shall promptly provide the Expert with all information (written or oral) and other evidence which is reasonably required for the determination; (c) the Expert shall initially produce his decision in draft form and shall circularise his draft decision to the Parties, who shall have a period of twenty twenty-eight (28) days in which to revert to the Expert with comments as to matters of fact (but not further or otherwise). As soon as possible after the expiry of such period of twenty twenty-eight (28) days the Expert (taking account of such, if any, of the comments of the parties to the dispute Parties as to matters of fact as he in his sole discretion may see fit) shall finalise and render his decision (which shall be in writing in the English language and shall contain the full reasons in support of the decision), and such decision (save for any manifest error or fraud) shall be final and binding on all the parties to the disputeParties. The Expert shall be deemed not to act as an arbitrator, but shall render any decision as an Expert; (d) the costs and expenses of the Expert shall be shared equally between the parties to the disputeParties; (e) the parties to the dispute Parties shall procure that the Expert shall sign an undertaking to be bound by the terms as to confidentiality contained in Clause 10 9 above.

Resolution of Claims and Disputes. 14.1 If any dispute arises out of or in connection with this Agreement, the Parties shall submit the matter to be resolved in accordance with the procedures as described in the remainder of Clause 14 or as described in Clause 15 below. . 14.2 Where a matter arises under this Agreement that is to be referred to and determined by an Expert or if the Parties agree that such matter shall be referred to an Expert for determination, such matter shall be determined bilaterally between the Parties to this Agreement unless IUK: (a) reasonably determines or is notified by one or more Shipper(s) (and IUK agrees with the Shipper(s)) that the matter which is to be referred to and determined by an Expert is a matter where the outcome is of common interest to one or more Shippers; and (b) notifies all such Shippers in writing to such effect before the matter has been referred to an Expert for determination; then in such case that matter shall be referred and determined by the same Expert as part of one and the same expert determination procedure with all such Shippers. . 14.3 The process described below shall apply to a matter to be determined by an Expert: (a) an Expert (who shall be a person qualified by education, experience and training and who shall have no conflict of interest) shall be appointed to determine the matter in dispute. He shall be appointed by IUK after obtaining the agreement to the appointee from at least fifty percent (50%) of the Shippers who are party to the relevant dispute. If the parties to the dispute have failed to agree on an Expert within fifteen (15) days, then an Expert shall be appointed by the London Court of International Arbitration, London; (b) the parties to the dispute shall promptly provide the Expert with all information (written or oral) and other evidence which is reasonably required for the determination; (c) the Expert shall initially produce his decision in draft form and shall circularise his draft decision to the Parties, who shall have a period of twenty eight (28) days in which to revert to the Expert with comments as to matters of fact (but not further or otherwise). As soon as possible after the expiry of such period of twenty eight (28) days the Expert (taking account of such, if any, of the comments of the parties to the dispute as to matters of fact as he in his sole discretion may see fit) shall finalise and render his decision (which shall be in writing in the English language and shall contain the full reasons in support of the decision), and such decision (save for any manifest error or fraud) shall be final and binding on all the parties to the dispute. The Expert shall be deemed not to act as an arbitrator, but shall render any decision as an Expert; (d) the costs and expenses of the Expert shall be shared equally between the parties to the dispute; (e) the parties to the dispute shall procure that the Expert shall sign an undertaking to be bound by the terms as to confidentiality contained in Clause 10 above.

Resolution of Claims and Disputes. If any dispute arises out of or in connection with this Agreement, the Parties shall submit the matter to be resolved in accordance with the procedures as described in the remainder of Clause 13.2 or Clause 14 or as described in Clause 15 below. Where a matter arises under this Agreement that is to be referred to and determined by an Expert or if the Parties agree that such matter shall be referred to an Expert for determination, such matter shall be determined bilaterally between the Parties to this Agreement unless If IUK: (a) reasonably determines or is notified by one or more Shipper(s) (and IUK agrees with the Shipper(s)) that the any matter which is to be referred to and determined by an Expert is a matter where the outcome is of common interest to more than one or more of the IAA Shippers; and (b) notifies all such IAA Shippers in writing to such effect before the matter has been referred to an Expert for determination; then in such case that matter shall be treated as a matter which is to be referred and determined by the same Expert as part of one and the same expert determination procedure with all such Shippersprocedure. The process described below shall apply to a Where (nevertheless) any matter is to be determined by an Expert or the Parties agree that any particular matter shall be so determined by an Expert, then the process described below shall apply: (a) an An Expert (who shall be a person qualified by education, experience and training and who shall have no conflict of interest) shall be appointed to determine the matter in dispute. He shall be appointed by IUK after obtaining the agreement to the appointee from at least fifty percent (50%) of the IAA Shippers who are party to the relevant dispute. If the parties to the dispute Parties have failed to agree on an Expert within fifteen (15) days, then an Expert shall be appointed by the London Court of International Arbitration, London; (b) the parties to the dispute The Parties shall promptly provide the Expert with all information (written or oral) and other evidence which is reasonably required for the determination; (c) the The Expert shall initially produce his decision in draft form and shall circularise his draft decision to the Parties, who shall have a period of twenty twenty-eight (28) days in which to revert to the Expert with comments as to matters of fact (but not further or otherwise). As soon as possible after the expiry of such period of twenty twenty-eight (28) days the Expert (taking account of such, if any, of the comments of the parties to the dispute Parties as to matters of fact as he in his sole discretion may see fit) shall finalise and render his decision (which shall be in writing in the English language and shall contain the full reasons in support of the decision), and such decision (save for any manifest error or fraud) shall be final and binding on all the parties to the disputeParties. The Expert shall be deemed not to act as an arbitrator, but shall render any decision as an Expert; (d) the The costs and expenses of the Expert shall be shared equally between the parties to the disputeParties; (e) the parties to the dispute The Parties shall procure that the Expert shall sign an undertaking to be bound by the terms as to confidentiality contained in Clause 10 above9 of this IUK Access Agreement.

Resolution of Claims and Disputes. If any dispute arises out of or in connection with this Agreement, the Parties shall submit the matter to be resolved in accordance with the procedures as described in the remainder of Clause 14 or as described in Clause 15 below. Where a matter arises under this Agreement that is to be referred to and determined by an Expert or if the Parties agree that such matter shall be referred to an Expert for determination, such matter shall be determined bilaterally between the Parties to this Agreement unless IUKInterconnector: (a) reasonably determines or is notified by one or more Shipper(s) (and IUK Interconnector agrees with the Shipper(s)) that the matter which is to be referred to and determined by an Expert is a matter where the outcome is of common interest to one or more Shippers; and (b) notifies all such Shippers in writing to such effect before the matter has been referred to an Expert for determination; then in such case that matter shall be referred and determined by the same Expert as part of one and the same expert determination procedure with all such Shippers. The process described below shall apply to a matter to be determined by an Expert: (a) an Expert (who shall be a person qualified by education, experience and training and who shall have no conflict of interest) shall be appointed to determine the matter in dispute. He shall be appointed by IUK Interconnector after obtaining the agreement to the appointee from at least fifty percent (50%) of the Shippers who are party to the relevant dispute. If the parties to the dispute have failed to agree on an Expert within fifteen (15) days, then an Expert shall be appointed by the London Court of International Arbitration, London; (b) the parties to the dispute shall promptly provide the Expert with all information (written or oral) and other evidence which is reasonably required for the determination; (c) the Expert shall initially produce his decision in draft form and shall circularise his draft decision to the Parties, who shall have a period of twenty eight (28) days in which to revert to the Expert with comments as to matters of fact (but not further or otherwise). As soon as possible after the expiry of such period of twenty eight (28) days the Expert (taking account of such, if any, of the comments of the parties to the dispute as to matters of fact as he in his sole discretion may see fit) shall finalise and render his decision (which shall be in writing in the English language and shall contain the full reasons in support of the decision), and such decision (save for any manifest error or fraud) shall be final and binding on all the parties to the dispute. The Expert shall be deemed not to act as an arbitrator, but shall render any decision as an Expert; (d) the costs and expenses of the Expert shall be shared equally between the parties to the dispute; (e) the parties to the dispute shall procure that the Expert shall sign an undertaking to be bound by the terms as to confidentiality contained in Clause 10 above.

Resolution of Claims and Disputes. 15.1 If any dispute arises out of or in connection with this Agreement, the Parties shall submit the matter to be resolved in accordance with the procedures as described in the remainder of Clause 14 15 or as described in Clause 15 16 below. . 15.2 Where a matter arises under this Agreement that is to be referred to and determined by an Expert or if the Parties agree that such matter shall be referred to an Expert for determination, such matter shall be determined bilaterally between the Parties to this Agreement unless IUK: (a) Interconnector: reasonably determines or is notified by one or more Shipper(s) (and IUK Interconnector agrees with the Shipper(s)) that the matter which is to be referred to and determined by an Expert is a matter where the outcome is of common interest to one or more Shippers; and (b) and notifies all such Shippers in writing to such effect before the matter has been referred to an Expert for determination; then in such case that matter shall be referred and determined by the same Expert as part of one and the same expert determination procedure with all such Shippers. The process described below shall apply to . 15.3 Where a matter is referred to be determined by an Expert: (a) , such Expert shall be appointed in accordance with the following: Interconnector shall appoint an Expert (who shall be a person qualified by education, experience and training and who shall have no conflict of interest) shall be appointed to determine the matter in dispute. He shall be appointed by IUK after obtaining the agreement to the appointee from at least fifty percent (50%) of the Shippers who are party to the relevant dispute. If the parties to the dispute have failed to agree on an Expert within fifteen (15) days, then an Expert shall be appointed by the London Court of International Arbitration, London;; When the Expert has been appointed, the most interested Party shall notify such Expert within five (5) Business Days of his/her appointment and request him/her in writing to indicate, within five (5) Business Days of the mailing date of the notification of his/her appointment, whether he/she is willing and able to accept the appointment; Any person appointed as an Expert shall, before accepting such appointment, fully disclose any interest or duty that he/she has or would have that conflicts or might conflict with his/her position under such appointment. The Expert shall also disclose any such interest or duty that has arisen at any time prior to making his/her decision pursuant to such appointment, always bearing in mind that no person may be appointed as an Expert if, at the time of appointment, she/he is an employee, appointee or representative of any of the Parties or of any Related Persons or of any company in which any of the Parties has a direct material financial interest; If for any reason such Expert does not or cannot accept his/her appointment within the aforesaid period of five (5) Business Days, then the matter shall be referred again (by any Party) to the London Court of International Arbitration in London to appoint the Expert. This procedure shall be repeated until an Expert is found who accepts the appointment. (b) 15.4 Once an Expert is determined in accordance with Clause 15.3 above, the process described below shall apply to a matter to be determined by an Expert: the parties to the dispute shall promptly provide the Expert with all information (written or oral) and other evidence which is reasonably required for the determination; (c) . The Expert may make any other requests and require any other evidence as deemed necessary to prepare a report on the matter. The proceedings will be conducted in English. All evidence and information submitted to the Expert by one Party shall also be provided to the other Party; the Expert shall initially produce his decision in draft form and shall circularise his draft decision to the Parties, who shall have a period of twenty eight (28) calendar days in which to revert to the Expert with comments as to matters of fact (but not further or otherwise). As soon as possible after the expiry of such period of twenty eight (28) calendar days the Expert (taking account of such, if any, of the comments of the parties to the dispute as to matters of fact as he he/she in his sole discretion may see fit) shall finalise and render his decision (which shall be in writing in the English language and shall contain the full reasons in support of the decision), within three (3) months as of the notification date of the acceptance of his/her appointment unless otherwise agreed by the Parties to the dispute, and such decision (save for any manifest error or fraud) shall be final and binding on all the parties Parties to the dispute. The Expert shall be deemed not to act as an arbitrator, but shall render any decision as an Expert;; If, without justification, the Expert does not produce a final version of his/her decision ruling on the dispute within three (3) months from the notification date of his/her acceptance of his/her appointment unless otherwise agreed between Parties, the most interested Party may request the appointment of a new Expert in accordance with the procedure set out in Clause 15.3. (d) the 15.5 The costs and expenses of the Expert shall be shared equally between the parties to the dispute; (e) the 15.6 The parties to the dispute shall procure that the Expert shall sign an undertaking to be bound by the terms as to confidentiality contained in Clause 10 above.of this Appendix A.

Resolution of Claims and Disputes. 14.1 If any dispute arises out of or in connection with this Interconnector Storage Services Agreement, the Parties shall submit the matter to be resolved in accordance with the procedures as described in the remainder of Clause 14 or as described in Clause 15 below. . 14.2 Where a matter arises under this Interconnector Storage Services Agreement that is to be referred to and determined by an Expert or if the Parties agree that such matter shall be referred to an Expert for determination, such matter shall be determined bilaterally between the Parties to this Interconnector Storage Services Agreement unless IUKInterconnector: (a) reasonably determines or is notified by one or more Shipper(sother Storage User(s) (and IUK Interconnector agrees with the Shipper(sStorage User(s)) that the matter which is to be referred to and determined by an Expert is a matter where the outcome is of common interest to one or more ShippersStorage Users; and (b) notifies all such Shippers Storage Users in writing to such effect before the matter has been referred to an Expert for determination; then in such case that matter shall be referred and determined by the same Expert as part of one and the same expert determination procedure with all such Shippers. Storage Users. 14.3 The process described below shall apply to a matter to be determined by an Expert: (a) an Expert (who shall be a person qualified by education, experience and training and who shall have no conflict of interest) shall be appointed to determine the matter in dispute. He shall be appointed by IUK Interconnector after obtaining the agreement to the appointee from at least fifty percent (50%) of the Shippers Storage Users who are party to the relevant dispute. If the parties to the dispute have failed to agree on an Expert within fifteen (15) days, then an Expert shall be appointed by the London Court of International Arbitration, London; (b) the parties to the dispute shall promptly provide the Expert with all information (written or oral) and other evidence which is reasonably required for the determination; (c) the Expert shall initially produce his decision in draft form and shall circularise his draft decision to the Parties, who shall have a period of twenty eight (28) days in which to revert to the Expert with comments as to matters of fact (but not further or otherwise). As soon as possible after the expiry of such period of twenty eight (28) days the Expert (taking account of such, if any, of the comments of the parties to the dispute as to matters of fact as he in his sole discretion may see fit) shall finalise and render his decision (which shall be in writing in the English language and shall contain the full reasons in support of the decision), and such decision (save for any manifest error or fraud) shall be final and binding on all the parties to the dispute. The Expert shall be deemed not to act as an arbitrator, but shall render any decision as an Expert; (d) the costs and expenses of the Expert shall be shared equally between the parties to the dispute; (e) the parties to the dispute shall procure that the Expert shall sign an undertaking to be bound by the terms as to confidentiality contained in Clause 10 above.

Resolution of Claims and Disputes. If any dispute arises out of or in connection with this Agreement, the Parties shall submit the matter to be resolved in accordance with the procedures as described in the remainder of Clause 14 or as described in Clause 15 below. Where a matter arises under this Agreement that is to be referred to and determined by an Expert or if the Parties agree that such matter shall be referred to an Expert for determination, such matter shall be determined bilaterally between the Parties to this Agreement unless IUKInterconnector: (a) reasonably determines or is notified by one or more Shipper(s) (and IUK Interconnector agrees with the Shipper(s)) that the matter which is to be referred to and determined by an Expert is a matter where the outcome is of common interest to one or more Shippers; and (b) notifies all such Shippers in writing to such effect before the matter has been referred to an Expert for determination; then in such case that matter shall be referred and determined by the same Expert as part of one and the same expert determination procedure with all such Shippers. The process described below shall apply to a matter to be determined by an Expert: (a) an Expert (who shall be a person qualified by education, experience and training and who shall have no conflict of interest) shall be appointed to determine the matter in dispute. He shall be appointed by IUK Interconnector after obtaining the agreement to the appointee from at least fifty percent (50%) of the Shippers who are party to the relevant dispute. If the parties to the dispute have failed to agree on an Expert within fifteen (15) days, then an Expert shall be appointed by the London Court of International Arbitration, London; (b) the parties to the dispute shall promptly provide the Expert with all information (written or oral) and other evidence which is reasonably required for the determination; (c) the Expert shall initially produce his decision in draft form and shall circularise his draft decision to the Parties, who shall have a period of twenty eight (28) days in which to revert to the Expert with comments as to matters of fact (but not further or otherwise). As soon as possible after the expiry of such period of twenty eight (28) days the Expert (taking account of such, if any, of the comments of the parties to the dispute as to matters of fact as he in his sole discretion may see fit) shall finalise and render his decision (which shall be in writing in the English language and shall contain the full reasons in support of the decision), and such decision (save for any manifest error or fraud) shall be final and binding on all the parties to the dispute. The Expert shall be deemed not to act as an arbitrator, but shall render any decision as an Expert; (d) the costs and expenses of the Expert shall be shared equally between the parties to the dispute; (e) the parties to the dispute shall procure that the Expert shall sign an undertaking to be bound by the terms as to confidentiality contained in Clause 10 9 above.

Resolution of Claims and Disputes. If any dispute arises out of or in connection with this Agreement, the Parties shall submit the matter to be resolved in accordance with the procedures as described in the remainder of Clause 14 13 or as described in Clause 15 14 below. Where a matter arises under this Agreement that is to be referred to and determined by an Expert or if the Parties agree that such matter shall be referred to an Expert for determination, such matter shall be determined bilaterally between the Parties to this Agreement unless If IUK: (a) reasonably determines or is notified by one or more the IAA Shipper(s) (and IUK agrees with the IAA Shipper(s)) that the any matter which is to be referred to and determined by an Expert is a matter where the outcome is of common interest to more than one or more of the IAA Shippers; and (b) notifies all such IAA Shippers in writing to such effect before the matter has been referred to an Expert for determination; then in such case that matter shall be treated as a matter which is to be referred and determined by the same Expert as part of one and the same expert determination procedure with all such ShippersIAA Shippers as set out in clause 13.3 below. The Where (nevertheless) any matter is to be determined by an Expert or the Parties agree that any particular matter shall be so determined by an Expert, then Tthe process described below shall apply to a matter to be determined by an Expert: (a) an Expert (who shall be a person qualified by education, experience and training and who shall have no conflict of interest) shall be appointed to determine the matter in dispute. He shall be appointed by IUK after obtaining the agreement to the appointee from at least fifty percent (50%) of the IAA Shippers who are party to the relevant dispute. If the parties pParties to the dispute have failed to agree on an Expert within fifteen (15) days, then an Expert shall be appointed by the London Court of International Arbitration, London; (b) the parties pParties to the dispute shall promptly provide the Expert with all information (written or oral) and other evidence which is reasonably required for the determination; (c) the Expert shall initially produce his decision in draft form and shall circularise his draft decision to the Parties, who shall have a period of twenty eight -eight (28) days in which to revert to the Expert with comments as to matters of fact (but not further or otherwise). As soon as possible after the expiry of such period of twenty eight -eight (28) days the Expert (taking account of such, if any, of the comments of the parties pParties to the dispute as to matters of fact as he in his sole discretion may see fit) shall finalise and render his decision (which shall be in writing in the English language and shall contain the full reasons in support of the decision), and such decision (save for any manifest error or fraud) shall be final and binding on all the parties pParties to the dispute. The Expert shall be deemed not to act as an arbitrator, but shall render any decision as an Expert; (d) the costs and expenses of the Expert shall be shared equally between the parties pParties to the dispute; (e) the parties pParties to the dispute shall procure that the Expert shall sign an undertaking to be bound by the terms as to confidentiality contained in Clause 10 9 above.

Resolution of Claims and Disputes. If any dispute arises out of or in connection with this Agreement, the Parties shall submit the matter to be resolved in accordance with the procedures as described in the remainder of Clause 14 13 or as described in Clause 15 14 below. Where a matter arises under this Agreement that is to be referred to and determined by an Expert or if the Parties agree that such matter shall be referred to an Expert for determination, such matter shall be determined bilaterally between the Parties to this Agreement unless IUK: (a) reasonably determines or is notified by one or more IAA Shipper(s) (and IUK agrees with the IAA Shipper(s)) that the matter which is to be referred to and determined by an Expert is a matter where the outcome is of common interest to one or more IAA Shippers; and (b) notifies all such IAA Shippers in writing to such effect before the matter has been referred to an Expert for determination; then in such case that matter shall be referred and determined by the same Expert as part of one and the same expert determination procedure with all such IAA Shippers. The process described below shall apply to a matter to be determined by an Expert: (a) an Expert (who shall be a person qualified by education, experience and training and who shall have no conflict of interest) shall be appointed to determine the matter in dispute. He shall be appointed by IUK after obtaining the agreement to the appointee from at least fifty percent (50%) of the IAA Shippers who are party to the relevant dispute. If the parties to the dispute have failed to agree on an Expert within fifteen (15) days, then an Expert shall be appointed by the London Court of International Arbitration, London; (b) the parties to the dispute shall promptly provide the Expert with all information (written or oral) and other evidence which is reasonably required for the determination; (c) the Expert shall initially produce his decision in draft form and shall circularise his draft decision to the Parties, who shall have a period of twenty eight (28) days in which to revert to the Expert with comments as to matters of fact (but not further or otherwise). As soon as possible after the expiry of such period of twenty eight (28) days the Expert (taking account of such, if any, of the comments of the parties to the dispute as to matters of fact as he in his sole discretion may see fit) shall finalise and render his decision (which shall be in writing in the English language and shall contain the full reasons in support of the decision), and such decision (save for any manifest error or fraud) shall be final and binding on all the parties to the dispute. The Expert shall be deemed not to act as an arbitrator, but shall render any decision as an Expert; (d) the costs and expenses of the Expert shall be shared equally between the parties to the dispute; (e) the parties to the dispute shall procure that the Expert shall sign an undertaking to be bound by the terms as to confidentiality contained in Clause 10 9 above.