Common use of Selection of the Accountant Clause in Contracts

Selection of the Accountant. In the event that Seller and Buyer are unable to resolve in writing any of Seller’s objections in the Notice of Objection within the thirty (30) day period (or such longer period as may be agreed by Buyer and Seller) after the delivery of such Notice of Objection, the resolution of all of such unresolved objections (“Disputed Items”) shall be submitted to Xxxxx Xxxxxxxx LLP (or such other accounting firm of recognized national standing in the United States as may be mutually selected by Buyer and Seller) which shall resolve such objections and determine the Final Cash Consideration. If, within fifteen (15) days of the end of the thirty (30) day period, Xxxxx Xxxxxxxx LLP is not willing and able to serve in such capacity and Buyer and Seller otherwise fail to appoint an alternative accounting firm mutually selected by Buyer and Seller, then Seller shall deliver to Buyer a list of three (3) independent accounting firms of recognized national standing in the United States and Buyer shall select one of such three accounting firms (such firm ultimately selected pursuant to the aforementioned procedures being the “Accountant”). Seller and Buyer shall execute any agreement reasonably required by the Accountant for its engagement hereunder.

Selection of the Accountant. In the event that Seller and Buyer are unable to resolve in writing any of Seller’s objections in the Notice of Objection within the thirty (30) day period (or such longer period as may be agreed by Buyer Xxxxx and Seller) after the delivery of such Notice of Objection, the resolution of all of such unresolved objections (“Disputed Items”) shall be submitted to Xxxxx Xxxxxxxx LLP (or such other accounting firm of recognized national standing in the United States as may be mutually selected by Buyer Xxxxx and Seller) which shall resolve such objections and determine the Final Cash Consideration. If, within fifteen (15) days of the end of the thirty (30) day period, Xxxxx Xxxxxxxx LLP is not willing and able to serve in such capacity and Buyer and Seller otherwise fail to appoint an alternative accounting firm mutually selected by Buyer Xxxxx and Seller, then Seller shall deliver to Buyer a list of three (3) independent accounting firms of recognized national standing in the United States and Buyer shall select one of such three accounting firms (such firm ultimately selected pursuant to the aforementioned procedures being the “Accountant”). Seller and Buyer Xxxxx shall execute any agreement reasonably required by the Accountant for its engagement hereunder.

Selection of the Accountant. In the event that the Buyer and the Seller and Buyer are unable to resolve in writing any all of the Seller’s objections in the Notice of Objection within the thirty (30) day period (or such longer period as may be agreed by the Buyer and the Seller) after following the delivery of such Notice of Objection, the resolution of all of such unresolved objections items (“Disputed Items”) shall be submitted to Xxxxx Xxxxxxxx LLP (or such other an independent accounting firm of recognized national standing in the United States as may be mutually selected by the Buyer and Seller) which shall the Seller to resolve such objections any remaining disagreements and determine the Final Cash Consideration. If, within fifteen If (15A) days of the end of the thirty (30) day period, Xxxxx Xxxxxxxx LLP such mutually selected accounting firm is not willing and able to serve in such capacity and or (B) the Buyer and the Seller otherwise fail to appoint an alternative accounting firm mutually selected by Buyer and Sellerpursuant to the immediately preceding sentence within ten (10) Business Days after the expiration of the resolution period set forth in the immediately preceding sentence, then the Seller shall deliver to the Buyer a list of three (3) independent other accounting firms of recognized national standing in and the United States and Buyer shall select one (1) of such three (3) accounting firms (such firm as is ultimately selected pursuant to the aforementioned procedures being the “Accountant”). The Seller and the Buyer shall execute any agreement reasonably required by the Accountant for its engagement hereunder.