Technical Dispute. Technical Disputes shall be resolved by a mutually agreed upon independent expert. For the purposes of this Agreement, a “Technical Dispute” shall mean a Dispute regarding whether the System conforms to the Industry Standards and applicable Building Codes, whether the relevant part of the Site where the System is located meets the required Site characteristics, and any other Disputes of a technical or engineering nature. All Technical Disputes shall be resolved on an accelerated basis by a nationally recognized professional expert unless otherwise agreed in writing by Contractor and District. Parties will share equally in the cost of the independent expert engaged to resolve Technical Disputes.
Technical Dispute. For the purposes of this Schedule, a “Technical Dispute” is defined as any Dispute which the Parties agree is best resolved by referring the Dispute to an independent fact finder with expertise in the subject matter of the Dispute (“Expert”). All Technical Disputes will be submitted to administered expert proceedings in accordance with the Rules for the Administration of Expert Proceedings of the International Chamber of Commerce (“ICC”) in effect at the time of the referral. The Parties shall agree on the Expert; provided, however, that if the Parties do not reach agreement on the Expert within fifteen (15) days of the submission to the ICC, or such further period as the Parties shall agree in writing, the Expert shall be appointed by the ICC. As part of any determination (“Expert Determination”), the Expert shall apportion the costs of the Technical Dispute on the basis of the principle that the unsuccessful Party should pay the reasonable and properly documented costs and expenses of the successful Party.
Technical Dispute. For the purposes of this Schedule A, a “Technical Dispute” is defined as any Dispute which the parties agree is best resolved by referring the Dispute to an independent fact finder with expertise in the subject matter of the Dispute (“Expert”). All Technical Disputes shall be resolved by alternative dispute resolution as follows:
(a) Either party shall be entitled to provide written notice to the other party that such party is initiating Technical Dispute resolution in accordance with this Section 1.05, such notice to describe in reasonable detail the nature and specifics of the Technical Dispute. The matter to be arbitrated shall be submitted to an independent Expert for resolution pursuant to this Section 1.05. An independent Expert shall be an Expert who has not rendered any services to either party within the previous five (5) year time period. EXECUTION VERSION
(b) In the event UCC and RS&T are unable to agree on an independent Expert, UCC, on the one hand, and RS&T, on the other hand, will each appoint one independent Expert and the two independent Experts so appointed will appoint a third independent Expert and the three independent Experts so appointed will resolve such matter by majority decision. UCC and RS&T shall each present to the independent Expert(s), with a simultaneous copy to the other party, a single written statement of its position on the Technical Dispute in question, together with a copy of this Agreement and any supporting material that such party desires to furnish, not later than the tenth (10th) Business Day after appointment of the independent Expert(s) . In making their determination, the independent Expert(s) shall be bound by the terms of this Agreement and, without any additional or supplemental submittals by either party, may consider available legal and industry matters as in their opinion are necessary or appropriate to make a proper determination. By the ninetieth (90th) day following the submission of the matter to the independent Expert(s), applying the principles set forth in this Section 1 .05(b), the independent Expert(s) shall make a determination of the matter submitted. The decision of the independent Expert(s) shall be in writing and, subject to the provisions of Section 1.06 hereof, shall be conclusive and binding on UCC and RS&T and shall be enforceable against the parties in any court of competent jurisdiction. The independent Expert(s) shall apportion the costs and expenses of the Technical Dispute resoluti...
Technical Dispute. If there is a dispute over any work performed under this Agreement, including the scope or accuracy of the Inspection Report, or the sufficiency of the Post-Construction Repairs performed by XXXX or the NEMO Parties, then the Parties shall make a good faith effort to resolve the dispute through negotiation. If negotiation efforts are unsuccessful or upon written demand by either Party, the Parties shall, within 21 calendar days select an independent civil engineering firm that regularly practices and has experience in roadway construction and design standards in Missouri and is mutually acceptable to both Parties (“Neutral Engineer”). The Parties and the Neutral Engineer shall promptly agree to procedures for submitting information to the Neutral Engineer and for an on-site inspection (if needed) by the Neutral Engineer. The Neutral Engineer shall complete its review and inspection within 30 calendar days after engagement by the Parties and issue a non-binding written report of its findings. NEMO shall pay the reasonable fees of the Neutral Engineer in performing its review and inspection. If the Parties are unable to resolve the dispute using the procedures in Section 8, either Party may initiate litigation in the [Circuit Court of Xxxx County, Missouri]. Nothing in this Section 8.1 shall be construed as a waiver by either Party of its right to bring a claim against the other Party in law or in equity.
Technical Dispute a Dispute of a technical nature arising under or in relation to this Agreement, including Disputes in relation to: 1 the passing of the Tests in accordance with Schedule 6 by the Facility or Generating Unit; 2 measurements as to quantity made by the Site Meters for the purposes of clause 15; or 3 any other Dispute which, under this Agreement, is to be referred to the Independent Expert for determination under clause 31. Termination Costs is defined in section 1 of Schedule 14. Termination Notice is defined in clause 23.1(a)(1)(B). Termination Payment any Purchase Price plus or minus any applicable Termination Costs payable under clause 23 and determined in accordance with Schedule 14. Test Verification Certificate a certificate from a Testing Expert that the Commercial Operation Tests have been successfully passed in accordance with the requirements of Schedule 6. Testing Expert the expert that is as approved by the Buyer in accordance with clause 11.5(b). Tests the tests for each Generating Unit and the Facility set out in Schedule 6 that must be passed by the Facility in order for the Commercial Operation Date to occur. Third Party Sale Period is defined in clause 24.4(a). Transfer is defined in clause 33.1. Transferee is defined in clause 33.1. UA and CSA Direct Agreement the direct agreement to be entered into by NREA, the Seller (as “User”) and the security agent for the Financing Parties which sets out each party’s rights and obligations in relation to the Usufruct Agreement and the Cost Sharing Agreement. Uninsurable Risk 1 insurance required pursuant to clause 26 is not available from an insurer with a current Standard & Poors rating of not less than A- or a similar rating from another recognised insurance rating agency (or such other rating as is agreed with the Buyer from time to time) in the Arab Republic of Egypt or international insurance market in respect of that type of risk; or Term Meaning 2 the insurance premium payable for insuring that risk is at such a level or the terms and conditions (including excesses or deductibles and premiums) are such that the risk is not generally being insured against by providers of facilities similar to the Facility. US$ United States Dollars. Usufruct Agreement the usufruct agreement between NREA and the Seller (as “User”), where NREA allows the Seller to construct the Facility on the Site and sell Electricity to the Buyer. Week 7 Days starting from 00:00 Friday and ending at 24:00 the following Thursday. ...
Technical Dispute. (a) If the dispute in the notice given under clause 8.1 is a technical dispute, andthe Parties fail to reach agreement within 20 Business Days of the date on which the Parties’ representatives meet pursuant to clause 8.2(b), the technical dispute will be referred for independent expert determination.
(b) If the Parties cannot agree whether the dispute is a technical dispute then the matter will be referred for independent expert determination as to the nature of the dispute.
Technical Dispute. (a) In the event of any Dispute solely regarding any technical matter arising out of, or relating to or in connection with the operation of the Vessel (a Technical Dispute), or if any Dispute concerns the Operating Cost Component (an Operating Cost Dispute) (to the extent that the Parties agree that it is a Technical Dispute or an Operating Cost Dispute), and the parties are unable to negotiate a settlement of that Technical Dispute or Operating Cost Dispute within 15 Business Days of the date of the notice of the Dispute (or such further period as is agreed in writing between the parties before the expiry of the 15 Business Day period) any Party may refer the Technical Dispute or Operating Cost Dispute to an independent expert (the Expert) for the Expert's determination in accordance with the following provisions of this Clause 65.2 or to arbitration in accordance with Clauses 65.3 and 65.4 and Schedule 3. In any other case, the Dispute shall be resolved in accordance with Clauses 65.3 and 65.4 and Schedule 3.
(b) Promptly following the first time that a Technical Dispute or an Operating Cost Dispute arises that is not otherwise resolved under Clause 65.2(a), the Parties shall agree on the appointment of the Expert and shall agree with the Expert the terms of his appointment. Either Party shall serve details of a suggested Expert on the other. If the Parties are unable to agree on the identity of the Expert, or if the person proposed is unable or unwilling to act, then, within I 0 Business Days of a Party serving details of a suggested Expert on the other or the proposed Expert declining to act, any Party shall be entitled to request that an Expert be appointed by the Institute of Chartered Accountants (in the case of an Operating Cost Dispute) or the President of the Royal Institution of Naval Architects of London (in the case of a Teclmical Dispute) on the application of a Party. All costs of and associated with the request for the appointment of an Expert by the Institute/President as applicable shall be home equally by the Parties. 84 The Expert appointed shall be generally recognised as an expert in technical, engineering or operational matters relating to this Charter. The Expert shall act as an expert not an arbitrator (the Technical Expert).
(c) The Technical Expert shall decide the procedure to be followed in the determination in accordance with this agreement and shall be entitled to require the Parties to produce to him, within such period as h...
Technical Dispute. All Disputes of a purely technical nature (“Technical Disputes”) shall be resolved on an accelerated basis by one of the following institutions unless otherwise agreed in writing by the Operator and Owner; Sandia National Laboratories; National Renewable Energy Laboratory; and Arizona State University Photovoltaic Test Lab.
Technical Dispute. If a dispute arises between the Parties whether and/or to which extent the implementation of any Change in Specifications is reasonably required to comply with the requirements set by the FDA (a “Technical Dispute”), the Parties will make commercially reasonable efforts to resolve the dispute by amicable negotiations. The Technical Dispute shall be referred to the JSC first to engage in negotiations and then the Executives of each Party will, as soon as possible and in any event no later than [***] (or other mutually agreeable period) after a written request from either Party to the other, meet in good faith to resolve any Technical Dispute. If, despite this meeting, the Parties are unable to resolve the Technical Dispute within a reasonable time, and in any event within [***]of the written request, the Technical Dispute will, at the written request of either Party, be referred for determination to an expert in the substantive technical area involved in the dispute selected by mutual agreement of the Parties (acting as an expert and not as an arbitrator). Notwithstanding any contrary terms in this CSA, the costs of the expert(s) (including any costs of appointment through any applicable arbitration organization) shall be shared equally by the Parties unless the expert determines that one Party’s position was manifestly unreasonable, in which case such Party shall bear all of such costs. If, within [***] of the written request for appointment of an expert, the Parties cannot mutually agree upon the expert to be used, they shall instead follow the dispute resolution process under Section 19 Governing Law; Dispute Resolution for all purposes of resolving the Technical Dispute. Each Party will provide the expert(s) or arbitrators, as applicable, with an initial, detailed statement of the issues in dispute and such Party’s position on such issues. Each Party shall promptly provide the expert(s) with all information requested by him or her to aid in resolution of the dispute. The decision of the expert or arbitrators, as applicable, shall be final and binding upon the Parties.
Technical Dispute. If there is a dispute over any work performed under this Agreement, including the scope or accuracy of the Inspection Report, or the sufficiency of the Post-Construction Repairs performed by XXXX or the NEMO Parties, then the Parties shall make a good faith effort to resolve the dispute through negotiation. If negotiation efforts are unsuccessful or upon written demand by either Party, the Parties shall, within 21 calendar days select an independent civil engineering firm that regularly practices and has experience in roadway construction and design standards in Missouri and is mutually acceptable to both Parties (“Neutral Engineer”). The Parties and the Neutral Engineer shall promptly agree to procedures for submitting information to the Neutral Engineer and for an on-site inspection (if needed) by the Neutral Engineer. The Neutral Engineer shall complete its review and inspection within 30 calendar days after engagement by the Parties and issue a non-binding written report of its findings. NEMO shall pay the reasonable fees of the Neutral Engineer in performing its review and inspection. Nothing in this Section 8.1 shall be construed as a waiver by either Party of its right to bring a claim against the other Party in law or in equity.
