Technical Expert. If the dispute regards (a) whether or not Commercial Operation has been achieved, or (b) the disputed amount of any invoice, the Parties may, in lieu of mediation, have such dispute resolved pursuant to this Section 24.2.2. Any such dispute will be determined by an independent technical expert, who shall be a mutually acceptable third party with training and experience in the disciplines relevant to the matters with respect to which such person is called upon to provide a certification, evaluation or opinion (the “Technical Expert”), which determination shall be (x) except as otherwise provided in this Section 24.2.2, made in accordance with the Construction Industry Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Construction Disputes) of the AAA, as amended and effective on the date a Party provides notice of its intent to submit the dispute to a technical expert, and (y) binding upon the Parties. Either Party may commence the technical dispute process with AAA by notifying AAA and the other Party in writing (“Technical Dispute Notice”) of such Party's desire that the dispute be resolved through a determination by a technical expert. The determination shall be conducted by a sole Technical Expert. The Parties may select any mutually acceptable Technical Expert. If the Parties cannot agree on a Technical Expert within five (5) days after the date of the Technical Dispute Notice, then the AAA's arbitration administrator shall send a list and resumes of three (3) available technical experts meeting the qualifications set forth in Section 24.2.2 to the Parties, each of whom shall strike one name, and the remaining person shall be appointed as the Technical Expert. If more than one name remains, either because one or both Parties have failed to respond to the AAA's arbitration administrator within five (5) days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same name, the AAA's arbitration administrator will choose the Technical Expert from the remaining names. If the designated Technical Expert shall die, become incapable or, unwilling to, or unable to serve or proceed with the determination, a substitute technical expert shall be appointed in accordance with the selection procedure described above, and such substitute Technical Expert shall have all such powers as if he or she has been originally appointed herein. Within thirty (30) day...
Technical Expert. If any dispute cannot be resolved pursuant to Section 19.1 herein and the dispute relates to the determination of technical issues under Sections 6.2, 6.3, 6.6, 11.4 and 11.5.1, or other technical issues as mutually agreed by Owner and GEC, such dispute shall be first referred for expert for determination by the expert (“Technical Expert”) selected within 15 (fifteen) Days of the execution of this Agreement by Owner and GEC.
Technical Expert. 17.1 In the event of any dispute or disagreement of a technical nature between the parties which arises out of or in connection with the Agreement, the outcome of such dispute will be determined by independent third party investigation and recommendation. The parties shall select and agree the identity of the technical expert who is to carry out an investigation, in writing, in the event of any dispute or disagreement (both parties acting reasonably and in good faith).
17.2 The decision of the Technical Expert (which shall be given by the Technical Expert in writing stating their reasons for the decision made) shall be final and binding on the parties.
17.3 Each party shall provide the Technical Expert with such information as the Technical Expert may reasonably require for the purposes of the determination, if either party claims such information to be confidential to it then, provided that in the opinion of the Technical Expert that party has properly claimed the same as confidential, the Technical Expert shall not disclose the same to the other party or to any third party.
17.4 The cost of such Technical Expert shall be borne in such proportions as the Technical Expert may determine to be fair and reasonable in all the circumstances or, if no such determination is made by the Technical Expert, the cost shall be borne by the parties in equal proportions.
Technical Expert. The shareholder in the Concession Holder which has furnished documentation of the qualifications required under subsection 6.3(a) of the Bidding Conditions.
Technical Expert. During the initial five-year period, the Concession Holder shall be required to maintain the technical assistance commitment established with the shareholder that furnished proof of qualifications as specified under subsection 6..3(a) of the Bidding Conditions. This technical assistance commitment must be on record with ORSNA, for purposes of oversight and auditing, and no change in the same shall be permitted without ORSNA’s approval. ORSNA shall have the right to approach the Technical Expert directly for the purpose of requesting such reports as ORSNA may deem appropriate with regard to technical aspects of the Contract.
Technical Expert. 16.1. For the initial period of the LICENSE consisting of 5 (FIVE) years (from the first Act of Taking Possession), Technical Expert is the one previously authorized in the License. After that, any private shareholder who maintains for at least 5 (FIVE) years an ownership percentage of not less than 10% (TEN PERCENT) of the corporate capital in the LICENSEE shall be considered Technical Expert.
16.2. The requirement of maintaining 10% (TEN PERCENT) of the shares in the possession of at least one private shareholder who proves at least the aforementioned seniority shall be kept until the termination of LICENSE Any substitution of all the private shareholders who qualified as Technical Expert must be approved previously by the ORSNA.
16.3. The LICENSEE can not merge nor divide during the term of the LICENSE CONTRACT.
Technical Expert. In cases where according to this agreement an independent expert is to be consulted with regard to technical questions, the following shall apply:
1. Within two weeks after determination of the necessity to consult an expert, the contract parties shall nominate an independent expert.
2. Should the contract parties not be able to find agreement about the expert's person within this period, a qualified expert has to be determined by the president of the Chamber of Industry and Commerce in Dusseldorf upon the application of one of the parties. The expert thus determined shall make the decision as arbitrator expert according to Sections 315 ff. BGB and also decide who shall bear the costs incurred by use of his performances.
Technical Expert. 23.1. In the event of any dispute or disagreement of a technical nature between the parties which arises out of or in connection with this Agreement, the outcome of such dispute will be determined by an independent third party investigation and recommendation. The parties shall select and agree the identity of the technical expert who is to carry out an investigation, in writing, in the event of any dispute or disagreement (both parties acting reasonably and in good faith).
23.2. The decision of the Technical Expert (which shall be given by the Technical Expert in writing stating their reasons for the decision made) shall be final and binding on the parties.
23.3. Each party shall provide the Technical Expert with such information as the Technical Expert may reasonably require for the purposes of the determination, if either party claims such information to be confidential to it then, provided that in the opinion of the Technical Expert that party has properly claimed the same as confidential, the Technical Expert shall be required to not disclose the same to the other party or to any third party and may be required to sign a confidentiality agreement or non disclosure agreement if it is reasonably required by either party, taking account of the nature of the information being shared with the Technical Expert.
23.4. The cost of such Technical Expert shall be borne in such proportions as the Technical Expert may determine to be fair and reasonable in all the circumstances or, if no such determination is made by the Technical Expert, the cost shall be borne by the parties in equal proportions.
Technical Expert. Person qualified with knowledge and specific experience in his/her technical area, who gives a technical opinion to the assessing group, with respect to the assessment process for registry, during technical activities in accordance with the scope of the compliance verification application.
Technical Expert. If the dispute regards (a) whether or not Commercial Operation has been achieved, or (b) the disputed amount of any invoice, the Parties may, in lieu of mediation, have such dispute resolved pursuant to this Section 24.2.2. Any such dispute will be determined by an independent technical expert, who shall be a mutually acceptable third party with training and experience in the disciplines relevant to the matters with respect to which such person is called upon to provide a certification, evaluation or opinion (the "Technical Expert"), which determination shall be (x) made in accordance with the Construction Industry Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Construction Disputes) of the AAA, as amended and effective on July 1, 2003 (the "Technical Dispute Procedures"), notwithstanding any Dollar amounts or Dollar limitations contained therein, and
