Common use of The Referee Clause in Contracts

The Referee. (a) is an independent consultant and is not, and must not purport to be, a partner, joint venture party or agent of either Party; (b) other than as expressly set out in this Referee Agreement or the Design Build Agreement, has no authority to give any directions to a Party or its officers, directors, members, employees, contractors, consultants or agents; and (c) has no authority to waive or alter any terms of the Design Build Agreement, nor to discharge or release a party from any of its obligations under the Design Build Agreement unless jointly agreed by the Parties in writing.