Industry Expert definition

Industry Expert means a major, independent accounting firm or other qualified industry expert with at least 10 years relevant experience, which firm or expert shall not be regularly engaged by or otherwise have a material relationship with either Shipper or Gatherer or any of their Affiliates, and shall not otherwise have a conflict of interest in relation to Shipper and Gatherer or any of their Affiliates.

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Industry Expert has the meaning set forth in Section 8.5.

Industry Expert shall have the meaning set forth in Section 3.2.4.

Examples of Industry Expert in a sentence

• Each Party agrees to promptly provide the Industry Expert with all information so requested of it.

• The Industry Expert may, within 30 Days after its receipt of such statements, request such additional information from either or both Parties as the Industry Expert may deem reasonably necessary or desirable for purposes of making its determination.

• If the Parties are unable to agree upon the selection of an Industry Expert within such 5 Business Day period, then each of the Notifying Party and Receiving Party will select an Industry Expert and the two firms so selected will select a Person to serve as the Industry Expert.

• The decision of the Industry Expert shall be conclusive, binding upon, and non-appealable by the Parties; provided that, the decision of the Industry Expert shall not be binding on the Gatherer unless and until it has received an opinion from its counsel that such Fees as proposed to be adjusted will be treated as qualifying income (as defined in Section 7704(d) of the Internal Revenue Code of 1986, as amended).

• The costs and expenses of the Industry Expert and such other consultants shall be shared equally by the Parties.

More Definitions of Industry Expert

Industry Expert is defined in Section 10.3(d).

Industry Expert has the meaning provided in the CHK Agreement.

Industry Expert means the mutually agreed expert knowledgeable with respect to the technical subject matters relating to Article III.

Industry Expert means an individual with extensive senior management experience within the pharmaceutical industry as it relates to pharmaceutical sales and marketing, clinical development/regulatory and/or medical affairs. The individual must be recognized as an industry expert by his or her peers. If a Director ceases to be a Director for any reason, the vacancy on the Board shall promptly be filled in a manner which ensures that the Board composition referred to above is maintained. The parties agree that the nominee of the Sprout Investors may only be removed by the Sprout Investors, the nominee of the InterWest Investors may only be removed by the InterWest Investors, and the nominee of the HBM Investor may only removed by the HBM Investor. Either ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ or ▇▇▇▇▇▇ ▇▇▇▇ shall be a member of the Compensation Committee of the Board, and either ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ or ▇▇▇▇▇▇ ▇▇▇▇ shall be a member of the Audit Committee of the Board.

Industry Expert means an individual who: (i) is not an employee of the Corporation or a relative thereof; (ii) is not an employee or direct or indirect shareholder of or consultant to any shareholder of the Corporation (including, without limitation, any Shareholder); (iii) has significant knowledge of the biotechnology industry; and (iv) has a stature such that a reasonable, prudent person would view such individual as being able to benefit the Corporation as a Director.

Industry Expert means a person (a) who is not an employee, greater than 5% shareholder or director of or consultant to-and is otherwise unaffiliated with-either Party (and any Affiliate of either Party), and (b) who has at least 15 years experience as a senior executive in the biopharmaceutical and/or pharmaceutical industry with responsibility for managing the marketing (including without limitation launch and pre-launch activities) of biopharmaceutical and/or pharmaceutical products. If the Parties are unable to agree upon a single Industry Expert before the expiration of the 15 business day period, then each shall designate 1 such person and these 2 people shall select (within 5 business days) a third such person who shall be the sole Industry Expert to resolve such dispute.

Industry Expert shall have the meaning given in Section 16.4.