Third Party Dispute Resolution Sample Clauses
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Third Party Dispute Resolution. The Consulting Firm shall (i) consider only the items that are then disputed by the parties, (ii) shall be bound by the terms of the Agreement and (iii) shall only make a determination of such disputed matters in favor of the proposal made by the Purchasers or the Sellers (as may be presented by each party to the Consulting Firm in writing, which shall be shared with the other party) and shall not make an independent proposal. The Consulting Firm shall prepare a written determination of any disputed matters and deliver the determination to the Purchasers and the Sellers within fifteen (15) Business Days after the date the Consulting Firm is engaged. Each party shall cooperate fully with the Consulting Firm, including by using reasonable best efforts to provide the information, data and work papers to the extent permitted by applicable Law, so as to enable the Consulting Firm to make a determination of the disputed items as quickly as practicable. The Corrective Action Plan shall be finalized in accordance with the Consulting Firm’s determination of the disputed matters.
Third Party Dispute Resolution. 3.4.1 If the matter in dispute has not been resolved in accordance with the procedures outlined in Clauses 3.1, 3.2 and 3.3 of this Schedule 3 the Contractor may refer the dispute to an agreed independent disputes resolution panel member (the “Panel Member”) by way of a written referral (the “Referral to Third Party”).
3.4.2 The Panel Member will be appointed in any given case from a panel maintained by the HSE unless the Contractor wishes to nominate an alternative third party to review the matter in dispute. Any such alternative appointment will be agreed between the Contractor and the HSE and the referral to Third Party process outlined in sub-clauses 3.4.3 and 3.4.4 of this Schedule 3 will also apply in such instances.
3.4.3 The Referral to Third Party by the Contractor will be accompanied by all relevant documentation including copies of all correspondence between the Contractor and the HSE in relation to the matter in dispute. A copy of the Referral to Third Party and accompanying documentation will be sent to the HSE at the same time that the referral is lodged.
3.4.4 The HSE will be entitled to respond to the Contractor’s referral to the Panel Member. The HSE will forward to the Contractor a copy of its response to the Panel Member on the same date.
3.4.5 The reasonable fees, costs and expenses of the Panel Member will be borne by the HSE. For the avoidance of doubt, in all other respects, each Party will bear its own costs and expenses of its participation in the Third Party Dispute Resolution process.
3.4.6 In the interest of cost effectiveness, the proceedings will be hosted on HSE premises. In the event that a HSE premises is not available to host proceedings, the HSE will be responsible for sourcing suitable alternative facilities and the costs of same will be borne by the HSE.
3.4.7 Disputes will be disposed of by way of hearing, unless otherwise determined by the Panel Member following consultation with both Parties, and the Panel Member will consider all written and oral submissions made to her by the Parties (including in the case of the Contractor its representative(s)). Having considered all such submissions, the Panel Member will endeavour to issue a written recommendation to both parties within six (6) weeks from commencement of the review of the matter in dispute by the Panel Member.
3.4.8 The recommendation of the Panel Member will be binding on the Parties, except where either side complains that the decision goes outside the terms ...
Third Party Dispute Resolution. 3.4.1 If the matter in dispute has not been resolved in accordance with the procedures outlined in Clauses 3.1, 3.2 and 3.3 of this Schedule 3 the Registered Medical Practitioner may refer the dispute to an agreed independent disputes resolution panel member (the “Panel Member”) by way of a written referral (the “Referral to Third Party”).
3.4.2 The Panel Member will be appointed in any given case from a panel maintained by the HSE unless the Registered Medical Practitioner wishes to nominate an alternative third party to review the matter in dispute. Any such alternative appointment will be agreed between the Registered Medical Practitioner and the HSE and the referral to Third Party process outlined in sub-clauses 3.4.3 and 3.4.4 of this Schedule 3 will also apply in such instances.