Conclusive Determinations Sample Clauses

A Conclusive Determinations clause establishes that certain decisions or findings made by a specified party or authority are final and binding for the purposes of the agreement. Typically, this clause applies to factual assessments, calculations, or certifications—such as determining whether a contractual milestone has been met or calculating amounts owed—often by an expert, auditor, or designated official. Its core function is to provide certainty and prevent disputes by ensuring that once a determination is made according to the agreed process, it cannot be challenged or revisited by the parties.
Conclusive Determinations. Each determination of Accrual Rent pursuant to any provision of this Lease or any of the other Operative Documents shall be conclusive in the absence of manifest error.
Conclusive Determinations. Each determination by any Agent of any rate or fee, or any other amount due, pursuant to Section 2.3(a) or (b) or 9.10 hereof shall be conclusive and binding on all parties hereto, absent manifest error.
Conclusive Determinations. All information provided by the -------------------------- Charter Trustee pursuant to this Section 2.12 for the purposes of any Transaction Document shall be conclusive and binding on the Charter Trustee, the Investment Trust, Deepwater and the Certificate Purchasers in the absence of manifest error.
Conclusive Determinations. Each calculation of the Interest Rate by the Collateral Agent pursuant to any provisions of this Loan Agreement or any of the other Loan Documents shall be prima facie evidence of the amounts owed.
Conclusive Determinations. Each determination of the Yield ------------------------- Amount pursuant to any provision of this Lease or any of the other Operative Documents shall be conclusive and binding on Lessor, Lessee and the Certificate Purchasers in the absence of manifest error.
Conclusive Determinations. Each determination of the Interest Rate pursuant to any provisions of this Loan Agreement or any of the other Operative Documents shall be conclusive and binding on Borrower and the Lenders in the absence of manifest error.
Conclusive Determinations. Each determination by an Agent or the Conduit Loan Lender of any rate or fee, or any other amount due, pursuant to Section 2.3(a) or (b), 2.2.5(b) or 9.10 hereof shall be conclusive and binding on all parties hereto, absent manifest error.

Related to Conclusive Determinations

  • Expert Determination If a Dispute relates to any aspect of the technology underlying the provision of the Goods and/or Services or otherwise relates to a financial technical or other aspect of a technical nature (as the Parties may agree) and the Dispute has not been resolved by discussion or mediation, then either Party may request (which request will not be unreasonably withheld or delayed) by written notice to the other that the Dispute is referred to an Expert for determination. The Expert shall be appointed by agreement in writing between the Parties, but in the event of a failure to agree within ten (10) Working Days, or if the person appointed is unable or unwilling to act, the Expert shall be appointed on the instructions of the relevant professional body. The Expert shall act on the following basis: he/she shall act as an expert and not as an arbitrator and shall act fairly and impartially; the Expert's determination shall (in the absence of a material failure to follow the agreed procedures) be final and binding on the Parties; the Expert shall decide the procedure to be followed in the determination and shall be requested to make his/her determination within thirty (30) Working Days of his appointment or as soon as reasonably practicable thereafter and the Parties shall assist and provide the documentation that the Expert requires for the purpose of the determination; any amount payable by one Party to another as a result of the Expert's determination shall be due and payable within twenty (20) Working Days of the Expert's determination being notified to the Parties; the process shall be conducted in private and shall be confidential; and the Expert shall determine how and by whom the costs of the determination, including his/her fees and expenses, are to be paid.

  • INDEPENDENT PRICE DETERMINATION 6.1 By signing and submitting this bid, the Bidder certifies that the prices in this bid have been arrived at independently, without consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Bidder or with any competitor; unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the Bidder prior to bid opening directly or indirectly to any other Bidder or to any competitor; no attempt has been made, or will be made, by the Bidder to induce any person or firm to submit, or not to submit, a bid for the purpose of restricting competition.

  • Rate Determinations The Administrative Agent shall determine each interest rate applicable to the Loans and the Reimbursement Obligations hereunder, and its determination thereof shall be conclusive and binding except in the case of manifest error.

  • Indemnification Determinations Indemnification of a Covered Person pursuant to Section 8.2 shall be made if (a) the court or body before whom the proceeding is brought determines, in a final decision on the merits, that such Covered Person was not liable by reason of Disabling Conduct or (b) in the absence of such a determination, a majority of a quorum of disinterested, non-party Trustees or independent legal counsel in a written opinion make a reasonable determination, based upon a review of the facts, that such Covered Person was not liable by reason of Disabling Conduct.

  • Committee Determination Any adjustments or other action pursuant to this Section 4 shall be made by the Committee, and the Committee's determination as to what adjustments shall be made or actions taken, and the extent thereof, shall be final and binding.