Common use of Conduct of binding expert determination Clause in Contracts

Conduct of binding expert determination. (a) Any binding expert determination must be conducted in accordance with the ACDC (b) The terms of these Dispute Resolution Procedures prevail to the extent of any inconsistency between these Dispute Resolution Procedures and the ACDC Rules for Expert Determination. (c) In making a binding expert determination, the expert must have regard to the following: (i) the terms of the Access Undertaking and this Agreement; (ii) the applicable terms of the Radiocommunications Act; (iii) the legitimate business interests of the Multiplex Licensee and its investment in facilities used to supply the Multiplex Transmission Service; (iv) the interests of Access Seekers; (v) the public interest in having competition in markets and efficient investment in facilities used to supply the Multiplex Transmission Service and services that use the Multiplex Transmission Service as an input; (vi) the operational and technical requirements necessary for the safe and reliable operation of the Multiplex Transmission Service; and (vii) the economically efficient operation of the facilities used to supply the Multiplex Transmission Service.

Conduct of binding expert determination. (a) Any binding expert determination must be conducted in accordance with the ACDCADC Rules for Expert Determination. (b) The terms of these Dispute Resolution Procedures prevail to the extent of any inconsistency between these Dispute Resolution Procedures and the ACDC ADC Rules for Expert Determination. (c) In making a binding expert determination, the expert must have regard to the following: (i) the terms of the Access Undertaking and this Agreement; (ii) the applicable terms of the Radiocommunications Act; (iii) the legitimate business interests of the Multiplex Licensee and its investment in facilities used to supply the Multiplex Transmission Service; (iv) the interests of Access Seekers; (v) the public interest in having competition in markets and efficient investment in facilities used to supply the Multiplex Transmission Service and services that use the Multiplex Transmission Service as an input; (vi) the operational and technical requirements necessary for the safe and reliable operation of the Multiplex Transmission Service; and (vii) the economically efficient operation of the facilities used to supply the Multiplex Transmission Service.