Designation of Experts Sample Clauses

The Designation of Experts clause establishes the process by which parties to an agreement select and appoint independent experts to resolve specific technical or specialized issues that may arise. Typically, this clause outlines the qualifications required for the expert, the method of selection—such as mutual agreement or appointment by a third party—and the scope of the expert's authority. By providing a clear mechanism for expert involvement, the clause ensures that disputes requiring specialized knowledge are resolved efficiently and impartially, thereby reducing delays and potential conflicts over technical matters.
Designation of Experts. 1. Plaintiff’s Counsel, in its discretion, shall utilize the assistance of a Corrections Expert and an Education Expert for purposes of monitoring compliance. a. Said experts shall advise and consult with Plaintiffs’ Counsel as to whether the Sheriffs’ Office or the School Board are in substantial breach of any material term of this Agreement. i. In the event that any substantial breach is identified, Plaintiffs’ Counsel shall within 24 hours notify Defendants’ Counsel of the substantial breach. The Sheriffs’ Office or the School Board shall have 30 days thereafter to provide notice to all parties that it has corrected or will correct any issues concerning the same, including a description of the steps it has or will take to ensure it is no longer in substantial breach (nothing herein shall prevent the parties from negotiating in good faith a resolution to any claimed substantial breach informally); ii. If the Sheriff’s Office or the School Board does not correct and/or provide a plan to correct any provisions found to be in substantial breach, then Plaintiffs may file a motion with the Court seeking specific enforcement of the terms of this Agreement, reinstatement of the claims for prospective relief in the lawsuit, or an extension of the duration of this Agreement by up to one additional year, including monitoring activities. It shall be Plaintiffs’ burden in making such a motion to demonstrate that Defendants are in substantial breach of a material term of the Agreement. iii. In the event that any non-substantial breach is identified, Plaintiffs’ Counsel shall within 24 hours notify Defendants’ Counsel of the non- substantial breach and negotiate in good-faith to resolve the matter to ensure compliance with the Agreement. 2. Plaintiffs’ Counsel shall provide notice and contact information of any expert designation at least 60 days prior to any quarterly on-site visit as stated herein; a. Defendants’ shall have 5 days from said notice to object to the expert designation. Any objection must be based upon genuine and verifiable concerns as to the expert’s qualifications and/or impartiality. b. Upon such an objection, the Parties’ shall within 5 days thereafter negotiate in good-faith to resolve any disputes as to the expert designation or, if needed, utilize private mediation services. c. Should the expert designation dispute continue to remain unresolved, then the objecting party may seek leave from the District Court pursuant to its authority and retent...
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Related to Designation of Experts

  • Role of Experts 1. On request of a disputing Party, or on its own initiative, the Panel may seek information and technical advice from any person or body that it deems appropriate. The requirements set out in subparagraphs (b) and (c) of Article 178 (Qualifications of Panelists) shall apply to the selection of experts or groups, as appropriate. 2. Before the Panel seeks information or technical advice, appropriate procedures shall be established in consultation with the disputing Parties. The Panel shall: (a) notify the Parties, in advance, of its intention to seek information or technical advice pursuant to paragraph 1, establishing an adequate time period for the Parties to make the comments and observations that they deem convenient; and (b) provide the disputing Parties with a copy of any information or technical advice received pursuant to paragraph 1, and with a period of time for the Parties to submit its comments. 3. When the Panel takes into consideration the information or technical advice sought pursuant to paragraph 1 for the preparation of its report, it shall also take into account any comments or observations submitted by the disputing Parties with respect to such information or technical advice.

  • Allocation of Expenses The provisions of this Section shall not affect any agreement that the Company and the Selling Shareholders may make for the sharing of such costs and expenses.

  • Indemnification of Expenses The Company shall indemnify Indemnitee to the fullest extent permitted by law if Indemnitee was or is or becomes a party to or witness or other participant in, or is threatened to be made a party to or witness or other participant in, any threatened, pending or completed action, suit, proceeding or alternative dispute resolution mechanism, or any hearing, inquiry or investigation that Indemnitee in good faith believes might lead to the institution of any such action, suit, proceeding or alternative dispute resolution mechanism, whether civil, criminal, administrative, investigative or other (hereinafter a "Claim") by reason of (or arising in part out of) any event or occurrence related to the fact that Indemnitee is or was a director, officer, employee, agent or fiduciary of the Company, or any subsidiary of the Company, or is or was serving at the request of the Company as a director, officer, employee, agent or fiduciary of another corporation, partnership, joint venture, trust or other enterprise, or by reason of any action or inaction on the part of Indemnitee while serving in such capacity (hereinafter an "Indemnifiable Event") against any and all expenses (including attorneys’ fees and all other costs, expenses and obligations incurred in connection with investigating, defending, being a witness in or participating in (including on appeal), or preparing to defend, be a witness in or participate in, any such action, suit, proceeding, alternative dispute resolution mechanism, hearing, inquiry or investigation), judgments, fines, penalties and amounts paid in settlement (if such settlement is approved in advance by the Company, which approval shall not be unreasonably withheld) of such Claim and any federal, state, local or foreign taxes imposed on the Indemnitee as a result of the actual or deemed receipt of any payments under this Agreement (collectively, hereinafter "Expenses"), including all interest, assessments and other charges paid or payable in connection with or in respect of such Expenses. Such payment of Expenses shall be made by the Company as soon as practicable but in any event no later than thirty (30) days after written demand by Indemnitee therefor is presented to the Company.

  • Advancement of Expenses To the extent not prohibited by law, the Company shall advance the expenses incurred by Indemnitee in connection with any proceeding, and such advancement shall be made within twenty (20) days after the receipt by the Company of a statement or statements requesting such advances (which shall include invoices received by Indemnitee in connection with such expenses but, in the case of invoices in connection with legal services, any references to legal work performed or to expenditures made that would cause Indemnitee to waive any privilege accorded by applicable law shall not be included with the invoice) and upon request of the Company, an undertaking to repay the advancement of expenses if and to the extent that it is ultimately determined by a court of competent jurisdiction in a final judgment, not subject to appeal, that Indemnitee is not entitled to be indemnified by the Company. Advances shall be unsecured, interest free and without regard to Indemnitee’s ability to repay the expenses. Advances shall include any and all expenses actually and reasonably incurred by Indemnitee pursuing an action to enforce Indemnitee’s right to indemnification under this Agreement, or otherwise and this right of advancement, including expenses incurred preparing and forwarding statements to the Company to support the advances claimed. Indemnitee acknowledges that the execution and delivery of this Agreement shall constitute an undertaking providing that Indemnitee shall, to the fullest extent required by law, repay the advance if and to the extent that it is ultimately determined by a court of competent jurisdiction in a final judgment, not subject to appeal, that Indemnitee is not entitled to be indemnified by the Company. The right to advances under this Section shall continue until final disposition of any proceeding, including any appeal therein. This Section 6 shall not apply to any claim made by Indemnitee for which indemnity is excluded pursuant to Section 10(b).

  • Repayment of Expenses Indemnitee shall reimburse the Company for all reasonable expenses paid by the Company in defending any Proceeding against Indemnitee in the event and only to the extent that it shall be ultimately determined that Indemnitee is not entitled to be indemnified by the Company for such expenses under the provisions of this Agreement.