Determination of Expert Sample Clauses
The 'Determination of Expert' clause establishes a process for resolving disputes or making decisions on specific technical or specialized matters by appointing an independent expert. Typically, this clause outlines how the expert is selected, the scope of their authority, and the binding nature of their determination on the parties involved. For example, if parties disagree on the value of an asset or the interpretation of a technical specification, an expert with relevant qualifications may be engaged to provide a final decision. This clause serves to expedite resolution of complex issues that require specialized knowledge, reducing the need for lengthy litigation or arbitration.
Determination of Expert. The determination of the expert: must be in writing; will be substituted for the relevant direction of the Contract Administrator unless a party gives notice of appeal to the other party within 21 days of receiving such determination in which case, subject to clauses 15.11 and 15.12, any such appeal will be by way of a hearing de novo; and will be final and binding, unless a party gives notice of appeal to the other party within 21 days of receiving such determination.
Determination of Expert. The determination of the expert: must be in writing; and will be final and binding upon the parties.
Determination of Expert. The determination of the expert: must be in writing; will be substituted for the relevant direction of the Commonwealth's Representative unless a party gives notice of appeal to the other party within 21 days of receiving such determination in which case, subject to clauses 12.11 and 12.12, any such appeal will be by way of a hearing de novo; and will be final and binding, unless a party gives notice of appeal to the other party within 21 days of receiving such determination.
Determination of Expert. The determination of the expert:
(a) must be in writing;
(b) will be:
(i) substituted for the relevant Direction of the Principal's Representative (if applicable); and
(ii) final and binding, unless a party gives notice of appeal to the other party within 15 Business Days of the determination; and
(c) is to be given effect to by the parties unless and until it is reversed, overturned or otherwise changed under the procedure in the following clauses.
Determination of Expert. Without prejudice to any other remedy available to the Council any matter hereby agreed by the parties to be determined by an expert shall be referred for determination by an expert to be nominated jointly by the Council and the Tricycle, or failing such agreement as to the identity of the Expert, within five days, to such Expert as may be appointed, on the application of either the Council or the Service Provider, by a third party. In this case, the Chair of ACE London will be approached. The Council and the Tricycle shall on request promptly supply to the Expert all such assistance, documents and information as he may require for the purpose of determination, and both the Council and the Service Provider shall use all reasonable endeavours to procure the prompt determination of such reference. The Expert shall be deemed to act as Expert and not as arbitrator and their determination shall be conclusive and binding upon the parties. The costs of an Expert appointed under this Condition shall be borne equally by the Tricycle and the Council save as may otherwise be directed by the Expert. The parties shall carry out their obligations under this agreement pending any decision of the Expert.
Determination of Expert. The determination of the expert:
54.12.1 must be in writing;
54.12.2 will be:
(a) substituted for the relevant Direction of Council; and
(b) final and binding, unless:
(c) there is a manifest error of law;
(d) the Expert's decision requires a party to pay in excess of $250,000; or
(e) the Claim the subject of expert determination is for an amount in excess of $250,000 or is a non-monetary Claim (including a Claim for an extension of time), and a party gives notice of appeal to the other party within 15 Business Days of the determination; and
54.12.3 is to be given effect to by the parties unless and until it is reversed, overturned or otherwise changed under the procedure in the following clauses.
Determination of Expert. (a) The parties acknowledge and agree that determination of the expert, in order to be valid under this deed:
(i) must be in writing, accompanied by reasons;
(ii) subject to subclause (b) below, will be final and binding on the parties; and
(iii) is not an arbitration within the meaning of any statute.
(b) If the determination of the expert contains a clerical mistake, an error arising from an accidental inclusion or omission, a material miscalculation of figures, a material mistake in the description of any person, matter or thing, or a defect of form, then:
(i) the party which noticed the relevant matter must notify the other parties in writing promptly,
(ii) the parties must use their best endeavours to ensure that the expert corrects the determination within 10 Business Days after they receive notice under clause 9(b) of this Schedule 6; or
(iii) if the expert does not correct the determination within that time, the parties may agree to appoint a substitute expert in accordance with the procedures established by clause 2 of this Schedule 6.
Determination of Expert. 3.1 The Expert shall:
3.1.1 conduct and deliver his determination in the English language;
3.1.2 be entitled to obtain such independent legal or other professional advice as he may reasonably require in making his determination;
3.1.3 to the extent not provided for in or inconsistent with this part 2 or where he considers such procedures to be impracticable in the circumstances or where agreed otherwise by the Seller and the Purchaser, determine the procedure to be followed in making his determination;
3.1.4 determine on the basis of all information, documents and materials before him what adjustments (if any) are in his opinion necessary to the amounts shown by the Draft Completion Statements in respect of each of the disputed items referred to him in order to comply with the provisions of this agreement; and
3.1.5 notify the Purchaser and the Seller of his determination in writing (without reasons) as soon as practicable.
3.2 The Expert’s determination shall be final and binding on the parties except when there is fraud or manifest error.
3.3 The Expert’s fees and expenses (including the costs of his nomination and any fees and expenses of any professional advisers appointed by him) shall be borne as determined by the Expert (having regard to the merits of the parties’ submissions), failing which, borne equally by the Purchaser and the Seller. The fees and expenses incurred by each party for their own legal and accounting advisers shall not be considered as part of this allocation and each party shall bear their own legal and accounting fees.
Determination of Expert. In making its determination the Expert will act as an expert and not as an arbitrator.
Determination of Expert. The determination of the appraiser:
(a) must be in writing;
(b) will be final and binding unless a party gives a notice of appeal to the other party within 7 days of the determination;
(c) is to be given effect to by the parties unless and until it is reversed, overturned or otherwise changed under the procedure in the following clauses.