Common use of Expert Clause in Contracts

Expert. 3.1 An Expert is a person appointed in accordance with this paragraph 3 to resolve a dispute arising in relation to the Completion Accounts. 3.2 The parties shall agree on the appointment of an independent Expert. 3.3 If the parties are unable to agree on an Expert within seven days of either party serving details of a suggested expert on the other, either party may request the President of the Institute of Chartered Accountants to appoint an Expert of repute. 3.4 The Expert shall prepare a written decision and give notice (including a copy) of the decision to the parties within a maximum of three months of the matter being referred to him. 3.5 All matters under this paragraph 3 shall be conducted, and the Expert’s decision shall be written, in the English language. 3.6 The parties are entitled to make submissions to the Expert including oral submissions and shall provide (or procure that others provide) the Expert with such assistance and documents as the Expert reasonably requires for the purpose of reaching a decision. 3.7 To the extent not provided for by this paragraph 3, the Expert may, in his reasonable discretion, determine such other procedures to assist with the conduct of the determination as he considers just or appropriate, including (to the extent he considers necessary) instructing professional advisers to assist him in reaching his determination. 3.8 Each party shall, with reasonable promptness, supply each other with all information and give each other access to all documentation and personnel as each other reasonably requires to make a submission under this paragraph 3. 3.9 The Expert shall act as an expert and not as an arbitrator. The Expert shall determine any dispute, which may include any issue involving the interpretation of any provision of this agreement, his jurisdiction to determine the matters and issues referred to him or his terms of reference. The Expert’s written decision on the matters referred to him shall be final and binding in the absence of manifest error or fraud. 3.10 Each party shall bear its own costs in relation to the Expert. The Expert’s fees and any costs properly incurred by him in arriving at his determination (including any fees and costs of any advisers appointed by the Expert) shall be borne by the parties equally or in such other proportions as the Expert directs.

Expert. 3.1 5.1 An Expert is a person appointed in accordance with this paragraph 3 5 to resolve a dispute arising in relation to the Completion Accountscalculation of Relevant Turnover and any Deferred Payment. 3.2 5.2 The parties shall agree on the appointment of an independent Expert. 3.3 5.3 If the parties are unable to agree on an Expert within seven days of either party serving details of a suggested expert on the other, either party may request the President president of the Institute of Chartered Accountants to appoint an Expert of reputerepute with experience in consultancy businesses. 3.4 5.4 The Expert shall is required to prepare a written decision and give notice (including a copy) of the decision to the parties within a maximum of three two months of the matter being referred to himthe Expert. 3.5 5.5 If the Expert dies or becomes unwilling or incapable of acting, or does not deliver the decision within the time required by paragraph 5.4, then: (a) either party may apply to the President of the Institute of Chartered Accountants to discharge the Expert and to appoint a replacement Expert with the required expertise; and (b) this paragraph 5 applies in relation to the new Expert as if he were the first Expert appointed. 5.6 All matters under this paragraph 3 5 shall be conducted, and the Expert’s decision shall be written, in the English language. 3.6 5.7 The parties are entitled to make submissions to the Expert including oral submissions and shall provide (or procure that others provide) the Expert with such assistance and documents as the Expert reasonably requires for the purpose of reaching a decision. 3.7 5.8 To the extent not provided for by this paragraph 3paragraph, the Expert may, in his reasonable discretion, determine such other procedures to assist with the conduct of the determination as he considers just or appropriate, including (to the extent he considers necessary) instructing professional advisers to assist him in reaching his determination. 3.8 5.9 Each party shall, with reasonable promptness, supply each other party with all information and give each other party access to all documentation and personnel as each other party reasonably requires to make a submission under this paragraph 35. 3.9 5.10 The Expert shall act as an expert and not as an arbitrator. The Expert shall determine the amount of Relevant Turnover and any disputeDeferred Payment, which may include any issue involving the interpretation of any provision of this agreement, his jurisdiction to determine the matters and issues referred to him or his terms of reference. The Expert’s written decision on the matters referred to him shall be final and binding on the parties in the absence of manifest error or fraud. 3.10 5.11 Each party shall bear its own costs in relation to the Expert. The Expert’s fees and any costs properly incurred by him in arriving at his determination (including any fees and costs of any advisers appointed by the Expert) shall be borne by the parties equally or in such other proportions as the Expert directsequally.

Expert. 3.1 An Expert is a person appointed in accordance with this paragraph 3 to resolve a dispute arising in relation to the Completion Accounts. 3.2 The parties shall agree on the appointment of an independent Expert. 3.3 If the parties are unable to agree on an Expert within seven days of either party serving details of a suggested expert on the other, either party may request the President for the time being of the Institute of Chartered Accountants in England and Wales (“the Institute”) to appoint an Expert Chartered Accountant of reputerepute with experience in the preparation of the Completion Accounts. 3.4 The Expert shall prepare a written decision and give notice (including a copy) of the decision to the parties within a maximum of three two months of the matter being referred to him. 3.5 If the Expert dies or becomes unwilling or incapable of acting, or does not deliver the decision within the time required by paragraph 3.4 then: 3.5.1 either party may apply to the Institute to discharge the Expert and to appoint a replacement Expert with the required expertise; and 3.5.2 this paragraph 3 applies in relation to the new Expert as if he were the first Expert appointed. 3.6 All matters under this paragraph 3 shall be conducted, and the Expert’s Expert´s decision shall be written, in the English language. 3.6 3.7 The parties are entitled to make submissions to the Expert including oral submissions and shall provide (or procure that others provide) the Expert with such assistance and documents as the Expert reasonably requires for the purpose of reaching a decision. 3.7 3.8 To the extent not provided for by this paragraph 3, the Expert may, in his reasonable discretion, determine such other procedures to assist with the conduct of the determination as he considers just or appropriate, including (to the extent he considers necessary) instructing professional advisers to assist him in reaching his determination. 3.8 3.9 Each party shall, with reasonable promptness, supply each other with all information and give each other access to all documentation and personnel as each other reasonably requires to make a submission under this paragraph 3. 3.9 3.10 The Expert shall act as an expert and not as an arbitrator. The Expert shall determine any dispute, which may include any issue involving the interpretation of any provision of this agreement, his jurisdiction to determine the matters and issues referred to him or his terms of reference. The Expert’s Expert´s written decision on the matters referred to him shall be final and binding in the absence of manifest error or fraud. 3.10 3.11 Each party shall bear its own costs in relation to the Expert. The Expert’s fees and any costs properly incurred by him in arriving at his determination (including any fees and costs of any advisers appointed by the Expert) shall be borne by the parties equally or in such other proportions as the Expert directs.

Expert. 3.1 An Expert is a person appointed in accordance with this paragraph 3 to resolve a dispute arising in relation to the Completion Accounts. 3.2 The parties shall use their reasonable endeavours to agree on the appointment of an independent Expert and to agree the terms of appointment with the Expert. 3.3 If the parties are unable to agree on an Expert or the terms of his appointment within seven days of either party serving details of a suggested expert on the other, either party may request the President for the time being of the Chartered Institute of Chartered Accountants in Scotland to appoint an Expert of reputerepute with experience in the matter and agree the Expert’s terms of appointment. 3.4 The Expert shall prepare a written decision and give notice (including a copy) of the decision to the parties within a maximum of three months of the matter being referred to him. 3.5 If the Expert dies or becomes unwilling or incapable of acting, or does not deliver the decision within the time required by paragraph 3.4 then: (a) either party may apply to the President for the time being of the Chartered Institute of Chartered Accountants in Scotland to discharge the Expert and to appoint a replacement Expert with the required expertise; and (b) this paragraph 3 applies in relation to the new Expert as if he were the first Expert appointed. 3.6 All matters under this paragraph 3 shall be conducted, and the Expert’s 's decision shall be written, in the English language. 3.6 3.7 The parties are entitled to make submissions to the Expert Expert, including oral submissions submissions, and shall provide (or procure that others provide) the Expert with such assistance and documents as the Expert reasonably requires for the purpose of reaching a decision. 3.7 3.8 To the extent not provided for by this paragraph 3, the Expert may, in his reasonable discretion, determine such other procedures to assist with the conduct of the determination as he considers just or appropriate, including (to the extent he considers necessary) instructing professional advisers to assist him in reaching his determination. 3.8 3.9 Each party shall, with reasonable promptness, supply each other with all information and give each other access to all documentation and personnel as each other reasonably requires to make a submission under this paragraph 3. 3.9 3.10 The Expert shall act as an expert and not as an arbitrator. The Expert shall determine any dispute, which may include any issue involving the interpretation of any provision of this agreement, his jurisdiction to determine the matters and issues referred to him or his terms of reference. The Expert’s written decision on the matters referred to him shall be final and binding in the absence of manifest error or fraud. 3.10 3.11 Each party shall bear its own costs in relation to the Expert. The Expert’s fees and any costs properly incurred by him in arriving at his determination (including any fees and costs of any advisers appointed by the Expert) shall be borne by the parties equally or in such other proportions as the Expert directs.

Expert. 3.1 An Expert is a person appointed in accordance with this paragraph 3 to resolve a dispute arising in relation to the Completion Accounts. 3.2 The parties shall agree on the appointment of an independent ExpertExpert and shall agree with the Expert the terms of their appointment. 3.3 3.2 If the parties are unable to agree on an Expert or the terms of their appointment within seven days of either party serving details of a suggested expert on the other, either party may shall then be entitled to request the President of the Institute of Chartered Accountants of England and Wales to appoint an Expert of reputerepute with experience in the types of matters set out in this Schedule or in relation to such matters set out in clause 12 if the appointment is made or to be made in accordance with clause 12.3(b) of this agreement. 3.4 3.3 The Expert shall is required to prepare a written decision including reasons and give notice (including a copy) of the decision to the parties within a maximum of three months of the matter being referred to himthe Expert. 3.4 If the Expert dies or becomes unwilling or incapable of acting, or does not deliver the decision within the time required by this paragraph then: (a) the parties may agree to discharge the Expert; and (b) the parties may proceed to appoint a replacement Expert in accordance with this paragraph 3 which shall apply to the replacement Expert as if they were the first Expert to be appointed. 3.5 All matters under this paragraph 3 shall be conducted, and the Expert’s decision shall be written, in the English language. 3.6 The parties are entitled to make submissions to the Expert including oral submissions and shall will provide (or procure that others provide) the Expert with such assistance and documents as the Expert reasonably requires for the purpose of reaching a decision. 3.7 3.6 To the extent not provided for by this paragraph 3paragraph, the Expert may, may in his their reasonable discretion, discretion determine such other procedures to assist with the conduct of the determination as he considers they consider just or appropriate, appropriate including (to the extent he considers considered necessary) instructing professional advisers to assist him them in reaching his their determination. 3.8 3.7 Each party shall, shall with reasonable promptness, promptness supply each other with all information and give each other access to all documentation and personnel and/or things as each the other party may reasonably requires require to make a submission under this paragraph 3paragraph. 3.9 3.8 The Expert shall act as an expert and not as an arbitrator. The Expert shall determine any dispute, the matters in accordance with paragraph 3.3 which may include any issue involving the interpretation of any provision of this agreementAgreement, his their jurisdiction to determine the matters and issues referred to him or his them and/or their terms of reference. The Expert may award interest as part of their decision. The Expert’s 's written decision on the matters referred to him them shall be final and binding on the parties in the absence of manifest error or fraud. 3.10 3.9 Each party shall bear its own costs in relation to the reference to the Expert. The Expert’s 's fees and any costs properly incurred by him them in arriving at his their determination (including any fees and costs of any advisers appointed by the Expert) shall be borne by the parties equally or in such other proportions as the Expert directsmay direct. 3.10 All matters concerning the process and result of the determination by the Expert shall be kept confidential among the parties and the Expert. 3.11 Each party shall act reasonably and co-operate to give effect to the provisions of this Schedule and otherwise do nothing to hinder or prevent the Expert from reaching their determination. 3.12 The Expert shall have no liability to the parties for any act or omission in relation to this appointment; save in the case of bad faith.

Expert. 3.1 An Expert is a person appointed in accordance with this paragraph 3 to resolve a dispute arising in relation to the Completion Accounts. 3.2 1.1 The parties Parties shall agree on the appointment of an independent third party to be an expert (“Expert”) and shall agree with the Expert the terms of their appointment. The Parties shall use all reasonable efforts to agree such Expert within 7 days of [insert trigger]. Any Expert suggested by either Party must have at least [X] years’ experience of resolving matters similar to those in dispute. 3.3 1.2 If the parties Parties are unable to agree on an Expert or the terms of their appointment within seven days of either party Party serving details of a suggested expert on the other, either party may Party shall then be entitled to request the President of the Institute of Chartered Accountants Centre for Effective Dispute Resolution (CEDR) to appoint an Expert of reputeprofessional repute and for the CEDR to agree with the Expert the terms of appointment. 3.4 1.3 The Expert shall is required to prepare a written decision including reasons and give notice (including a copy) of the decision to the parties within a maximum of three months of the matter being referred to himthe Expert. 3.5 1.4 If the Expert dies or becomes unwilling or incapable of acting, or does not deliver the decision within the time required by this Clause then: (a) either Party may apply to the London Court of International Arbitration to discharge the Expert and to appoint a replacement Expert with the required expertise; and (b) this Clause shall apply to the new Expert as if they were the first Expert appointed. 1.5 All matters under this paragraph 3 shall clause must be conducted, and the Expert’s decision shall be written, in the English language. 3.6 1.6 The parties Parties are entitled to make submissions to the Expert including oral submissions and shall will provide (or procure that others provide) the Expert with such assistance and documents as the Expert reasonably requires for the purpose of reaching a decision. 3.7 To the extent not provided for by this paragraph 3, the Expert may, in his reasonable discretion, determine such other procedures to assist with the conduct of the determination as he considers just or appropriate, including (to the extent he considers necessary) instructing professional advisers to assist him in reaching his determination. 3.8 1.7 Each party shall, Party shall with reasonable promptness, promptness supply each other with all information and give each other access to all documentation and personnel and/or things as each the other Party may reasonably requires require to make a submission under this paragraph 3clause. 3.9 1.8 The Expert shall act as an expert and not as an arbitrator. The Expert shall determine any dispute, which the matter under the agreement. The Expert may include any issue involving the interpretation award interest as part of any provision of this agreement, his jurisdiction to determine the matters and issues referred to him or his terms of referencetheir decision. The Expert’s written decision on the matters referred to him them shall be final and binding on the parties in the absence of manifest error or fraud. 3.10 Each party shall bear its own costs in relation to the Expert. 1.9 The Expert’s fees and any costs properly incurred by him them in arriving at his their determination (including any fees and costs of any advisers appointed by the Expert) shall be borne by the parties Parties equally or in such other proportions as the Expert directsshall direct. 1.10 All matters concerning the process and result of the determination by the Expert shall be kept confidential among the Parties and the Expert.

Expert. 3.1 1.1 An Expert is a person appointed in accordance with this paragraph 3 Schedule 10 to resolve a dispute arising in relation to the Completion Accountsan Operation Matter. 3.2 1.2 The parties shall agree on the appointment of an independent ExpertExpert and shall agree with the Expert the terms of their appointment. 3.3 1.3 If the parties are unable to agree on an Expert or the terms of their appointment within seven days of either party serving details of a suggested expert on the other, either party may shall then be entitled to request the President of the Institute of Chartered Accountants [NAME OF BODY ENTITLED TO MAKE NOMINATION] to appoint an Expert [PROFESSIONAL QUALIFICATION] of reputerepute with international experience in [TYPE OF MATTER] [and for the [NAME OF BODY ENTITLED TO MAKE NOMINATION] to agree with the Expert the terms of appointment]. 3.4 1.4 The Expert shall is required to prepare a written decision [including reasons] and give notice (including a copy) of the decision to the parties within a maximum of three [three] months of the matter being referred to himthe Expert. 3.5 1.5 If the Expert dies or becomes unwilling or incapable of acting, or does not deliver the decision within the time required by this clause then: (a) [the parties may agree OR either party may apply to [NAME OF BODY ENTITLED TO MAKE NOMINATION]] to discharge the Expert; and (b) [the parties OR a party] may proceed to appoint a replacement Expert in accordance with this paragraph 1 which shall apply to the replacement Expert as if they were the first Expert to be appointed. 1.6 All matters under this paragraph 3 shall clause must be conducted, and the Expert’s 's decision shall be written, in the English language. 3.6 1.7 The parties are entitled to make submissions to the Expert [including oral submissions submissions] and shall will provide (or procure that others provide) the Expert with such assistance and documents as the Expert reasonably requires for the purpose of reaching a decision. 3.7 ] [To the extent not provided for by this paragraph 3clause, the Expert may, may in his their reasonable discretion, discretion determine such other procedures to assist with the conduct of the determination as he considers they consider just or appropriate, appropriate [including (to the extent he considers considered necessary) instructing professional advisers to assist him them in reaching his their 1.8 determination]. 3.8 ]] [Each party shall, shall with reasonable promptness, promptness supply each other with all information and give each other access to all documentation and personnel and/or things as each the other party may reasonably requires require to make a submission under this paragraph 3clause.] 3.9 1.10 The Expert shall act as an expert and not as an arbitrator. The Expert shall determine any dispute, the Operational Dispute [which may include any issue involving the interpretation of any provision of this agreementAgreement, his their jurisdiction to determine the matters and issues referred to him or his them and/or their terms of reference]. The Expert may award interest as part of their decision. The Expert’s 's written decision on the matters referred to him them shall be final and binding on the parties in the absence of [manifest error or or] fraud. 3.10 1.11 In determining the Operational Matter, the Expert shall take into account [SPECIFY BRIEFLY ANY MATTERS WHICH THE EXPERT IS TO TAKE INTO ACCOUNT]. 1.12 [Each party shall bear its own costs in relation to the Expertreference to the Expert OR The Expert may direct that any legal costs and expenses incurred by a party in respect of the determination shall be paid by another party to the determination on the general principle that costs should follow the event, except where it appears to the Expert that, in the circumstances, this is not appropriate in relation to the whole or part of such costs]. The Expert’s 's fees and any costs properly incurred by him them in arriving at his their determination (including any fees and costs of any advisers appointed by the Expert) shall be borne by the parties [equally or in such other proportions as the Expert directsshall direct]. 1.13 All matters concerning the process and result of the determination by the Expert shall be kept confidential among the parties and the Expert. 1.14 Each party shall act reasonably and co-operate to give effect to the provisions of this clause and otherwise do nothing to hinder or prevent the Expert from reaching their determination.