Common use of Final and Binding Determination Clause in Contracts

Final and Binding Determination. An Expert’s determination shall be in writing and shall be final and binding on the parties and shall not be subject to challenge except in the event of: (i) fraud; (ii) failure by such Expert to disclose any relevant conflicting interest or duty; (iii) breach by such Expert of the covenant specified in Section 5.4 of this Appendix C; (iv) the challenging party being denied due process; (v) the selection of such Expert or the procedure followed by such Expert was not in accordance with this Section 5; or (vi) the recognition or enforcement of such determination would be contrary to the public policy of the Country of Jurisdiction.