Common use of Independent Architect Clause in Contracts

Independent Architect. 10.1 In the event of the Principal Agent and the disputing party not being able to reach an agreement in respect of those matters referred to in clause 9.2 within the 3 (three) day period, then any one of the Parties shall be entitled to refer the matter to the Independent Architect. 10.2 The Parties agree that the referral of a matter to the Independent Architect in accordance with the provisions of this Agreement shall be subject to the following provisions – 10.2.1 the Independent Architect shall act as an expert and not as an arbitrator; 10.2.2 each Party shall be entitled to make representations to the Independent Architect in such manner and form as the Independent Architect shall determine in his sole discretion; 10.2.3 if this Agreement is found to be lacking in any material respect in relation to the matter concerned, the Independent Architect shall be entitled to interpret and give effect to what he perceives to be the general intent of the Parties in the context of this Agreement and to make the determination accordingly; 10.2.4 the Independent Architect shall be entitled to obtain further advice in relation to the matter concerned; 10.2.5 it is the intention that determination shall be made as quickly and in the most effective manner reasonably possible in the circumstances; 10.2.6 the fees of the Independent Architect and any costs incurred by the Independent Architect shall be borne and paid for by the Party determined by the Independent Architect. Any other costs which the Parties may incur in relation to the determination shall be for their own account; and 10.2.7 the determination of the Independent Architect shall, in the absence of manifest error, be final and binding on the Parties and shall not be subject to appeal or review.