Common use of Professional Expert Clause in Contracts

Professional Expert. 37.1 In any event of a difference of opinion between the parties in any matter relating to the execution of the Work and/or the Finishing Work and/or the completion of the repairs and/or the nature of the repairs and/or the determination of the cost for the execution of the required alterations by the Lessee, such matters shall be brought before a professional expert for his ruling, a building engineer by profession, who shall be appointed by the parties, and in the absence of such consent as to the identity of the Professional Expert within 7 days, he shall be appointed at the request of one of the parties by the chairman of the Israeli Institute of Architects and Engineers (above and below: “the Professional Expert”). 37.2 The Professional Expert shall be entitled to approve the Lessor’s Representative’s instructions and/or determinations, cancel or alter them, however he shall not have the power to order a stay or cessation of the execution of the Work, and this without derogating from his rights to instruct the Lessor to carry out repairs and/or alterations the execution of which may delay the execution of the Work. 37.3 The Professional Expert shall be entitled to instruct the Lessor to carry out repairs to the Leased Premises. Similarly the Professional Expert shall be entitled to determine whether the Leased Premises are fit or are unfit for Delivery and as well as discuss and decide upon any other issue in connection with the execution of the Work and/or the Finishing Work and/or the Delivery of the Leased Premises and/or the execution of repairs to the Leased Premises and/or any other engineering matter brought before him as stated above. 37.4 In these actions as stated above and/or acting within the framework of any other power or any other additional power vested in him under this Agreement, the expert shall act as the Professional Expert and not as an arbitrator and his decision shall be final and absolute and shall bind the parties as though agreed by them from the very outset. 37.5 The Professional Expert shall act to the best of his ability in order to provide his decision on any matter brought before him for his ruling as soon as possible from the date at which any of the parties has made the request to him to receive his decision and after he has enabled each of the parties to detail before him their position, but in any event no later than 14 days from the date at which the dispute has been brought before him for his ruling. 37.6 The parties undertake to cooperate with the Professional Expert as required in order to comply with the aforementioned timetable. 37.7 The Parties shall bear the fees of the Professional Expert in equal shares between them, unless the Professional Expert has ordered otherwise.