Common use of The Evaluation Clause in Contracts

The Evaluation. 10.1 The Evaluator shall provide the Evaluation to the parties in writing within ten (10) working days of whichever event is the latter of: (a) Receipt of the final submissions of case or other documents or evidentiary material of the parties; or, (b) The Evaluation Conference; or, (c) Receipt by the Evaluator of any further submissions, information, documents or evidentiary material requested by the Evaluator of any party following the Evaluation Conference. 10.2 The Evaluation shall be made in writing and shall state the reasons upon which it is based unless the parties have agreed that no reasons are to be given. 10.3 The Evaluation shall record the Evaluator’s opinion as to the likely incidence of liability, and where appropriate, a range of damages if the dispute were to be resolved by a court based on the material put forward by the parties in the course of the Early Neutral Evaluation. 10.4 The parties agree that the Evaluation will not be binding on the parties.