Common use of Third Party Service Clause in Contracts

Third Party Service. 9.1 Where the exercise of powers or performance of duties are authorised or required by the terms of an agreement between you and any third party, you may: (a) Have due regard to the third party contract provided that the details of such powers and duties are acceptable to you and agreed in writing where they are not described in any schedule; (b) If authorized to certify, determine or exercise discretion to do so fairly between us and the third party not as an arbitrator but as an independent professional using Best Industry Practice; and 9.2 If so authorised vary the obligations of any third party, subject to obtaining our prior approval to any variation which can have an important effect on costs or quality or time in respect of the Service (except in any emergency when you shall inform us as soon as practicable).