The Expert Sample Clauses

The Expert. (a) The Expert appointed under clause 12.3 should be of a discipline most closely associated with the type of issue in Dispute. Despite this clause 12.4(a), the Expert appointed by the President will be deemed to be of a discipline most closely associated with the type of issue in Dispute.
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The Expert. (a) The Expert shall conduct the reference and make his decision in accordance with the Procedural Rules.
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The Expert. The expert appraisal is to be conducted by:
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The Expert. The expert determination under subclause 30.3 is to be conducted by:
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The Expert. 4.3.1 An Expert will only be remunerated for services provided to the Client under an Engagement Agreement where such services are designated by Arbolus in writing in advance as paid services. Where Xxxxxxx initially contacts an Expert and undertakes a telephone vetting call to determine such Expert’s eligibility for a Project or to discuss a particular Scope, such contact merely constitutes an attempt at determining such Expert’s potential suitability, and no remuneration will be due to such Expert for such contact. In the case of early termination of an Engagement Agreement, the Client will be liable to pay any Fees incurred up to that termination date, and the Expert will only be eligible for Fees that relate to work already carried out. Following any such vetting discussion with Xxxxxxx, the Client may wish to undertake an introductory call or send messages via the platform to such Expert in order to assess their relevance for the Project in question. Such communication is for the purposes of the Client undertaking vetting, and no remuneration will be due to such Expert for such introductory call.
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The Expert. 4.1 Subject to clause 4.2, KPMG shall be the Expert for the purposes of this Instrument.
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The Expert. Accountant shall act in accordance with Article 1592 of the Code Civil and its determination of any matter falling within its assignment shall be final and binding on the Parties save in the event of manifest error (erreur grossière). In particular, its determination of the Closing Net Financial Debt and the Closing Accounts shall be deemed to be respectively the Closing Adjusted Net Financial Debt and the Closing Contractually Adjusted Accounts, which shall then be final and binding on the Purchaser and the Seller for the purpose of determining the Purchase Price.
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The Expert. (a) The expert determination under clause 12.2 is to be conducted by:
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Related to The Expert

  • Independent Expert The Parties and the other signatories may, upon written agreement, resort to an independent expert in order to obtain a well-grounded opinion that may lead to the settlement of the dispute or controversy. In case such agreement is signed, arbitration may only be filed after issuance of the expert’s opinion.

  • Audit Dispute In the event of a dispute with respect to any audit under Section 4.10, AbbVie and Licensee shall work in good faith to resolve the disagreement. If the Parties are unable to reach a mutually acceptable resolution of any such dispute within [***], the dispute shall be submitted for resolution to a certified public accounting firm jointly selected by each Party’s accountants or to such other Person as the Parties shall mutually agree (the “Audit Arbitrator”). The decision of the Audit Arbitrator shall be final and the costs of such arbitration as well as the initial audit shall be borne between the Parties in such manner as the Audit Arbitrator shall determine. Not later than [***] after such decision and in accordance with such decision, Licensee shall pay the additional amounts, with interest from the date originally due as provided in Section 4.9, or AbbVie shall reimburse the excess payments, as applicable.

  • Arbitration Panel The arbitration panel shall consist of three arbitrators. The arbitrators must be impartial and must be or must have been officers of life insurance and or securities companies other than the parties or their affiliates.

  • Resolution of Dispute Any dispute regarding this Agreement (including without limitation its validity, interpretation, performance, enforcement, termination and damages) shall be determined in accordance with the laws of the State of California, the United States of America. Any action under this paragraph shall not preclude any party hereto from seeking injunctive or other legal relief to which each party may be entitled.

  • Independent Accountant Xxxxxxxx LLP (the “Accountant”), which has expressed its opinions with respect to the audited financial statements (which term as used in this Agreement includes the related notes thereto) of the Company filed with the Commission as a part of the Registration Statement and included in the Disclosure Package and the Prospectus, is an independent registered public accounting firm as required by the Securities Act and the Exchange Act.

  • Arbitration Decision The arbitrator’s decision will be final and binding. The arbitrator shall issue a written arbitration decision revealing the essential findings and conclusions upon which the decision and/or award is based. A party’s right to appeal the decision is limited to grounds provided under applicable federal or state law.

  • Expert Determination If a Dispute relates to any aspect of the technology underlying the provision of the Goods and/or Services or otherwise relates to a financial technical or other aspect of a technical nature (as the Parties may agree) and the Dispute has not been resolved by discussion or mediation, then either Party may request (which request will not be unreasonably withheld or delayed) by written notice to the other that the Dispute is referred to an Expert for determination. The Expert shall be appointed by agreement in writing between the Parties, but in the event of a failure to agree within ten (10) Working Days, or if the person appointed is unable or unwilling to act, the Expert shall be appointed on the instructions of the relevant professional body. The Expert shall act on the following basis: he/she shall act as an expert and not as an arbitrator and shall act fairly and impartially; the Expert's determination shall (in the absence of a material failure to follow the agreed procedures) be final and binding on the Parties; the Expert shall decide the procedure to be followed in the determination and shall be requested to make his/her determination within thirty (30) Working Days of his appointment or as soon as reasonably practicable thereafter and the Parties shall assist and provide the documentation that the Expert requires for the purpose of the determination; any amount payable by one Party to another as a result of the Expert's determination shall be due and payable within twenty (20) Working Days of the Expert's determination being notified to the Parties; the process shall be conducted in private and shall be confidential; and the Expert shall determine how and by whom the costs of the determination, including his/her fees and expenses, are to be paid.

  • Accountant A person engaged in the practice of accounting who (except when this Agreement provides that an Accountant must be Independent) may be employed by or affiliated with the Depositor or an Affiliate of the Depositor.

  • Mediation of Disputes In the event of any disputes arise between the parties under this Agreement, the parties agree to use the following procedure prior to and as a precondition to either party pursuing any other available remedies, including arbitration or litigation.

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