Chartered Accountant Sample Clauses

Chartered Accountant. The Expert so nominated shall: (i) be instructed to determine as soon as practicable the matters in dispute specified in the Dispute Notice; (ii) for the purpose of making its determination, have jurisdiction to determine any matter and its terms of reference thereto; (iii) adopt such procedures to assist with the conduct of the determination as it reasonably considers appropriate including instructing professional advisers to assist it in reaching its determination; and (iv) act as an expert and not as an arbitrator; and its decision will be final, binding and non-appealable on SuperGen, the Sellers’ Representative and the Scheme Shareholders except in the case of manifest error (the date of the Expert’s decision shall be referred to as the “Determination Date”). The costs of the Expert’s determination shall be borne by SuperGen; provided that if the determination of the Expert is that the Scheme Shareholders are entitled to less than 50% of the amount that is the subject of the Dispute Notice, the costs of the Expert’s determination shall be deducted from any Deferred Consideration.