Conclusive Determination. Each determination by the Administrative Agent of an interest rate under this Agreement shall be conclusive and binding for all purposes, absent manifest error.
Conclusive Determination. The determination of the Valuation made pursuant to this Section 4.7 shall be final and, subject to Section 4.7(c) below, binding on the PARTIES, shall not be appealable to or reviewable by any court or arbitrator, and may only be changed by mutual written agreement of the PARTIES.
Conclusive Determination. To the fullest extent provided by law, the determination of the Fair Market Value of the Selling Member's Interest made pursuant to this Section 3.3 shall be final and binding on the Company and the Members hereto, and such determination shall not be appealable to or reviewable by any court or arbitrator, but judgment on such determination may be entered in any court having jurisdiction thereof; provided, however, that the foregoing shall not limit a Member's rights to seek arbitration of the obligations of the other Members and the Company hereunder.
Conclusive Determination. To the fullest extent permitted by law, the determination of the Monetizable Interests Percentage made pursuant to this Section 5.2 shall be final and binding on Vodafone and Xxxx Atlantic, and such determination shall not be appealable to or reviewable by any court or arbitrator.
Conclusive Determination. Except as provided in California Code of Civil Procedure Section 1286.2 (or its successor), the determination by the estimators or the arbitrator, as applicable, shall be conclusive, final and binding on the parties. Neither the estimators nor the arbitrator shall have any power to modify any of the provisions of this Agreement. Subject to the provisions of this Section, the parties will cooperate to provide all appropriate information to the estimators and the arbitrator. The estimators and the arbitrator will each report their respective determinations in writing, supported by the reasons for the determination.
Conclusive Determination. To the fullest extent provided by law, the determination of the Final Number of ATI Shares made pursuant to this Section 1.3 shall be final and binding on ATI and USW, and such determination shall not be appealable to or reviewable by any court or arbitrator.
Conclusive Determination. To the fullest extent provided by law, the determination of the Fair Market Value of the Minority Member's Interest made pursuant to this Section 2 shall be final and binding on the Company, RCN-Sub and BecoCom, and such determination shall not be appealable to or reviewable by any court or arbitrator.
Conclusive Determination. Except in the case of circumstances which would have prevented an error or anomaly from being disclosed during an audit performed under this Section 6, such as fraud, misrepresentation or other willful misconduct or gross negligence to provide accurate information, upon the expiration of three (3) years following the end of any Calendar Year, the calculation of royalties payable with respect to such Calendar Year will be binding and conclusive upon each Party and JAH will be released from any liability or accountability with respect to royalties for such Calendar Year.
Conclusive Determination. To the fullest extent provided by ------------------------ law, the determination of the Market Value made pursuant to this Section 2.9.7 shall be final and binding on Vodafone and Xxxx Atlantic, and such determination shall not be appealable to or reviewable by any court or arbitrator.
Conclusive Determination. Whenever the Conversion Price is adjusted as herein provided, the Corporation shall promptly file with the Transfer Agent a certificate of a firm of independent public accountants regularly employed by the Corporation setting forth the adjusted Conversion Price, along with a brief statement of the facts requiring the adjustment and the manner of computing the adjustment, which certificate shall be conclusive evidence of the correctness of the adjustment, absent manifest error.
