Decision of Expert Sample Clauses

Decision of Expert. In the absence of manifest error, the decision of the Expert is final and binding upon the Parties.
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Decision of Expert. The decision of any Expert whenever provided for under this Lease and any certificate related thereto shall be final and binding upon the parties.
Decision of Expert. The decision of any Expert whenever provided for under this Lease and any certificate related thereto shall be final and binding upon the parties, save and except if the Tenant has reasonable grounds to believe that such decision of the Expert (i) is unreasonable, (ii) contains omissions or errors, or (iii) has been taken or rendered in a fraudulent manner. Notwithstanding the foregoing, the decision of an Expert shall not affect in any way the Tenant’s right to exercise its rights under the law.
Decision of Expert. All decisions of the Expert, absent fraud, are final and binding on the party (without appeal or review) and are enforceable in any court of competent jurisdiction.
Decision of Expert. The Expert shall notify the Parties in writing of his/her decision within thirty (30) days from the date on which the Expert has been selected, or such other period as the Parties and the Expert may agree.
Decision of Expert. The selected expert shall promptly fix a reasonable time and place for receiving submissions or information from the Parties and said expert may make such other enquiries and require such other evidence as may be necessary for determining the matter, keeping the Parties duly informed. All information, data, evidence, and representations submitted by a Party to the expert shall simultaneously be submitted to the other Party. Both Parties shall have the opportunity to make representations to the expert. The expert shall render its decision within one hundred eighty (180) Days after the date of the appointment of the expert. If the expert fails to do so, either Party may request a new expert to be appointed unless both Parties agree to extend the term of appointment. In case of such appointment of a new expert the appointment of the preceding expert shall cease. The expert shall render decisions as an expert and the decision shall be based on good oil and gas industry practices, taking into account usual technical and commercial considerations within the oil and gas industry for comparable situations as well as the terms and conditions of this Agreement. The determination of the expert shall be final and binding upon the Parties, except in the case of fraud or manifest error which might have a substantial effect on the decision. The expert's award and the findings upon which it is based shall be given in writing.
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Related to Decision of Expert

  • 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 an ICT technical, 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 President of the British Computer Society (or any other association that has replaced the British Computer Society). 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 by either Party 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/her 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.

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