Common use of Engineering Arbitration Clause in Contracts

Engineering Arbitration. The Parties may agree to submit any engineering or technical dispute under this Agreement to engineering arbitration, which submission may be made without submitting the engineering or technical dispute to the Independent Engineer pursuant to Section 11.8(a) or to the dispute resolution process described in Section 11.5 through Section 11.6. Such engineering arbitration shall be conducted by an independent engineering arbitrator, which shall be an engineering firm with nationally recognized engineering experience related to Comparable Public Airports and that is acceptable to the Airline(s) and the Lessee (and if the Parties fail to agree upon the independent engineering arbitrator within five business days after the Parties agree to submit the dispute to engineering arbitration, then the Airline(s) and the Lessee shall each appoint an independent engineering arbitrator and both such arbitrators shall be instructed to select a third independent engineering arbitrator to conduct the engineering arbitration). Such submission shall be in the form of written statements of position by one or both of the Parties, which statements shall be provided to both the other Party and the independent engineering arbitrator, with each Party having an opportunity to respond to such written statements of the other Party and any requests for statements or information by the independent engineering arbitrator, including in-person meetings. All such submissions by a Party shall be made within 10 business days following appointment of the independent engineering arbitrator and, notwithstanding any provision herein to the contrary, any unresolved disputed items shall be determined by the independent engineering arbitrator within seven business days following receipt by the independent engineering arbitrator of the Parties’ submissions of information unless such independent engineering arbitrator has good cause to extend such date for determination. The Parties shall each bear their own costs with respect to the arbitration of any such engineering dispute and shall bear equally the cost of retaining such independent engineering arbitrator. The independent engineering arbitrator’s award shall be in writing and state the reasons upon which it is based. The independent engineering arbitrator’s award shall be final and binding on the Parties.