Expert Decision. Where the parties must in accordance with this Agreement, or have agreed in writing to, refer a dispute to expert decision (Expert Referral Agreement), the following provisions will apply:
Expert Decision. (a) Any decision by an expert is confidential between the Parties.
Expert Decision. Neither Party shall have final decision-making authority in the event the disputed topic concerns the following:
Expert Decision. If a dispute remains unresolved pursuant to Section 9.2(e)(v), on which neither Party has the deciding vote, then upon written request by either Party to the other Party, the Parties shall promptly negotiate in good faith to appoint an appropriate expert ("Expert"). If the Parties are unable to agree on an Expert by mutual written agreement within seven (7) calendar days after the receipt by a Party of the written request in the immediately preceding sentence, the Expert shall be appointed by the International Centre for Expertise of the International Chamber of Commerce (“ICC”) under its rules of expertise; provided, however, that initially, the Parties shall [***] the fees charged by ICC upon appointment of the Expert. The Parties will then promptly make available the same set of documents supporting their proposals to the mutually agreed Expert or the appointed Expert, as the case may be. Such Expert shall have the right to meet with the Parties, either alone or together, as necessary to make a determination. Each Party shall submit to such Expert and exchange with each other in advance of such Expert’s review their last, best offers. Such Expert shall be limited to awarding only one or the other of the offers submitted. No later than [***] calendar days after the agreement or designation of such Expert, as the case may be, such Expert shall make a determination. Such Expert shall provide the Parties with a written statement setting forth the basis of the determination in connection therewith. The decision of such Expert shall be final and conclusive and binding on the Parties and their Affiliates and Sublicensees, absent manifest error. The costs of such Expert shall be borne [***]. The Parties shall use their good faith efforts to expedite the processes set forth in Section 9.2(e) and this Section 9.3.
Expert Decision. Confidential treatment is requested for redacted portion. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission.
Expert Decision. Within fifteen (15) Days after the selection of the expert, the Parties shall file with the expert written positions (with supporting documentation) concerning the dispute. The expert may request additional filings and shall render a decision within fifteen (15) Days of receipt of all filings. In the case of any dispute resolved under this Section 21.2, the decision rendered by the independent expert shall be final and binding upon QF and Georgia Power. Following the resolution of a dispute hereunder involving the Committed Capacity, Monthly Capacity Payment billing shall (if necessary and as soon as practicable) be adjusted retroactively (with interest at the Interest Rate) to reflect the Committed Capacity equal to such expert’s determination.
Expert Decision. Where the parties must in accordance with this Agreement, or have agreed in writing to, refer a dispute to expert decision (Expert Referral Agreement), the following provisions will apply: the expert will be appointed by agreement between the parties. However, if the parties cannot agree on the expert within five (5) Business Days of the Expert Referral Agreement, then an appropriately qualified and experienced expert will be appointed at the written request of either party by the Chair of the Telecommunications Carriers' Forum. The party making this request will use, and where possible ensure that the Chair of the Telecommunications Carriers' Forum uses, best endeavours to ensure that the appointment of the expert occurs no later than fifteen (15) Business Days from the date of the Expert Referral Agreement. The party making this request must copy the request to the other party; to be eligible for appointment, the expert must be independent and impartial, experienced in the relevant area of telecommunications and will preferably be experienced in dispute resolution procedures. Unless the parties agree otherwise, he or she must not have performed any duties, whether as an employee, consultant or contractor, for any of the parties or any related company (as defined in section 2(3) of the Companies Act 1993) during a twelve (12) month period prior to the date the dispute notice was given; the expert may seek independent legal advice regarding the appropriate procedures for resolution of the dispute; the expert must adopt a procedure which, in the expert's opinion, is the most simple and expeditious procedure practicable in the circumstances; the parties will provide the expert with any information that the expert reasonably requires in a timely manner. The expert is entitled to make a decision in the absence of the information requested being provided, but subject to a reasonable time being given to the relevant party to provide that information; the expert will act as an expert and not as an Arbitrator under the Arbitration Xxx 0000. The expert will be entitled to rely on the expert’s own judgement and opinion; the expert will provide the parties with a draft decision for comment prior to finalising it. The expert must provide the parties with a reasonable period in which to comment on the draft decision and must take any comments received during that period into account in finalising a decision; the expert must provide a decision (which must include reason...
Expert Decision. 25.2.1 Where a Dispute is designated in the Agreement or any Country Agreement as appropriate for Expert Decision, it shall be referred for determination to an expert (the "Expert") who shall act as an expert and not as an arbitrator nominated either jointly by the parties, or failing agreement between them within the time stated in this Agreement or, where no time is stated, within 10 working days, on the application of BPA or Exult by the President for the time being of: --------------- * Confidential treatment is requested for redacted portion. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission.
Expert Decision. 29.2.1 Where a Dispute is designated in this Agreement as appropriate for Expert Decision it shall be referred for determination to an Expert nominated either jointly by the parties, or failing agreement between them within the time stated in this Agreement or, where no time is stated, within 10 working days, on the application of the Client or Exult Supplier, to:
Expert Decision. Except for the cases referred to in Section 22.2, such Expert shall select one of the Parties' Proposals in its entirety, without any modifications or other changes, and to the exclusion of the other Party's Proposal. Further, such Expert shall determine the procedure for reaching his/her decision as he/she thinks fit provided that he/she provides each of Nycomed and Sepracor with at least one opportunity to present their views (both in writing and in person) and aims to reach a decision within two (2) calendar months of the submission by both Parties of their Proposals pursuant to Section 20.4.2. With respect to the costs of Third Party Expert Determination, Section 20.6 shall apply.
