Expert Decisions Sample Clauses
The 'Expert Decisions' clause designates that certain disputes or technical questions arising under the contract will be resolved by an independent expert rather than through litigation or arbitration. Typically, this clause outlines the process for appointing the expert, the scope of their authority, and how their decision will be treated—often as final and binding on the parties. Its core function is to provide a specialized, efficient, and authoritative resolution mechanism for issues requiring technical expertise, thereby reducing delays and costs associated with more formal dispute resolution processes.
Expert Decisions. Where this Agreement calls for a matter to be referred to an Expert for determination, the following provisions shall apply:
A. The use of the Expert shall be the exclusive remedy of the parties and neither party shall attempt to adjudicate any dispute in any other forum. The decision of the Expert shall be final and binding on the parties and shall not be capable of challenge, whether by arbitration, in court or otherwise;
B. Each party shall be entitled to make written submissions to the Expert, and if a party makes any submission it shall also provide a copy to the other party and the other party shall have the right to comment on such submission. The parties shall make available to the Expert all books and records relating to the issue in dispute and shall render to the Expert any assistance requested of the parties. The costs of the Expert and the proceedings shall be borne as directed by the Expert unless otherwise provided for herein. The Expert may direct that such costs be treated as Deductions;
C. The Expert shall make its decision with respect to the matter referred for determination by applying the standards applicable to first-class hotels in accordance with the System Standards (including compliance with the requirements of any quality assurance program) and determining whether the matter at issue is necessary to satisfy such standards; and
D. The terms of engagement of the Expert shall include an obligation on the part of the Expert to: (i) notify the parties in writing of his decision within forty-five (45) days from the date on which the Expert has been selected (or such other period as the parties may agree or as set forth herein); and (ii) establish a timetable for the making of submissions and replies.
Expert Decisions. Where this Agreement calls for a matter or dispute to be referred to an Expert for determination, the following provisions shall apply, to the exclusion of any other dispute resolution mechanism (whether or not the specific reference to Expert resolution mentions such exclusion):
16.11.1 The “Expert” shall be an independent, nationally recognized senior housing consulting firm or individual who is qualified to resolve the issue in question, and who is appointed in each instance by agreement of the parties or, failing agreement, each party shall select one (1) such nationally recognized consulting firm or individual and the two (2) respective firms and/or individuals so selected shall select another such nationally recognized consulting firm or individual to be the Expert. Each party agrees that it shall not appoint an individual as an Expert hereunder if the individual is, as of the date of appointment or within four (4) years prior to such date, employed by such party or any of its Affiliates, either directly or as a consultant, in connection with any other matter (other than as an expert or arbitrator in connection with any dispute to which such party is involved, including as an Expert hereunder). In the event that either party calls for an Expert determination pursuant to the terms hereof, the parties shall have ten (10) days from the date of such request to agree upon Portions of this exhibit that have been marked by [***] have been omitted pursuant to a request for confidential treatment filed separately with the Securities and Exchange Commission. an Expert and, if they fail to agree, each party shall have an additional ten (10) days to make its respective selection of a firm or individual, and within ten (10) days of such respective selections, the two (2) respective firms and/or individuals so selected shall select another such nationally recognized consulting firm or individual to be the Expert. If either party fails to make its respective selection of a firm or individual within the ten (10) day period provided for above, then the other party’s selection shall be the Expert. Also, if the two (2) respective firms and/or individuals so selected shall fail to select a third nationally recognized consulting firm or individual to be the Expert, then such Expert shall be appointed by the United States District Court for the District of Delaware or, in the case of claims over which the federal courts do not have jurisdiction, the Delaware Chancery Cour...
Expert Decisions. 21.1 This Clause 21 applies to matters which under this Agreement are expressly required to be dealt with by this Clause in the event that the Purchaser and the Contractor are unable to agree them (namely:- Clauses 7, 8, 18, and 24). Any such matter shall be determined by a person agreed by the parties or, in default of agreement, nominated at the request of either the Purchaser or the Contractor by Institute of Engineering in Hong Kong ("Expert") whose decision (acting as an expert and not as an arbitrator) shall be final and binding on the parties for the purpose of this Agreement . The costs of the Expert shall be shared equally by the Purchaser and the Contractor. the Purchaser and the Contractor shall provide the Expert with such information as the Expert may reasonably require.
Expert Decisions. Where this Agreement calls for a matter to be referred to arbitration or an Expert for determination, the following provisions shall apply:
A. Unless specifically stated to the contrary, the use of the Expert shall be the exclusive remedy of the parties and neither party shall attempt to adjudicate any dispute in any other forum. The decision of the Expert shall be final and binding on the parties and shall not be capable of challenge, whether by arbitration, in court or otherwise;
B. Each party shall be entitled to make written submissions to the Expert, and if a party makes any submission it shall also provide a copy to the other party and the other party shall have the right to comment on such submission. The parties shall make available to the Expert all books and records relating to the issue in dispute and shall render to the Expert any assistance requested of the parties. The costs of the Expert and the proceedings shall be treated as Property Expense(s);
C. The Expert shall make its decision with respect to the matter referred for determination by applying the standards applicable to first-class continuing care retirement communities and determining whether the matter at issue is necessary to satisfy such standards; and
D. The terms of engagement of the Expert shall include an obligation on the part of the Expert to: (i) notify the parties in writing of his decision within forty-five (45) Days from the date on which the Expert has been selected (or such other period as the parties may agree or as set forth herein); and (ii) establish a timetable for the making of submissions and replies.
Expert Decisions. Where this Agreement calls for a matter to be referred to arbitration or an Expert for determination, the following provisions shall apply:
(a) Unless specifically stated to the contrary, the use of the Expert shall be the exclusive remedy of the parties and neither party shall attempt to adjudicate any dispute in any other forum. The decision of the Expert shall be final and binding on the parties and shall not be capable of challenge, whether by arbitration, in court or otherwise;
(b) Each party shall be entitled to make written submissions to the Expert, and if a party makes any submission it shall also provide a copy to the other party and the other party shall have the right to comment on such submission. The parties shall make available to the Expert all books and records relating to the issue in dispute and shall render to the Expert any assistance requested of the parties. The costs of the Expert and the proceedings shall be treated as a Facility Expense;
(c) The Expert shall make its decision with respect to the matter referred for determination by applying the standards applicable to similarly-situated senior’s housing facilities having the same Permitted Use as the Facility, in accordance with industry standards (including compliance with the requirements of any quality assurance program) and determining whether the matter at issue is necessary to satisfy such standards; and
(d) The terms of engagement of the Expert shall include an obligation on the part of the Expert to: (i) notify the parties in writing of his or her decision within forty-five (45) days from the date on which the Expert has been selected (or such other period as the parties may agree or as set forth herein); and (ii) establish a timetable for the making of submissions and replies.
Expert Decisions. 13.7.1 In the event any party calls for an Expert determination pursuant to the terms hereof, the parties shall have ten (10) days from the date of such request to mutually agree on one (1) Expert. If they fail to agree, each party shall have an additional ten (10) days to each select one (1) Expert, and within ten (10) days of such respective selections, the two (2) Experts shall select a third (3rd) Expert to resolve the dispute. If either party fails to select an Expert within the ten (10) day period provided above, then the other party’s selection shall be the Expert to resolve the dispute. Also, if the two (2) Experts selected fail to select a third (3rd) to be the Expert to resolve the dispute, then such third (3rd) Expert shall be appointed by International Centre for Expertise in accordance with the provisions for the appointment of experts under the Rules for Expertise of the International Chamber of Commerce upon the request of either party and shall be a qualified person having at least ten (10) years recent professional experience as to the subject matter in question.
Expert Decisions. 52 ARTICLE 20 MISCELLANEOUS.........................................................................................53 20.1 Limitation on Payment of Rent...........................................................................53
Expert Decisions. In case Buyer and Sellers reach no Base EBITDA Agreement or no Compound EBITDA Agreement
(i) on or before November 14, 2004 regarding the Base EBITDA or
(ii) on or before November 14, 2006 regarding the Compound EBITDA SPA