Common use of Expert Determination Clause in Contracts

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 a 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 relevant professional body. 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 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 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.

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 a 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 relevant professional bodyPresident 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 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.

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 a 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 relevant professional bodyPresident 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 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.

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 a financial technical matter of an accounting or other aspect of a technical financing nature (as the Parties may agree) and the Dispute has not been resolved by discussion or mediation), then either Party may request (which such request will shall not be unreasonably withheld or delayeddelayed by the Parties) 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 relevant professional body. 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 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 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.

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 a 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 relevant professional body. 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 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 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.

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 a financial technical matter of an accounting or other aspect of a technical financing nature (as the Parties may agree) and the Dispute has not been resolved by discussion or mediation), then either Party may request (which such request will shall not be unreasonably withheld or delayeddelayed by the Parties) by written notice to the other that the Dispute is referred to an Expert for determination. The Where the Parties agree to an expert determination, the Expert shall 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 relevant professional body. The Expert shall ; and 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 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.

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 a financial technical matter of an accounting or other aspect of a technical financing nature (as the Parties may agree) and the Dispute has not been resolved by discussion or mediation), then either Party may request (which such request will shall not be unreasonably withheld or delayeddelayed by the Parties) 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 relevant professional body. 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 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 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.

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,a 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 relevant professional bodyPresident 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 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 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.

Expert Determination. 6.1 If a Dispute relates to any aspect of the technology underlying the provision of the Goods and/or Services or otherwise relates to a financial technical matter of an IT, accounting or other aspect of a technical financing nature (as the Parties may agree) and the Dispute has not been resolved by discussion or mediationcommercial negotiation in accordance with paragraph 4 or, if applicable, mediation in accordance with paragraph 5, then either Party may by written notice to the other request (agreement to which request will shall not be unreasonably withheld or delayed) by written notice to the other that the Dispute is be referred to an Expert expert for determination. . 6.2 The Expert expert shall be appointed by agreement in writing between the Parties, but in the event of a failure to agree within ten (10) Working DaysDays of the relevant request made pursuant to paragraph 6.1, or if the person appointed is unable or unwilling to act, the Expert expert shall be appointed appointed: (a) if the Dispute relates to any aspect of the technology underlying the provision of the Services or a matter of an IT technical nature, on the instructions of the President of the British Computer Society (or any other association that has replaced the British Computer Society); (b) if the Dispute relates to a matter of a financial technical nature, on the instructions of the President of the Institute of Chartered Accountants of England and Wales; or (c) if the Dispute relates to a matter of a technical nature not falling within paragraphs 6.2(a) or (b), on the instructions of the president (or equivalent) of: (i) an appropriate body agreed between the Parties; or (ii) if the Parties do not reach agreement on the relevant professional body. body within fifteen (15) Working Days of the relevant request made pursuant to paragraph 6.1, such body as may be specified by the President of the Law Society on application by either Party. 6.3 The Expert shall act on the following basis: : (a) he/she shall act as an expert and not as an arbitrator and shall act fairly and impartially; ; (b) the Expert's determination shall (in the absence of a material failure to follow the agreed procedures) be final and binding on the Parties; ; (c) 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 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; ; (d) 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; ; (e) the process shall be conducted in private and shall be confidential; and and (f) the Expert shall determine how and by whom the costs of the determination, including his/her fees and expenses, are to be paid.

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 a 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 relevant professional bodyPresident 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 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 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.

Expert Determination. If a Dispute relates to any aspect of the technology underlying the provision of the Goods and/or Panel Services or otherwise relates to a 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 relevant professional bodyPresident 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 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.

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 a financial technical matter of an accounting or other aspect of a technical financing 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 shall not be unreasonably withheld or delayed) by written notice to the other that the Dispute is referred to an Expert for determination. The Where the Parties agree to an expert determination, the Expert shall 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 relevant professional body. The Expert shall ; and 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 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.

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 a 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 relevant professional bodyAuthority. 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 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 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.

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 a financial technical matter of an IT, accounting or other aspect of a technical financing nature (as the Parties may agree) and the Dispute has not been resolved by discussion or mediationcommercial negotiation in accordance with this Schedule, then either Party may by written notice to the other request (agreement to which request will shall 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 relevant professional body. 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 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 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.

Expert Determination. If a Dispute relates to any aspect of the technology underlying the provision of the Goods and/or Contract Services or otherwise relates to a 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 relevant professional body. 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 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 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.

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 a financial technical matter of an IT, accounting or other aspect of a technical financing nature (as the Parties may agree) and the Dispute has not been resolved by discussion or mediationaccordance with Paragraph 4 or, if applicable, mediation in accordance with Paragraph 6, then either Party may by written notice to the other request (agreement to which request will shall not be unreasonably withheld or delayed) by written notice to the other that the Dispute is be referred to an Expert expert for determination. The Expert expert shall be appointed by agreement in writing between the Parties, but in the event of a failure to agree within ten (10) Working DaysDays of the relevant request made pursuant to Paragraph 7.1, or if the person appointed is unable or unwilling to act, the Expert expert shall be appointed appointed: if the Dispute relates to any aspect of the technology underlying the provision of the Services or a matter of an IT technical nature, on the instructions of the President of the British Computer Society (or any other association that has replaced the British Computer Society); if the Dispute relates to a matter of a financial technical nature, on the instructions of the President of the Institute of Chartered Accountants of England and Wales; or if the Dispute relates to a matter of a technical nature not falling within Paragraphs 7.2(a) or (b), on the instructions of the president (or equivalent) of: an appropriate body agreed between the Parties; or if the Parties do not reach agreement on the relevant professional bodybody within fifteen (15) Working Days of the relevant request made pursuant to Paragraph 7.1, such body as may be specified by the President of the Law Society on application by either Party. 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 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 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.

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 a financial technical matter of an IT, accounting or other aspect of a technical financing nature (as the Parties may agree) and the Dispute has not been resolved by discussion or mediationcommercial negotiation in accordance with Paragraph 4 or, if applicable, mediation in accordance with Paragraph 5, then either Party may by written notice to the other request (agreement to which request will shall not be unreasonably withheld or delayed) by written notice to the other that the Dispute is be referred to an Expert expert for determination. The Expert expert shall be appointed by agreement in writing between the Parties, but in the event of a failure to agree within ten (10) 10 Working DaysDays of the relevant request made pursuant to Paragraph 6.1, or if the person appointed is unable or unwilling to act, the Expert expert shall be appointed appointed: if the Dispute relates to any aspect of the technology underlying the provision of the Services or a matter of an IT technical nature, on the instructions of the President of the British Computer Society (or any other association that has replaced the British Computer Society); if the Dispute relates to a matter of a financial technical nature, on the instructions of the President of the Institute of Chartered Accountants of England and Wales; or if the Dispute relates to a matter of a technical nature not falling within Paragraphs 6.2(a) or (b), on the instructions of the president (or equivalent) of: an appropriate body agreed between the Parties; or if the Parties do not reach agreement on the relevant professional bodybody within 15 Working Days of the relevant request made pursuant to Paragraph 6.1, such body as may be specified by the President of the Law Society on application by either Party. 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 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) 30 Working Days of his 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) 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.

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 a financial technical matter of an accounting or other aspect of a technical financing nature (as the Parties may agree) and the Dispute has not been resolved by discussion or mediation), then either Party may request (which such request will shall not be unreasonably withheld or delayeddelayed by the Parties) by written notice to the other that the Dispute is referred to an Expert for determination. The Where the Parties agree to an expert determination, the Expert shall 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 relevant professional body. The Expert shall ; and 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 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 paidpaid Either of the Parties may, at any time before court proceedings are commenced and after the Parties have attempted to resolve the Dispute in good faith, by commercial negotiation, mediation and Expert determination (if applicable), refer the Dispute to arbitration in accordance with the provisions of paragraph 59.4 of this DMP Schedule 18. The Parties are not obliged to pursue arbitration but may choose to do so in resolving the Dispute. Before the Supplier commences court proceedings or arbitration, it shall serve written notice on the Authority of its intentions and the Authority shall have fifteen (15) Working Days following receipt of such notice to serve a reply (a “Counter Notice”) on the Supplier requiring the Dispute to be referred to and resolved by arbitration in accordance with paragraph 59.4 or be subject to the jurisdiction of the courts in accordance with Clause 49 (Governing Law and Jurisdiction). The Supplier shall not commence any court proceedings or arbitration until the expiry of such fifteen (15) Working Day period. If: the Counter Notice requires the Dispute to be referred to arbitration, the provisions of paragraph 59.4 shall apply; the Counter Notice requires the Dispute to be subject to the exclusive jurisdiction of the courts in accordance with Clause 49 (Governing Law and Jurisdiction), the Dispute shall be so referred to the courts and the Supplier shall not commence arbitration proceedings; the Authority does not serve a Counter Notice within the fifteen (15) Working Day period referred to in paragraph 59.2, the Supplier may either commence arbitration proceedings in accordance with paragraph 59.4 or commence court proceedings in the courts in accordance with Clause 49 (Governing Law and Jurisdiction) which shall (in those circumstances) have exclusive jurisdiction. In the event that any arbitration proceedings are commenced pursuant to paragraphs 59.1 to 59.3, the Parties hereby confirm that: all disputes, issues or claims arising out of or in connection with this Dynamic Marketplace Agreement (including as to its existence, validity or performance) shall be referred to and finally resolved by arbitration under the Rules of the London Court of International Arbitration (“LCIA”) (subject to paragraphs 59.4.5 and 59.4.6); the arbitration shall be administered by the LCIA; the LCIA procedural rules in force at the date that the Dispute was referred to arbitration shall be applied and are deemed to be incorporated by reference into this Dynamic Marketplace Agreement and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules; if the Parties fail to agree the appointment of the arbitrator within ten (10) days from the date on which arbitration proceedings are commenced or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA; the arbitration proceedings shall take place in London and in the English language; and the seat of the arbitration shall be London.

Expert Determination. If a Dispute relates to any aspect of the technology underlying the provision of the Goods Products and/or Services or Servicesor otherwise relates to a financial technical matter of an accounting or other aspect of a technical financing nature (as the Parties may agree) and the Dispute has not been resolved by discussion or mediation), then either Party may request (which such request will shall not be unreasonably withheld or delayeddelayed by the Parties) 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 relevant professional body. 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 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 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.

Expert Determination. If a Dispute relates to any aspect of the technology underlying the provision of the Goods and/or Services and delivery of purchased Goods or otherwise relates to a 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 relevant professional body. 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 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 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.

Expert Determination. 11.1 If the Agreement expressly requires a Dispute to be referred to expert determination or the Dispute relates to any aspect of the technology underlying the provision of the Goods and/or Services [or otherwise relates to a an ICT technical, financial technical or other aspect of a technical nature (as the Parties may parties agree) ] and the Dispute dispute has not been resolved by discussion using the Escalation Process or mediationmediation pursuant to paragraph 10, then either Party 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. . 11.2 The Expert shall be appointed by agreement in writing between the Partiesparties, but in the event of a failure to agree within ten (10) 10 Working Days, or if the person appointed is unable or unwilling to act, the Expert shall be appointed on the instructions of either the relevant professional body. president of [Guidance: You should insert the appropriate society or organisation (after checking with them first] (or any other association that the parties reasonably understand to have replaced it) in relation to a technical Dispute, [or to the president of the Law Society in relation to all other Disputes.] 11.3 The Expert shall act on the following basis: : 11.3.1 he/she shall act as an expert and not as an arbitrator and shall act fairly and impartially; ; 11.3.2 the Expert's determination shall (in the absence of a material failure to follow the agreed procedures) be final and binding on the Parties; parties; 11.3.3 the Expert shall decide the procedure to be followed in the determination and shall be requested to make his/her determination within thirty (30) 30 Working Days of his appointment or as soon as reasonably practicable thereafter and the Parties parties shall assist and provide the documentation that the Expert requires for the purpose of the determination; ; 11.3.4 any amount payable by one Party party to another as a result of the Expert's determination shall be due and payable within twenty (20) 20 Working Days of the Expert's determination being notified to the Parties; parties; 11.3.5 the process shall be conducted in private and shall be confidential; and and 11.3.6 the Expert shall determine how and by whom the costs of the determination, including his/her fees fess and expenses, are to be paid.

Expert Determination. 23.1 If a Dispute relates to any aspect of the technology underlying the provision of the Goods and/or Services or otherwise relates to a 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 matter is referred to an Expert for determination. The independent expert (the "Expert") in accordance with the Agreement, the Expert shall be appointed by agreement in writing between the Parties, but in . If the event Parties fail to agree upon that appointment within 10 Banking Days of a Party notifying the other Party of its decision to refer the matter to an Expert, the President of the Law Society of England and Wales may appoint the Expert on the application of either Party. 23.2 In the absence of the Parties agreeing any amendments to this Agreement, if that failure to agree within ten (10) Working Daysis referable to the Expert, the Expert shall have power to make amendments binding on the Parties to this Agreement consistent with any relevant requirements, purposes or restrictions concerning those amendments expressly provided for in this Agreement. The Parties agree that it is their intention that in the absence of their ability to agree any required amendments to this Agreement, this Agreement should continue and not come to an end or be deemed to be void or voidable in accordance with the doctrine of frustration or any other legal theory. Accordingly, if the person appointed Expert is unable to decide upon any amendments based on the express or unwilling to actimplied intentions of the Parties, the Expert shall be appointed on entitled to have regard to the instructions way in which similar issues or amendments are addressed or are proposed to be addressed by other electricity industry participants and to substitute the Expert's own view of what is reasonable in all the relevant professional body. circumstances. 23.3 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 give his or her determination shall (in writing. 23.4 In the absence of a material failure to follow fraud or manifest error, the agreed procedures) be final and binding on the Parties; determination of the Expert shall decide be final, conclusive and binding upon the Parties. 23.5 The Expert shall determine the procedure to be followed in the determination and shall be requested to make his/her determination within thirty (30) Working Days of his appointment or as soon as reasonably practicable thereafter and the Parties shall assist and provide the documentation that by the Expert requires for the purpose of making a determination provided that the determination; any amount payable by one Party Parties shall use their respective reasonable endeavours to another as a result ensure that he or she makes his or her determination within 20 Banking Days of being appointed. 23.6 Each of the Expert's determination Parties shall be due and payable within twenty (20) Working Days bear one half 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 determinationExpert unless the Expert determines otherwise. 23.7 Pending the determination of any amendments to this Agreement by the Parties or the Expert, including his/her fees and expenses, are the Parties shall continue to be paidthe extent possible to perform their obligations under this Agreement.

Expert Determination. 5.1 If this Agreement expressly requires a Dispute to be referred to expert determination or the Dispute relates to any aspect of the technology underlying the provision of the Goods and/or Services or otherwise relates to a financial technical, financially technical or other aspect of a technical nature (as the Parties may agree) agree and the Dispute dispute has not been resolved by discussion using the Escalation Process pursuant to paragraph 3 or mediationmediation pursuant to paragraph 4, 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. . 5.2 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 either the relevant professional body. president of the British Computer Society (or any other association that the Parties reasonably understand to have replaced it). 5.3 The Expert shall act on the following basis: : 5.3.1 he/she shall act as an expert and not as an arbitrator and shall act fairly and impartially; ; 5.3.2 the Expert's ’s determination shall (in the absence of a material failure to follow the agreed procedures) be final and binding on the Parties; ; 5.3.3 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 appointment appointment, or as soon as reasonably practicable thereafter thereafter, and the Parties shall assist and provide the documentation that the Expert requires for the purpose of the determination; ; 5.3.4 any amount payable by one Party to another the other Party as a result of the Expert's ’s determination shall be due and payable within twenty (20) Working Days of the Expert's ’s determination being notified to the Parties; ; 5.3.5 the process shall be conducted in private and shall be confidential; and and 5.3.6 the Expert shall determine how and by whom the costs of the determination, including his/her fees and expenses, are to be paid.

Expert Determination. 5.1 If a Dispute relates to any aspect of the technology underlying the provision of the Goods and/or Services or otherwise relates to a 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. . 5.2 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 relevant professional body. President of the British Computer Society (or any other association that has replaced the British Computer Society). 5.3 The Expert shall act on the following basis: : 5.3.1 he/she shall act as an expert and not as an arbitrator and shall act fairly and impartially; ; 5.3.2 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; ; 5.3.3 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 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; ; 5.3.4 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; ; 5.3.5 the process shall be conducted in private and shall be confidential; and and 5.3.6 the Expert shall determine how and by whom the costs of the determination, including his/her fees and expenses, are to be paid.

Expert Determination. If a Dispute relates to any aspect of the technology underlying the provision of the Goods and/or Products and Services or otherwise relates to a financial technical matter of an accounting or other aspect of a technical financing nature (as the Parties may agree) and the Dispute has not been resolved by discussion or mediation), then either Party may request (which such request will shall not be unreasonably withheld or delayeddelayed by the Parties) by written notice to the other that the Dispute is referred to an Expert for determination. The Where the Parties agree to an expert determination, the Expert shall 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 relevant professional body. The Expert shall ; and 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 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.

Expert Determination. If the parties are to resolve a Dispute dispute through Expert determination, then the parties shall first agree on the appointment of an independent Expert. To the extent the parties are unable to agree on the Expert within 10 working days of either party giving written notice that it intends to refer the dispute to an Expert for determination, then an Expert shall be appointed in relation to a dispute which relates to any aspect of the technology underlying the provision Services or which is otherwise of a scientifically technical nature, by the Primary Healthcare Specialist Group of the Goods and/or Services British Computer Society (or otherwise relates such association understood by the parties to a financial technical have replaced it); or in relation to any other aspect of a technical nature (as the Parties may agree) and the Dispute has not been resolved dispute, by discussion or mediationan appropriate professional body or, then either Party may request (which request will if this cannot be unreasonably withheld or delayed) agreed, by written notice to the other that Chairman of the Dispute is referred to an Expert for determinationLaw Society of England and Wales. 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 relevant professional body. The Expert shall act on the following basis: he/she the Expert shall act as an expert and not as an arbitrator and shall act fairly and impartially; impartially the Expert's determination shall (shall, in the absence of a material failure to follow by the agreed procedures) Expert, be final and binding on the Partiesparties; and the Expert shall decide the procedure to be followed in the determination (including but not limited to whether further expert evidence is to be provided by the parties or obtained independently by the Expert) and shall be requested to make his/her their determination in writing within thirty (30) Working Days of his 25 working days after their appointment or as soon as reasonably practicable thereafter and the Parties practical thereafter. The parties shall assist and provide the such documentation that and/or information as the Expert requires shall require for the purpose purposes of the determination; any . Any amount payable by one Party party to another as a result of the Expert's determination shall be due and payable within twenty (20) Working Days 20 working days of the Expert's determination being notified to by the Parties; the parties. The process shall be conducted in private and shall be confidential; and the . The Expert shall determine how and by whom the costs of the determination, including his/her the fees and expenses, expenses of the Expert are to be paid.. The parties shall continue to comply with the terms of this Agreement during the determination of the dispute. Force Majeure Neither the CCG nor the Practice shall have any liability to the other for non-performance of its obligations to the extent that this is as a result of a Force Majeure Event, provided the party claiming relief notifies the other party of the event in writing as soon as reasonably practicable. For the purposes of these terms, a Force Majeure Event means: war, civil war, armed conflict or terrorist attack arising within and affecting the United Kingdom; or nuclear, chemical or biological contamination of the CCG's, Supplier’s or Practice's property arising from any of the events as set out in (a) above; or fire and explosion; or an act of God which includes all uncontrollable natural forces and natural disasters including flood, avalanche, storms, unforeseeable accidents or equipment failure which are not the fault of the party relying upon such circumstances but shall specifically exclude any industrial action and any acts or omissions of any employees in the course of their employment or consultants in the course of their engagement; or

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 a financial technical matter of an accounting or other aspect of a technical financing nature (as the Parties may agree) and the Dispute has not been resolved by discussion or mediation), then either Party may request (which such request will shall not be unreasonably withheld or delayeddelayed by the Parties) by written notice to the other that the Dispute is referred to an Expert for determination. The Where the Parties agree to an expert determination, the Expert shall 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 relevant professional body. The Expert shall ; and 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 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.

Expert Determination. 4.1 If a the Dispute relates to any aspect of the technology underlying the provision of the Goods and/or Available Services or otherwise relates to a an ICT technical, financial technical or other aspect of a technical nature (as the Parties may agree) parties to the Dispute agree and the Dispute has not been resolved by discussion or mediationmediation pursuant to Paragraph 2 (Commercial Negotiation) or 3 (Mediation), then either Party party to the Dispute 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. . 4.2 The Expert shall be appointed by agreement in writing between the Partiesparties to the Dispute, 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 relevant professional body. president of: (a) the BCS: The Chartered Institute for IT, in relation to an ICT technical Dispute; or (b) the Law Society, in respect of all other Disputes. 4.3 The Expert shall act on the following basis: : (a) he/she shall act as an expert and not as an arbitrator and shall act fairly and impartially; ; (b) the Expert's determination shall (in the absence of a material failure to follow the agreed procedures) be final and binding on the Parties; parties to the Dispute; (c) 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 his/her appointment or as soon as reasonably practicable thereafter and the Parties parties to the Dispute shall assist and provide the documentation that the Expert requires for the purpose of the determination; ; (d) any necessary remedial acts and/or any amount payable by one Party to the Dispute 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.twenty

Expert Determination. 3.1 If the Agreement expressly requires a Dispute to be referred to expert determination or the Dispute relates to any aspect of the technology underlying the provision of the Goods and/or Services or otherwise relates to a an ICT technical, financial technical or other aspect of a technical nature (as the Parties may agree) parties agree and the Dispute dispute has not been resolved by discussion or mediation, using the process set out in clause 2 then either Party 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. . 3.2 The Expert shall be appointed by agreement in writing between the Partiesparties, but in the event of a failure to agree within ten (10) 10 Working Days, or if the person appointed is unable or unwilling to act, the Expert shall be appointed on the instructions of the relevant professional body. president of the Law Society of Scotland (or any other association that the parties reasonably understand to have replaced it). 3.3 The Expert shall act on the following basis: : 3.3.1 he/she shall act as an expert and not as an arbitrator and shall act fairly and impartially; ; 3.3.2 the Expert's determination shall (in the absence of a material failure to follow the agreed procedures) be final and binding on the Parties; parties; 3.3.3 the Expert shall decide the procedure to be followed in the determination and shall be requested to make his/her determination within thirty (30) 30 Working Days of his appointment or as soon as reasonably practicable thereafter and the Parties parties shall assist and provide the documentation that the Expert requires for the purpose of the determination; ; 3.3.4 any amount payable by one Party party to another as a result of the Expert's determination shall be due and payable within twenty (20) 20 Working Days of the Expert's determination being notified to the Parties; parties; 3.3.5 the process shall be conducted in private and shall be confidential; and and 3.3.6 the Expert shall determine how and by whom the costs of the determination, including his/her fees fess and expenses, are to be paid.

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 a financial technical or other aspect of a technical nature (as the Parties may agree) and the Dispute has not been resolved re- solved 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 ap- pointed is unable or unwilling to act, the Expert shall be appointed on the instructions instruc- tions of the relevant professional body. 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 to follow the agreed procedures) be final and binding on the Parties; the Expert shall decide the procedure to be followed in the determination determina- tion and shall be requested to make his/her determination within thirty (30) Working Days of his appointment or as soon as reasonably practicable practica- ble 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.;

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 a financial technical matter of an IT, accounting or other aspect of a technical financing nature (as the Parties may agree) and the Dispute has not been resolved by discussion or mediationcommercial negotiation in accordance with Paragraph 4 or, if applicable, mediation in accordance with Paragraph 5, then either Party may by written notice to the other request (agreement to which request will shall not be unreasonably withheld or delayed) by written notice to the other that the Dispute is be referred to an Expert expert for determination. The Expert expert shall be appointed by agreement in writing between the Parties, but in the event of a failure to agree within ten (10) 10 Working DaysDays of the relevant request made pursuant to Paragraph 6.1, or if the person appointed is unable or unwilling to act, the Expert expert shall be appointed appointed: if the Dispute relates to any aspect of the technology underlying the provision of the Services or a matter of an IT technical nature, on the instructions of the President of the British Computer Society (or any other association that has replaced the British Computer Society); if the Dispute relates to a matter of a financial technical nature, on the instructions of the President of the Institute of Chartered Accountants of England and Wales; or if the Dispute relates to a matter of a technical nature not falling within Paragraphs 6.2.1(a) or (b), on the instructions of the president (or equivalent) of: an appropriate body agreed between the Parties; or if the Parties do not reach agreement on the relevant professional bodybody within 15 Working Days of the relevant request made pursuant to Paragraph 6.1, such body as may be specified by the President of the Law Society on application by either Party. 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 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) 30 Working Days of his 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) 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.

Expert Determination. If a Dispute relates to any aspect of the technology underlying the provision of the Goods and/or and Services or otherwise relates to a 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 relevant professional body. 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 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 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.

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 a financial technical matter of an accounting or other aspect of a technical financing nature (as the Parties may agree) and the Dispute has not been resolved by discussion or mediation), then either Party may request (which such request will shall not be unreasonably withheld or delayeddelayed by the Parties) 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 relevant professional body. 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 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 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. Either of the Parties may, at any time before court proceedings are commenced and after the Parties have attempted to resolve the Dispute in good faith, by commercial negotiation, mediation and Expert determination (if applicable), refer the Dispute to arbitration in accordance with the provisions of paragraph 5.3 of this Schedule 19. Before the Provider commences court proceedings or arbitration, it shall serve written notice on HSE of its intentions and HSE shall have fifteen (15) Working Days following receipt of such notice to serve a reply (a “Counter Notice”) on the Provider requiring the Dispute to be referred to and resolved by arbitration in accordance with paragraph 5.3 of this Schedule 19 or be subject to the jurisdiction of the courts in accordance with Clause 62 of this Agreement (Governing Law and Jurisdiction). The Provider shall not commence any court proceedings or arbitration until the expiry of such fifteen (15) Working Day period. If: the Counter Notice requires the Dispute to be referred to arbitration, the provisions of paragraph 5.4 of this Schedule 19 shall apply; the Counter Notice requires the Dispute to be subject to the exclusive jurisdiction of the courts in accordance with Clause 62 of this Agreement (Governing Law and Jurisdiction), the Dispute shall be so referred to the courts and the Provider shall not commence arbitration proceedings; HSE does not serve a Counter Notice within the fifteen (15) Working Days period referred to in paragraph 5.2 of this Schedule 19, the Provider may in accordance with the intent stated pursuant to paragraph 5.2 either commence arbitration proceedings in accordance with paragraph 5.4 of this Schedule 19 or commence court proceedings in the courts in accordance with Clause 62 of this Agreement (Governing Law and Jurisdiction) which shall (in those circumstances) have exclusive jurisdiction. In the event that any arbitration proceedings are commenced pursuant to paragraphs 5.1 to 5.3 of this Schedule 19, the Parties hereby confirm that: the dispute (including any issue as to the existence, validity or performance of this Agreement) shall be referred to and finally resolved by arbitration under the Rules of the London Court of International Arbitration (“LCIA”) (subject to paragraphs 5.4.3 and 5.4.6 of this Schedule 19); the arbitration shall be administered by the LCIA; the LCIA procedural rules in force at the date that the Dispute was referred to arbitration shall be applied and are deemed to be incorporated by reference into this Agreement and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules; if the Parties fail to agree the appointment of the arbitrator within ten (10) days from the date on which arbitration proceedings are commenced or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA; the arbitration proceedings shall take place in London and in the English language; and the seat of the arbitration shall be London.

Expert Determination. 5.1 If a Dispute relates to any aspect of the technology underlying the provision of the Goods and/or Services or otherwise relates to a 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. . 5.2 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 relevant professional body. President of the British Computer Society (or any other association that has replaced the British Computer Society). 5.3 The Expert shall act on the following basis: : 5.3.1 he/she shall act as an expert and not as an arbitrator and shall act fairly and impartially; ; 5.3.2 the Expert's determination shall (in the absence of a material failure to follow the agreed procedures) be final and binding on the Parties; ; 5.3.3 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 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; ; 5.3.4 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.twenty

Expert Determination. If a Dispute relates to any aspect of the technology underlying the provision of the Goods and/or and Services or otherwise relates to a 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 relevant professional bodyPresident 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 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.

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 a 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 relevant professional bodyPresident 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 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 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.

Expert Determination. If the parties are to resolve a Dispute dispute through Expert determination, then the parties shall first agree on the appointment of an independent Expert. To the extent the parties are unable to agree on the Expert within 10 working days of either party giving written notice that it intends to refer the dispute to an Expert for determination, then an Expert shall be appointed: in relation to a dispute which relates to any aspect of the technology underlying the provision Services or which is otherwise of a scientifically technical nature, by the Primary Healthcare Specialist Group of the Goods and/or Services British Computer Society (or otherwise relates such association understood by the parties to a financial technical have replaced it); or in relation to any other aspect of a technical nature (as the Parties may agree) and the Dispute has not been resolved dispute, by discussion or mediationan appropriate professional body or, then either Party may request (which request will if this cannot be unreasonably withheld or delayed) agreed, by written notice to the other that Chairman of the Dispute is referred to an Expert for determinationLaw Society of England and Wales. 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 relevant professional body. The Expert shall act on the following basis: he/she the Expert shall act as an expert and not as an arbitrator and shall act fairly and impartially; the Expert's determination shall (shall, in the absence of a material failure to follow by the agreed procedures) Expert, be final and binding on the Partiesparties; and the Expert shall decide the procedure to be followed in the determination (including but not limited to whether further expert evidence is to be provided by the parties or obtained independently by the Expert) and shall be requested to make his/her their determination in writing within thirty (30) Working Days of his 25 working days after their appointment or as soon as reasonably practicable thereafter and the Parties practical thereafter. The parties shall assist and provide the such documentation that and/or information as the Expert requires shall require for the purpose purposes of the determination; any . Any amount payable by one Party party to another as a result of the Expert's determination shall be due and payable within twenty (20) Working Days 20 working days of the Expert's determination being notified to by the Parties; the parties. The process shall be conducted in private and shall be confidential; and the . The Expert shall determine how and by whom the costs of the determination, including his/her the fees and expenses, expenses of the Expert are to be paid.. The parties shall continue to comply with the terms of this Agreement during the determination of the dispute. Force Majeure Neither the CCG nor the Practice shall have any liability to the other for non-performance of its obligations to the extent that this is as a result of a Force Majeure Event, provided the party claiming relief notifies the other party of the event in writing as soon as reasonably practicable. For the purposes of these terms, a Force Majeure Event means: war, civil war, armed conflict or terrorist attack arising within and affecting the United Kingdom; or nuclear, chemical or biological contamination of the CCG's, Supplier’s or Practice's property arising from any of the events as set out in (a) above; or fire and explosion; or an act of God which includes all uncontrollable natural forces and natural disasters including flood, avalanche, storms, unforeseeable accidents or equipment failure which are not the fault of the party relying upon such circumstances but shall specifically exclude any industrial action and any acts or omissions of any employees in the course of their employment or consultants in the course of their engagement; or

Expert Determination. 4.1 If the Agreement expressly requires a Dispute to be referred to expert determination or the Dispute relates to any aspect of the technology underlying the provision of the Goods and/or Services or otherwise relates to a an ICT technical, financial technical or other aspect of a technical nature (as the Parties may agree) parties agree and the Dispute dispute has not been resolved by discussion using the Escalation Process or mediationmediation pursuant to paragraph 3, then either Party 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. . 4.2 The Expert shall be appointed by agreement in writing between the Partiesparties, but in the event of a failure to agree within ten (10) 10 Working Days, or if the person appointed is unable or unwilling to act, the Expert shall be appointed on the instructions of the relevant professional body. president of the Law Society. 4.3 The Expert shall act on the following basis: : 4.3.1 he/she shall act as an expert and not as an arbitrator and shall act fairly and impartially; ; 4.3.2 the Expert's determination shall (in the absence of a material failure to follow the agreed procedures) be final and binding on the Parties; parties; 4.3.3 the Expert shall decide the procedure to be followed in the determination and shall be requested to make his/her determination within thirty (30) 30 Working Days of his appointment or as soon as reasonably practicable thereafter and the Parties parties shall assist and provide the documentation that the Expert requires for the purpose of the determination; ; 4.3.4 any amount payable by one Party party to another as a result of the Expert's determination shall be due and payable within twenty (20) 20 Working Days of the Expert's determination being notified to the Parties; parties; 4.3.5 the process shall be conducted in private and shall be confidential; and and 4.3.6 the Expert shall determine how and by whom the costs of the determination, including his/her fees fess and expenses, are to be paid.

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 a financial technical matter of an accounting or other aspect of a technical financing nature (as the Parties may agree) and the Dispute has not been resolved by discussion or mediation), then either Party may request (which such request will shall not be unreasonably withheld or delayeddelayed by the Parties) by written notice to the other that the Dispute is referred to an Expert for determination. The Where the Parties agree to an expert determination, the Expert shall 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 relevant professional body. The Expert shall ; and 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 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 paidpaid Either of the Parties may, at any time before court proceedings are commenced and after the Parties have attempted to resolve the Dispute in good faith, by commercial negotiation, mediation and Expert determination (if applicable), refer the Dispute to arbitration in accordance with the provisions of paragraph 59.4 of this DMP Schedule 18. The Parties are not obliged to pursue arbitration but may choose to do so in resolving the Dispute. Before the Supplier commences court proceedings or arbitration, it shall serve written notice on the Authority of its intentions and the Authority shall have fifteen (15) Working Days following receipt of such notice to serve a reply (a “Counter Notice”) on the Supplier requiring the Dispute to be referred to and resolved by arbitration in accordance with paragraph 59.4 or be subject to the jurisdiction of the courts in accordance with Clause 49. (Governing Law and Jurisdiction). The Supplier shall not commence any court proceedings or arbitration until the expiry of such fifteen (15) Working Day period. If: the Counter Notice requires the Dispute to be referred to arbitration, the provisions of paragraph 59.4 shall apply; the Counter Notice requires the Dispute to be subject to the exclusive jurisdiction of the courts in accordance with Clause 49. (Governing Law and Jurisdiction), the Dispute shall be so referred to the courts and the Supplier shall not commence arbitration proceedings; the Authority does not serve a Counter Notice within the fifteen (15) Working Day period referred to in paragraph 59.2, the Supplier may either commence arbitration proceedings in accordance with paragraph 59.4 or commence court proceedings in the courts in accordance with Clause 49. (Governing Law and Jurisdiction) which shall (in those circumstances) have exclusive jurisdiction. In the event that any arbitration proceedings are commenced pursuant to paragraphs 59.1 to 59.3, the Parties hereby confirm that: all disputes, issues or claims arising out of or in connection with this Dynamic Marketplace Agreement (including as to its existence, validity or performance) shall be referred to and finally resolved by arbitration under the Rules of the London Court of International Arbitration (“LCIA”) (subject to paragraphs 59.4.5 and 59.4.6); the arbitration shall be administered by the LCIA; the LCIA procedural rules in force at the date that the Dispute was referred to arbitration shall be applied and are deemed to be incorporated by reference into this Dynamic Marketplace Agreement and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules; if the Parties fail to agree the appointment of the arbitrator within ten (10) days from the date on which arbitration proceedings are commenced or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA; the arbitration proceedings shall take place in London and in the English language; and the seat of the arbitration shall be London.

Expert Determination. 5.1 If a Dispute relates to any aspect of the technology underlying the provision of the Goods and/or Services services under this Agreement or otherwise relates to a financial financial, technical or other aspect of a technical nature matter (as the Parties may agree) suitable for determination by an expert 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. . 5.2 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 relevant professional body. . 5.3 The Expert shall act on the following basis: : 5.3.1 he/she shall act as an expert and not as an arbitrator and shall act fairly and impartially; ; 5.3.2 the Expert's determination shall (in the absence of a material failure to follow the agreed procedures) be final and binding on the Parties; ; 5.3.3 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 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; ; 5.3.4 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; ; 5.3.5 the process shall be conducted in private and shall be confidential; and and 5.3.6 the Expert shall determine how and by whom the costs of the determination, including his/her fees and expenses, are to be paid.