Expert Panel. For the purposes of Section 15.4(iv), the “fair market value” shall be agreed by the Parties, or if the Parties are unable to agree within [*****] from the date of election in accordance with Section 15.2, either Party may refer the matter to be determined by a panel of experts in accordance with this Section 15.5. The Parties shall agree on the appointment of the panel of experts, comprising three (3) members experienced in the biopharmaceutical sector, in transactions within the biopharmaceutical sector, and the valuation of technology of the biopharmaceutical sector, and shall agree with the experts the terms of their appointment. If the Parties are unable to agree on the identity of the experts within [*****] after expiry of the aforementioned term [*****] term, or if any of the persons proposed is unable or unwilling to act, then each Party shall nominate one expert, which two experts shall together select the third and final expert, who shall preside the expert panel. The experts shall act on the following basis: (i) on their appointment, the experts shall confirm their neutrality, independence and the absence of conflicts in determining the fair market value for the rights granted pursuant to this Section 15; (ii) the experts shall act as experts and not arbitrators; (iii) the experts’ determination shall (in the absence of manifest error) be final and binding on the Parties and not subject to appeal; (iv) the experts shall decide the procedure to be followed in the determination in accordance with this Agreement; (v) the costs of the determination, including the fees and expenses of the experts (but excluding the parties’ own costs which shall be borne by the Party incurring those costs), shall be borne by GSK; and (vi) the expert determination and all matters connected with it shall be held in complete confidence by each of the Parties and shall not be disclosed to any other person except as permitted under Section 11.
Expert Panel. (a) In the event of a dispute between the Parties concerning a Technical Development Matter, any Budget Dispute or a dispute referred to in Section 14.2(b) that cannot be resolved by the Executive Officers pursuant to Section 3.11(b) (other than a Legal Dispute), either Party may by written notice to the other Party require the specific issue in dispute to be submitted to a panel of experts ("Expert Panel") in accordance with this Section 10.4 (for the avoidance of doubt, it is understood that, subject to Section 10.4(e), in the case of a Budget Dispute first submitted to the Expert Panel, the specific issue shall be limited to the overall commercial reasonableness of the Disputed Budget). Such notice shall contain a statement of the issue forming the basis of the dispute, the position of the moving Party as to the proper resolution of that issue and the basis for such position. Within fifteen (15) days after receipt of such notice, the responding Party shall submit to the moving Party a statement of its conception of the specific issue in question, its position as to the proper resolution of that issue and the basis for such position.
Expert Panel. In the event of a dispute by the Parties (*) that cannot be resolved as set forth therein, either Party may by written notice to the other Party require the specific issue in dispute to be submitted to a panel of experts ("Expert Panel") in accordance with this Section 18.3. Such notice shall contain a statement of the issue forming the basis of the dispute and the position of the moving Party as to the proper resolution of that issue. Within fifteen (15) days after receipt of such notice, the responding Party shall submit to the moving Party a statement of its conception of the specific issue in question and of its position as to the proper resolution of that issue. Within twenty (20) days of the responding Party's response, each Party shall appoint to the Expert Panel an individual who has expertise in the biotechnology industry and the specific matters at issue and who is not affiliated with such Party, and give the other Party written notice thereof. Thereafter, the two (2) appointed experts shall select a third expert within fifteen (15) days after receipt from the Parties of a list of proposed experts having expertise in the biotechnology industry and the specific matters at issue. Each expert shall agree prior to his or her appointment to hear the dispute promptly and render a decision as soon as practicable thereafter. The Expert Panel shall convene in English in New York. The experts shall not amend this AGREEMENT, but shall seek to fashion a remedy consistent with the Parties' intentions set forth in this Agreement. The agreement of two (2) of the three (3) experts shall be sufficient to render a decision, and the Parties shall abide by such decision.
Expert Panel. In the event of a dispute by the Parties concerning a Technical Development Matter that cannot be resolved by the Executive Officers pursuant to Section 3.12(b) (other than a Legal Dispute or any dispute concerning any proposed amendment of the Initial Co-Development Plan), either Party may by written notice to the other party require the specific issue in dispute to be submitted to a panel of experts (“Expert Panel”) in accordance with this Section 10.4. Such notice shall contain a statement of the issue forming the basis of the dispute and the position of the moving Party as to the proper resolution of that issue. Within fifteen (15) days after receipt of such notice, the responding Party shall submit to the moving Party a statement of its conception of the specific issue in question and of its position as to the proper resolution of that issue. Within twenty (20) days of the responding Party’s response, each Party shall appoint to the Expert Panel an individual who (i) has expertise in the pharmaceutical or biotechnology industry and the specific matters at issue, (ii) is not a director, employee or consultant of, or otherwise receiving compensation or other payments from such Party, and (iii) has no known personal financial interest or benefit in the outcome or resolution of the dispute, and the appointing Party shall give the other Party written notice of such appointment; provided that for such appointment to be effective and for such individual to serve on the Expert Panel, such individual must deliver to the other Party a certificate confirming that such individual satisfies the criteria set forth in clauses (i) through (iii) above and that, as a member of the Expert Panel, such individual is able to render an independent decision. Each Party shall, within the same twenty (20) day period, provide its designated expert with a list of three (3) additional experts in the biotechnology industry and the specific matters at issue who meet the same criteria as described above. Thereafter, the two (2) appointed experts shall select a third expert from the list of experts provided by the Parties. Each expert shall agree, prior to his or her appointment, to name such third expert, and hear the dispute, promptly and render a decision as soon as practicable thereafter. The experts shall not amend this Agreement, but shall seek to fashion a remedy consistent with the Parties’ intentions as set forth in this Agreement. The agreement of two (2) of the three (3) e...
Expert Panel. (a) In the event of a dispute between the Parties concerning a Technical Development Matter or a dispute referred to in Section 14.2(b) that cannot be resolved by the Executive Officers pursuant to Section 3.10(b) (other than a Legal Dispute or any dispute concerning any proposed amendment to the Initial Development Plan), either Party may by written notice to the other Party require the specific issue in dispute to be submitted to a panel of experts (“Expert Panel”) in accordance with this Section 10.4. Such notice shall contain a statement of the issue forming the basis of the dispute, the position of the moving Party as to the proper resolution of that issue and the basis for such position. For disputes referred to the Expert Panel arising under Section 3.10(a)(iii), the Expert Panel in resolving the dispute shall balance the relative benefits and harm to each Party from the matter in dispute in connection with the applicable Licensed Product in the Territory and Excluded Territory. Within fifteen (15) days after receipt of such notice, the responding Party shall submit to the moving Party a statement of its conception of the specific issue in question, its position as to the proper resolution of that issue and the basis for such position.
Expert Panel. If the Parties fail to resolve an Expert Panel Dispute by escalation to Executive Officers, either Party may submit such Expert Panel Dispute for resolution in accordance with the following procedure:
Expert Panel. (a) Any (i) [***], (ii) [***], (iii) (w) [***] or (x) [***] (iv) [***], (v) Dispute as to whether [***] (vi) Dispute with respect to (x) [***] (including [***]), (y) [***] or (z) [***] (vii) [***] or (viii) [***]; and which, in each case of [***], remains unresolved pursuant to Section 8.10.2 (JSC Decisions) and Section 16.6.2 (Dispute Escalation) (each of (i)-(viii), an “Expert Panel Dispute”), shall be determined by an expert panel in accordance with this Section 16.6.3 (Expert Panel). Either Party may, by written notice to the other Party within [***] after failure to resolve the dispute pursuant to Section 16.6.2 (Dispute Escalation), require the specific issue in dispute to be submitted to a panel of experts (“Expert Panel”) in accordance with this Section 16.6.3 (Expert Panel). Such notice shall contain a [***].
Expert Panel. The Department will work with the Contractor to put in place arrangments to ensure that expert advice is available to support the evaluation study without compromising the integrity and governance arrangments of the SEND pathfinder programme or wider SEN and disability agenda.
Expert Panel. Within thirty (30) days of the receipt of the notice from Hydro referred to in subsection 15.5.2 of this Article, the members of the Executive Implementation Committee shall each appoint a person appropriately qualified in relation to the subject matter of the dispute, and the persons so appointed shall constitute an expert panel (the "Expert Panel") for the purposes hereinafter set out in this section.
Expert Panel. Using the identifies priorities and review of the literature, experts will be selected to 1) add their knowledge through submitted papers and presentations, 2) participate in active dialogues and 3) develop consensus statements using a modified Delphi type processes based on the information presented and discussed. The expert panel will be primarily occupational therapists and other experts from related fields that work with or contribute to occupational therapy practice knowledge. The priorities for the expert meeting, devised from the identified gaps are: • PRIORITY: Are there assessment that can distinguish between the driver and non-driver for diagnostic groups. What groups of assessments could be and or should be used with different diagnostic groups? When is specificity necessary? What is the evidence for justifying referral for a comprehensive driver evaluation (when is it justified to make the driving competence decision without a full CDE). There is a logical continuum from Medical Guidelines to the DMV and need to referral the specialist, which will advise occupational therapy program growth. • 2ND PRIORITY: What is the best method of defining the line between specialist and generalist? How can the defining line be described in order to best encourage meaningful program growth and meet the needs of the client and society? • 2ND & RELATED PRIORITY: How skilled does the specialist need to be? When does one “become” a driver rehabilitation specialist and what does that mean? Practically speaking, what minimum skill set is required to “offer driving rehabilitation services” to the public? (What training and skill set can be “packaged” to encourage program growth?)
