Common use of Expert Review Clause in Contracts

Expert Review. 3.3.1 This Clause 3.3 only applies where the Base Access Charge elements and/or any other changes to this Schedule are referred to an expert for review pursuant to Clause 3.2 of this Schedule 3. 3.3.2 Where a matter is to be referred to an expert pursuant to Clause 3.2 of this Schedule, the matter must be referred for determination by a person: (a) who is appointed by the Parties, or in default of such appointment within fourteen (14) days after either Party giving notice in writing to the other Party requiring the appointment of an expert then that person is to be nominated at either Party’s request by the President for the time being of the Australian Society of Certified Practising Accountants; (b) who has appropriate qualifications and practical experience having regard to the nature of the matter in dispute; (c) who has no interest or duty which conflicts or may conflict with his function as expert, he being required to fully disclose any such interest or duty by written notice to the Parties before his appointment; (d) who is not an employee of the Operator, anthe End User or QRAurizon Network or of a Related Body Corporate of any of them; (e) who shall not be permitted to act until he has given written notice to both Parties that he is willing and able to accept the appointment; and (f) who shall be deemed to be and shall act as an expert and not an arbitrator and the law relating to arbitration including without limitation, the Commercial Arbitration Act 1990 (Qld) shall not apply to him or his determination or the procedures by which he may reach his determination.

Expert Review. 3.3.1 2.3.1 This Clause 3.3 only applies where the Base Access Charge elements elements, TOP Charges methodology and/or any other changes to this Schedule are referred to an expert for review pursuant to Clause 3.2 of this Schedule 3. 3.3.2 2.3.2 Where a matter is to be referred to an expert pursuant to Clause 3.2 of this Schedule, the matter must be referred for determination by a person: (a) who is appointed by the Parties, or in default of such appointment within fourteen (14) days after either Party giving notice in writing to the other Party requiring the appointment of an expert then that person is to be nominated at either Party’s Party‟s request by the President for the time being of the Australian Society of Certified Practising Accountants; (b) who has appropriate qualifications and practical experience having regard to the nature of the matter in dispute; (c) who has no interest or duty which conflicts or may conflict with his function as expert, he being required to fully disclose any such interest or duty by written notice to the Parties before his appointment; (d) who is not an employee of the OperatorEnd User, anthe End User Operator or QRAurizon QR Network or of a Related Body Corporate of any of them; (e) who shall not be permitted to act until he has given written notice to both Parties that he is willing and able to accept the appointment; and (f) who shall be deemed to be and shall act as an expert and not an arbitrator and the law relating to arbitration including without limitation, the Commercial Arbitration Act 1990 (Qld) shall not apply to him or his determination or the procedures by which he may reach his determination.Schedule 3 Calculation of TOP Charges

Expert Review. 3.3.1 2.3.1 This Clause 3.3 2.3 only applies where the Base Access Charge elements elements, TOP Charges methodology and/or any other changes to this Schedule are referred to an expert for review pursuant to Clause 3.2 2.2 of this Schedule 3. 3.3.2 2.3.2 Where a matter is to be referred to an expert pursuant to Clause 3.2 2.2 of this Schedule, the matter must be referred for determination by a person: (a) who is appointed by the Parties, or in default of such appointment within fourteen (14) days after either Party giving notice in writing to the other Party requiring the appointment of an expert then that person is to be nominated at either Party’s request by the President for the time being of the Australian Society of Certified Practising Accountants; (b) who has appropriate qualifications and practical experience having regard to the nature of the matter in dispute; (c) who has no interest or duty which conflicts or may conflict with his function as expert, he being required to fully disclose any such interest or duty by written notice to the Parties before his appointment; (d) who is not an employee of the OperatorEnd User, anthe End User Operator or QRAurizon QR Network or of a Related Body Corporate of any of them; (e) who shall not be permitted to act until he has given written notice to both Parties that he is willing and able to accept the appointment; and (f) who shall be deemed to be and shall act as an expert and not an arbitrator and the law relating to arbitration including without limitation, the Commercial Arbitration Act 1990 (Qld) shall not apply to him or his determination or the procedures by which he may reach his determination.