Neutral Evaluation Clause Samples

Neutral Evaluation. 45.1 Where a dispute is referred to neutral evaluation, the evaluator will where appropriate: (a) identify the issues in the dispute; (b) assess the strengths of each party's case; (c) structure a plan for the progress of the case; (d) encourage settlement of the dispute; and (e) provide the parties with a non- binding opinion or recommendation to resolve the dispute.

Neutral Evaluation. This condition applies to Sinkhole Losses. Following receipt by us of a report from a professional engineer or professional geologist on the cause of loss and recommendations for stabilizing the land and building and foundation repairs, or if we deny your claim, either party may file a request with the Florida Department Of Financial Services (the Department) for neutral evaluation in accordance with the rules established by the Department. In this event, you and we shall mutually select a neutral evaluator from a list maintained by the Department. If you and we fail to agree to a neutral evaluator within 10 business days, the Department shall appoint a neutral evaluator. The neutral evaluation conference shall be held within 45 days after the receipt of the request by the Department. The recommendation of the neutral evaluator will not be binding on you or us. We will pay the costs associated with the neutral evaluation.

Neutral Evaluation. The parties can voluntarily agree at any time to have an independent party render a neutral evaluation of the parties’ respective positions. EXHIBIT 5 Page 22 of 23 K. Recovery of Attorney Fees and Expenses i. Motions to Compel Nothwithstanding any other provisions of these Rules, any Party subject to the License Agreements (for purposes of this Section K and all of its subsections only hereinafter referred to collectively and individually as a “Party”) that initiates a court action or administrative proceeding solely to compel adherence to these Rules shall not be determined to have violated these Rules by initiating such action or proceeding.

Neutral Evaluation. Where a dispute is referred to neutral evaluation, the evaluator will where appropriate, :

Neutral Evaluation. Following receipt by us of a report from a professional engineer or professional geologist on the cause of loss and recommendations for stabilizing the land and building and foundation repairs, or if we deny your claim, either party may file a request with the Florida Department of Financial Services (the Department) for neutral evaluation in accordance with the rules established by the Department. In this event, you and we shall mutually select a neutral evaluator from a list maintained by the Department. If you and we fail to agree to a neutral evaluator within 14 business days, the Department shall appoint a neutral evaluator. The neutral evaluator shall make reasonable efforts to hold the conference within 90 days after the receipt of the request by the department. Failure of the neutral evaluator to hold the conference within 90 days does not invalidate either party’s right to neutral evaluation or to a neutral evaluation conference held outside this timeframe. The recommendation of the neutral evaluator will not be binding on you or us. We will pay the reasonable costs associated with the neutral evaluation.