Common use of Replacement of Independent Expert Clause in Contracts

Replacement of Independent Expert. (a) If, prior to resolution of an Independent Expert Dispute, an Independent Expert appointed under this clause 25 dies or is, due to some other cause (including illness, bankruptcy, or death or illness of a family member), unable to commence or to continue acting (or refuses to commence or to continue acting) in order to determine the Independent Expert Dispute, then the Parties must endeavour to agree upon the appointment of a new Independent Expert within 3 Business Days of the service of notice by a Party requiring the appointment of a replacement Independent Expert.