RESOLUTION BY FINANCIAL EXPERT Clause Samples

RESOLUTION BY FINANCIAL EXPERT. If the parties cannot resolve all matters in dispute within the thirty day period, all unresolved matters shall be submitted to the Financial Expert for resolution, and the Financial Expert shall be given access to all materials and information reasonably requested by it for that purpose and will be provided with all other materials or submissions as either party considers to be relevant, acting reasonably. The Financial Expert will act as an expert and not as an arbitrator. As promptly as practicable, the Financial Expert will deliver a written report to the parties setting forth its opinion as to the resolution of the matters in dispute. The Financial Expert's opinion of all of the matters in dispute shall be final and binding on both parties absent error and shall not be subject to appeal by either party absent error. The fees and expenses of the Financial Expert shall be borne equally by the parties. The Draft Working Capital Statement shall be modified to the extent required to give effect to the Financial Expert's opinion and shall be deemed to have been approved as of the date of that modification. Once the Working Capital Statement has been deemed to have been approved or approved by the Buyer or determined by the Financial Expert: