Technical Dispute. Technical Disputes shall be resolved by an independent expert. For the purposes of this Agreement, a “Technical Dispute” shall mean a Dispute regarding whether the System conforms to the technical specifications, whether the relevant part of the Site where the System is located meets the required site characteristics, whether the Performance Tests contemplated by the System commissioning plan (Exhibit F) have been satisfied, and any other Disputes of a technical or engineering nature. Costs for the technical evaluation by the third party shall be carried by the District. All Technical Disputes shall be resolved on an accelerated basis by one of the following institutions unless otherwise agreed in writing by Contractor and District:
Technical Dispute. If there is a dispute over any work performed under this Agreement, including the scope or accuracy of the Inspection Report, or the sufficiency of the Post-Construction Repairs performed by XXXX or the NEMO Parties, then the Parties shall make a good faith effort to resolve the dispute through negotiation. If negotiation efforts are unsuccessful or upon written demand by either Party, the Parties shall, within 21 calendar days select an independent civil engineering firm that regularly practices and has experience in roadway construction and design standards in Missouri and is mutually acceptable to both Parties (“Neutral Engineer”). The Parties and the Neutral Engineer shall promptly agree to procedures for submitting information to the Neutral Engineer and for an on-site inspection (if needed) by the Neutral Engineer. The Neutral Engineer shall complete its review and inspection within 30 calendar days after engagement by the Parties and issue a non-binding written report of its findings. NEMO shall pay the reasonable fees of the Neutral Engineer in performing its review and inspection. If the Parties are unable to resolve the dispute using the procedures in Section 8, either Party may initiate litigation in the [Circuit Court of Knox County, Missouri]. Nothing in this Section 8.1 shall be construed as a waiver by either Party of its right to bring a claim against the other Party in law or in equity.
Technical Dispute. The dispute concerning a particular event or act, whose resolution depends on the exclusive application of standards, rules, criteria, concepts and/or parameters strictly technical, environmental impact study plans or occupational safety and health.
Technical Dispute. (a) If the dispute in the notice given under clause 8.1 is a technical dispute, andthe Parties fail to reach agreement within 20 Business Days of the date on which the Parties’ representatives meet pursuant to clause 8.2(b), the technical dispute will be referred for independent expert determination.
Technical Dispute. Technical Disputes shall be resolved by an independent expert. For the purposes of this Agreement, a “Technical Dispute” shall mean a Dispute regarding whether the Park conforms to the Technical Specifications (Schedule 4.1), whether the relevant part of the Site where the Park is located meets the required site characteristics (Schedule 4.9), whether the tests contemplated by the Unit commissioning plan (Schedule 4.6) have been satisfied, and any other Disputes of a technical or engineering nature. All Technical Disputes shall be resolved on an accelerated basis by one of the following institutions unless otherwise agreed in writing by Contractor and Owner:
Technical Dispute. For the purposes of this Schedule A, a “Technical Dispute” is defined as any Dispute which the parties agree is best resolved by referring the Dispute to an independent fact finder with expertise in the subject matter of the Dispute (“Expert”). All Technical Disputes shall be resolved by alternative dispute resolution as follows:
Technical Dispute. For the purposes of this Schedule, a “Technical Dispute” is defined as any Dispute which the Parties agree is best resolved by referring the Dispute to an independent fact finder with expertise in the subject matter of the Dispute (“Expert”). All Technical Disputes will be submitted to administered expert proceedings in accordance with the Rules for the Administration of Expert Proceedings of the International Chamber of Commerce (“ICC”) in effect at the time of the referral. The Parties shall agree on the Expert; provided, however, that if the Parties do not reach agreement on the Expert within fifteen (15) days of the submission to the ICC, or such further period as the Parties shall agree in writing, the Expert shall be appointed by the ICC. As part of any determination (“Expert Determination”), the Expert shall apportion the costs of the Technical Dispute on the basis of the principle that the unsuccessful Party should pay the reasonable and properly documented costs and expenses of the successful Party.
Technical Dispute. If a dispute arises between the Parties whether and/or to which extent the implementation of any Change in Specifications is reasonably required to comply with the requirements set by the FDA (a “Technical Dispute”), the Parties will make commercially reasonable efforts to resolve the dispute by amicable negotiations. The Technical Dispute shall be referred to the JSC first to engage in negotiations and then the Executives of each Party will, as soon as possible and in any event no later than [***] (or other mutually agreeable period) after a written request from either Party to the other, meet in good faith to resolve any Technical Dispute. If, despite this meeting, the Parties are unable to resolve the Technical Dispute within a reasonable time, and in any event within [***]of the written request, the Technical Dispute will, at the written request of either Party, be referred for determination to an expert in the substantive technical area involved in the dispute selected by mutual agreement of the Parties (acting as an expert and not as an arbitrator). Notwithstanding any contrary terms in this CSA, the costs of the expert(s) (including any costs of appointment through any applicable arbitration organization) shall be shared equally by the Parties unless the expert determines that one Party’s position was manifestly unreasonable, in which case such Party shall bear all of such costs. If, within [***] of the written request for appointment of an expert, the Parties cannot mutually agree upon the expert to be used, they shall instead follow the dispute resolution process under Section 19 Governing Law; Dispute Resolution for all purposes of resolving the Technical Dispute. Each Party will provide the expert(s) or arbitrators, as applicable, with an initial, detailed statement of the issues in dispute and such Party’s position on such issues. Each Party shall promptly provide the expert(s) with all information requested by him or her to aid in resolution of the dispute. The decision of the expert or arbitrators, as applicable, shall be final and binding upon the Parties.
Technical Dispute. (a) In the event of any Dispute solely regarding any technical matter arising out of, or relating to or in connection with the operation of the Vessel (a Technical Dispute), or if any Dispute concerns the Operating Cost Component (an Operating Cost Dispute) (to the extent that the Parties agree that it is a Technical Dispute or an Operating Cost Dispute), and the parties are unable to negotiate a settlement of that Technical Dispute or Operating Cost Dispute within 15 Business Days of the date of the notice of the Dispute (or such further period as is agreed in writing between the parties before the expiry of the 15 Business Day period) any Party may refer the Technical Dispute or Operating Cost Dispute to an independent expert (the Expert) for the Expert's determination in accordance with the following provisions of this Clause 65.2 or to arbitration in accordance with Clauses 65.3 and 65.4 and Schedule 3. In any other case, the Dispute shall be resolved in accordance with Clauses 65.3 and 65.4 and Schedule 3.
Technical Dispute. All Disputes of a purely technical nature (“Technical Disputes”) shall be resolved on an accelerated basis by one of the following institutions unless otherwise agreed in writing by the Operator and Owner; Sandia National Laboratories; National Renewable Energy Laboratory; and Arizona State University Photovoltaic Test Lab.
