The Expert Sample Clauses

The Expert. Accountant shall act in accordance with Article 1592 of the Code Civil and its determination of any matter falling within its assignment shall be final and binding on the Parties save in the event of manifest error (erreur grossière). In particular, its determination of the Closing Net Financial Debt and the Closing Accounts shall be deemed to be respectively the Closing Adjusted Net Financial Debt and the Closing Contractually Adjusted Accounts, which shall then be final and binding on the Purchaser and the Seller for the purpose of determining the Purchase Price.
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The Expert. The expert appraisal is to be conducted by: (a) the independent industry expert specified in Item 32(b); or (b) where: (i) no such person is specified; or (ii) the independent industry expert specified in Item 32(b) or person appointed under this clause: (A) is unavailable; (B) declines to act; or (C) does not respond within 14 days to a request by one or both parties for advice as to whether he or she is able to conduct the appraisal, a person appointed by the President for the time being of the Institute of Arbitrators and Mediators Australia.
The Expert. (a) The Expert appointed under clause 12.3 should be of a discipline most closely associated with the type of issue in Dispute. Despite this clause
The Expert. The expert determination under subclause 30.3 is to be conducted by:
The Expert. (a) The Expert shall conduct the reference and make his decision in accordance with the Procedural Rules. (b) In the event that the Expert shall become unable or unwilling to act either at all or on such occasions or for such periods as to render it necessary or expedient for a replacement to be appointed then the parties shall agree and appoint such replacement. (c) In the event of disagreement between the parties as to the necessity or expediency of appointing a replacement then the matter shall be referred to Dispute Resolution pursuant to Clause 14.16.
The Expert. (a) The expert determination under clause 12.2 is to be conducted by: (i) the independent industry expert specified in the Contract Particulars; or (ii) where no such independent industry expert is specified or paragraph (b) applies, an independent industry expert appointed by the person specified in the Contract Particulars. (b) If the expert appointed under this clause 12.3: (i) is unavailable; (ii) declines to act; (iii) does not respond within 14 days to a request by one or both parties for advice as to whether he or she is able to conduct the determination; (iv) does not enter into the agreement in accordance with clause 12.9(b) within 14 days of his or her appointment under this clause 12; or (v) does not make a determination within the time required by clause 12.8, the jurisdiction of the expert shall lapse and a further expert must be appointed under paragraph (a).
The Expert. 4.1 Subject to clause 4.2, KPMG shall be the Expert for the purposes of this Instrument.
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The Expert. 4.3.1 An Expert will only be remunerated for services provided to the Client under an Engagement Agreement where such services are designated by Arbolus in writing in advance as paid services. Where Xxxxxxx initially contacts an Expert and undertakes a telephone vetting call to determine such Expert’s eligibility for a Project or to discuss a particular Scope, such contact merely constitutes an attempt at determining such Expert’s potential suitability, and no remuneration will be due to such Expert for such contact. In the case of early termination of an Engagement Agreement, the Client will be liable to pay any Fees incurred up to that termination date, and the Expert will only be eligible for Fees that relate to work already carried out. Following any such vetting discussion with Xxxxxxx, the Client may wish to undertake an introductory call or send messages via the platform to such Expert in order to assess their relevance for the Project in question. Such communication is for the purposes of the Client undertaking vetting, and no remuneration will be due to such Expert for such introductory call. 4.3.2 An Expert will not be compensated for preparation time, wait time or time set aside if an Engagement Agreement is not executed or if it is executed but no information is provided under it to the Client. 4.3.3 Where an Engagement Agreement provides for an Interaction to be charged at an hourly rate, unless otherwise confirmed to the Expert by Xxxxxxx in writing in advance, remuneration for Interactions lasting part of an hour will be prorated with no minimum. For example, where an Interaction takes 45 minutes, the Expert will be compensated at 75% of the agreed hourly rate. All prorated payments will be rounded up or down to the nearest 15 minute increment. For example, where an Interaction takes 1 hour and 12 minutes, the Expert will be compensated an extra 25% of their expert rate. Where an Interaction takes 1 hour and 4 minutes, for example, the Expert will be compensated for the hour, 100% of their rate. 4.3.4 Payment of remuneration due to an Expert under an Engagement Agreement for an Interaction will be made by Arbolus within 30 days after such Interaction (unless explicitly agreed otherwise). 4.3.5 Arbolus will collect bank details and process payments to Expert via a third party, Xxxxxxx.xxx. The Expert will be requested to agree to their T&Cs and to provide correct bank details to ensure swift receipt of payment. 4.3.6 The Expert is solely resp...
The Expert. (a) The Expert appointed under clause 12.3 should be of a discipline most closely associated with the type of issue in Dispute. Despite this clause 12.4(a), the Expert appointed by the President will be deemed to be of a discipline most closely associated with the type of issue in Dispute. (b) The Expert must act as an expert and not as an arbitrator and the Expert’s decision will be final and binding on the parties unless a party gives notice of appeal to the other party within 21 days of the date of receipt of the determination and is to be given effect to by the parties unless and until it is reversed, overturned or otherwise changed in any litigation. (c) The fees of the Expert will be payable by the parties as directed by the Expert.
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