Town’s Determination Sample Clauses

Town’s Determination. (1) The amounts payable by the Contractor and the Town under clause 25.6(4) will be determined by an independent arbitrator, acting reasonably. (2) The independent arbitrator will give notice of his or her determination under this clause to the Contractor. Subject to this clause, any amounts payable must be paid within 14 days of the receipt of notice of the independent arbitrator’s determination. (3) The Town may retain any moneys payable to the Contractor, until any amount payable by the Contractor to the Town has been determined by the independent arbitrator pursuant to this clause and paid by the Contractor.
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Town’s Determination. (1) The amounts payable by the Contractor and the Town under clause 25.6(4) will be determined by an independent arbitrator, acting reasonably.
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Related to Town’s Determination

  • Expert Determination If a Dispute relates to any aspect of the technology underlying the provision of the Goods and/or Services or otherwise relates to a financial technical or other aspect of a technical nature (as the Parties may agree) and the Dispute has not been resolved by discussion or mediation, then either Party may request (which request will not be unreasonably withheld or delayed) by written notice to the other that the Dispute is referred to an Expert for determination. The Expert shall be appointed by agreement in writing between the Parties, but in the event of a failure to agree within ten (10) Working Days, or if the person appointed is unable or unwilling to act, the Expert shall be appointed on the instructions of the relevant professional body. The Expert shall act on the following basis: he/she shall act as an expert and not as an arbitrator and shall act fairly and impartially; the Expert's determination shall (in the absence of a material failure to follow the agreed procedures) be final and binding on the Parties; the Expert shall decide the procedure to be followed in the determination and shall be requested to make his/her determination within thirty (30) Working Days of his appointment or as soon as reasonably practicable thereafter and the Parties shall assist and provide the documentation that the Expert requires for the purpose of the determination; any amount payable by one Party to another as a result of the Expert's determination shall be due and payable within twenty (20) Working Days of the Expert's determination being notified to the Parties; the process shall be conducted in private and shall be confidential; and the Expert shall determine how and by whom the costs of the determination, including his/her fees and expenses, are to be paid.