Common use of Written Submissions Clause in Contracts

Written Submissions. Within 5 Business Days after the date this expert determination process begins, the Party who gave notice under clause [# insert clause] of the Relevant Agreement (Party A) must give the other Party and the Expert a written statement of the Matter referred for Expert determination, any agreed statement of facts and a written submission on the Matter in support of Party A's contentions. Within 5 Business Days after the statement in section 3(a) is served, the other Party must give Party A and the Expert a written response to Party A's submissions. If the Expert considers it appropriate, Party A may reply in writing to the other Party's response in section 3(b) within the time allowed by the Expert. If the Expert decides further information or documentation is required for the determination of the Matter, the Expert may direct one or more Parties to provide such further submissions, information or documents as the Expert may require. The Expert must disclose to both Parties all information and documents received. If a Party fails to make a written submission, the Expert may continue with the process. The Expert may, if he or she thinks appropriate, call a conference of the Parties. Unless the Parties agree otherwise, the conference will be held in Melbourne, Australia. At least 5 Business Days before the conference, the Expert must notify the Parties of the date, venue and agenda for the conference. The Parties must appear at the conference and may make submissions on the subject matter of the conference. If a Party fails to appear at a conference of which that Party had been notified under section 4(b), the Expert and the other Party may nevertheless proceed with the conference and the absence of that Party will not terminate or discontinue the expert determination process. The Parties: may be accompanied at a conference by legal or other advisers; and will be bound by any procedural directions given by the Expert in relation to the expert determination process. The conference must be held in private. If required by any Party, transcripts of the conference proceedings must be taken and made available to the Expert and the Parties.