Examples of Independent Accountant in a sentence
The Independent Accountant will be instructed to resolve the Objections and such resolution shall be (a) set forth in writing and signed by the Independent Accountant, (b) delivered to Buyer and Seller as soon as practicable after the Objections are submitted to the Independent Accountant but not later than the 30th day after such submission, (c) made in accordance with this Agreement, and (d) absent fraud or manifest error, conclusive and binding on the Parties on the date of delivery of such resolution.
With respect to each such Objection, the Independent Accountant may not assign any value that is greater than the highest value for such amount claimed by either Seller or Buyer or that is less than the lowest value for such amount claimed by either Seller or Buyer, in each case, as presented to the Independent Accountant.
The costs and fees of the Independent Accountant will be paid by Seller on the one hand, and Buyer on the other hand, in the inverse proportion that the contested amounts relating to the Objections submitted to the Independent Accountant and awarded to such Party bears to the total contested amounts relating to such Objections, as determined by the Independent Accountant.
Following Xxxxx’s and Seller’s mutual agreement upon, or if applicable the determination by the Independent Accountant of, the Closing Date Working Capital Amount, the Purchase Price shall be adjusted as described herein.
The Independent Accountant shall only decide the Objections submitted to it.