Independent Expert definition
Examples of Independent Expert in a sentence
The final determination of the disputed items by the Independent Expert shall be final and binding upon the parties (absent manifest error or fraud) and an order may be entered in respect thereof by a court having jurisdiction over the party against which such determination is to be enforced.
Notwithstanding anything herein to the contrary, there shall be no ex parte communications with the Independent Expert without the other party’s prior written consent.
The terms of appointment and engagement of the Independent Expert shall be as agreed upon between the parties in writing.
All fees and expenses relating to the work, if any, performed by the Independent Expert shall be borne by Seller and Purchaser in inverse proportion to the allocation of the dollar value of the amounts in dispute between Seller and Purchaser resolved by the Independent Expert, such that the party prevailing on the greatest dollar value of such disputes pays the lesser proportion of the fees.
The parties shall instruct the Independent Expert to render its decision as to such disputed items and the effect of its decision on the Closing Statement not later than sixty (60) days (or such longer period as mutually agreed in writing (email sufficient) by the parties) after the date of such submission.