Neutral Arbiter definition

Neutral Arbiter means the “big fouraccounting firm mutually agreed to by the Seller and Buyer in writing (it being acknowledged and agreed that at the time of determination such accounting firm shall not be providing audit services to the Seller, Buyer and/or any of their respective Subsidiaries); provided, if Buyer and the Seller are unable to mutually agree upon such an accountant within a ten day period, then Buyer and the Seller shall each select a nationally recognized accountant and within five days after their selection, those two accountants shall select a third nationally recognized accountant, which third accountant shall act as the Neutral Arbiter.
Neutral Arbiter means such independent accounting firm as Seller and Buyer mutually agree in writing; provided, if Buyer and Seller are unable to mutually agree upon such an accountant within a ten (10) day period, then Buyer and Seller shall each select a nationally recognized accountant and within five (5) days after their selection, those two accountants shall select a third nationally recognized accountant, which third accountant shall act as the Neutral Arbiter.

Examples of Neutral Arbiter in a sentence

  • The fees and expenses of the Neutral Arbiter shall be allocated to be paid by Buyer, on the one hand, and/or the Seller, on the other, based upon the percentage which the portion of the contested amount not awarded to each party bears to the amount actually contested by such party, as determined by the Neutral Arbiter.

  • The determination of the Neutral Arbiter shall be final, binding and conclusive.

  • Buyer and the Seller shall request that the Neutral Arbiter render a determination as to each unresolved Item of Dispute within thirty days after its retention, and the Parties shall cooperate fully with the Neutral Arbiter so as to enable it to make such determination as quickly and as accurately as practicable.

  • The Neutral Arbiter will determine the allocation of its costs and expenses based on the inverse of the percentage which its award (before such allocation) bears to the total amount of the total items in arbitration as originally submitted to it.

  • If Buyer and Sellers’ Representative are unable to reach such agreement during such period, they shall promptly thereafter cause the Neutral Arbiter promptly to review the disputed items or amounts for the purpose of calculating Closing Current Assets and Closing Current Liabilities in accordance with the provisions of this Agreement.

  • Any disputes regarding such revisions to the Allocation Schedule shall be resolved by the Neutral Arbiter.

  • If any Item of Dispute remains unresolved for a period of twenty days after Buyer’s receipt of the Dispute Notice, Buyer or the Seller may submit the Item of Dispute to the Neutral Arbiter.

  • Buyer and Seller agree to execute, if requested by the Neutral Arbiter, a customary engagement letter.

  • Accordingly, by way of example, should the items in arbitration total in amount to $1,000 and the Neutral Arbiter awards $600 in favor of the Sellers’ Representative’s position, 60% of the costs and expenses would be assessed against Buyer and 40% of the costs and expenses would be assessed against the Sellers.

  • The Seller and Buyer shall make available to the Neutral Arbiter (if applicable) such books, records and other information (including work papers) as the Neutral Arbiter may reasonably request in order to review the Closing Statement and the Dispute Notice.


More Definitions of Neutral Arbiter

Neutral Arbiter means such other independent accounting firm as Sellers’ Representative and Buyer mutually agree in writing; provided, if Buyer and the Sellers’ Representative are unable to mutually agree upon such an accountant within a ten (10) day period, then Buyer and the Sellers’ Representative shall each select a nationally recognized accountant and within five (5) days after their selection, those two accountants shall select a third nationally recognized accountant, which third accountant shall act as the Neutral Arbiter.
Neutral Arbiter means KPMG or, if KPMG cannot or does not agree to serve, another independent accounting firm mutually acceptable to Buyer and the Seller.

Related to Neutral Arbiter

  • Arbiter has the meaning set forth in Section 2.3(c).

  • UNCITRAL Arbitration Rules means the arbitration rules of the United Nations Commission on International Trade Law.

  • Neutral Accountant means a national independent accounting firm selected by Buyer and reasonably acceptable to Sellers.

  • Mediator means an individual who conducts a mediation.

  • Arbitrators has the meaning set forth in Section 9.2(iii).

  • Neutral ’ means an individual who, with respect to an issue in controversy, functions specifically to aid the parties in resolving the controversy;

  • Accounting Arbitrator has the meaning set forth in Section 2.6(c).

  • Arbitration Panel means a panel established under Article 14.5 (Establishment of the Arbitration Panel);

  • Neutral Auditor means Ernst & Young or, if Ernst & Young is unable to serve, an impartial nationally recognized firm of independent certified public accountants other than Seller’s accountants or Purchaser’s accountants, mutually agreed to by Purchaser and Seller.

  • Mediation means any process in which a mediator facilitates communication and negotiation between the parties to assist them in reaching a voluntary agreement regarding their dispute.

  • AAA Rules has the meaning set forth in Section 11.2.

  • Notice of Arbitration means the formal notice from the CONTRACTOR or the CUSTOMER to the other party referring a dispute to arbitration in accordance with the provisions of Schedule 2-9.

  • Arbitration Tribunal means an organ composed of an odd number of persons known as arbitrators, who decide on the solution of a conflict in which the parties have expressly waived recourse to the ordinary civil courts

  • Arbitrator means the authority nominated by Chief General Manager (CGM) for arbitration.

  • LCIA means the London Court of International Arbitration;

  • Dispute Board (DB) means the person or persons named as such in the SCC appointed by agreement between the Procuring Entity and the Contractor to make a decision with respect to any dispute or difference between the Procuring Entity and the Contractor referred to him or her by the Parties pursuant to GCC Sub-Clause 46.1 (Dispute Board) hereof.

  • Neutral Member has the meaning provided in Section 2. 1(f)(ii) of this Single Family Shared-Loss Agreement.

  • ICC Rules means the Rules of Arbitration of the International Chamber of Commerce in effect on the date the applicable arbitration proceeding begins.

  • JAMS means JAMS, Inc. or its successor entity, a judicial arbitration and mediation service.

  • Independent Expert means a Person or entity with no material current or prior business or personal relationship with the Advisor or the Directors and who is engaged to a substantial extent in the business of rendering opinions regarding the value of assets of the type held by the Company.

  • Accounting Referee has the meaning set forth in Section 6.01(c).

  • Panel means the Panel on Takeovers and Mergers;

  • Umpire in this procedure means a Cricket Australia accredited Umpire. Only a Cricket Australia accredited Umpire may “Mention” or “Report” a player under this procedure.

  • Appraiser panel means a network, list or roster of licensed or certified ap- praisers approved by an AMC to per- form appraisals as independent con- tractors for the AMC. Appraisers on an AMC’s ‘‘appraiser panel’’ under this part include both appraisers accepted by the AMC for consideration for fu- ture appraisal assignments in covered transactions or for secondary mortgage market participants in connection with covered transactions and appraisers en- gaged by the AMC to perform one or more appraisals in covered trans- actions or for secondary mortgage mar- ket participants in connection with covered transactions. An appraiser is an independent contractor for purposes of this subpart if the appraiser is treat- ed as an independent contractor by the AMC for purposes of Federal income taxation.

  • Arbitration means any arbitration whether or not administered by a permanent arbitral institution;

  • Referee means a person who is designated as a referee under the friend of the court act.