amicable_settlement

Masami Y. (Japan)
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words only definitions & notes
  1. expert
    a person with special knowledge who performs skillfully
    Expert Determination
    Subject to the applicable parts of Clauses 1 and 3 of this Agreement, any part of the Dispute that concerns Technical Matters must be dealt with in accordance with the procedures set out in this clause and Schedule 1 of this Exhibit.
  2. dispute
    the act of coming into conflict
    Amicable Settlement
    If a Dispute (of any kind whatsoever) arises between the Parties in connection with, or arising out of this Agreement, both Parties shall attempt to settle the Dispute amicably before the commencement of arbitration.
  3. determination
    the act of finding out the properties of something
    Expert Determination
    Subject to the applicable parts of Clauses 1 and 3 of this Agreement, any part of the Dispute that concerns Technical Matters must be dealt with in accordance with the procedures set out in this clause and Schedule 1 of this Exhibit.
  4. independent
    free from external control and constraint
    The independent expert shall be appointed in accordance with the procedures set out in Schedule 1 of this Exhibit.
  5. arbitration
    giving authoritative judgment
    Amicable Settlement
    If a Dispute (of any kind whatsoever) arises between the Parties in connection with, or arising out of this Agreement, both Parties shall attempt to settle the Dispute amicably before the commencement of arbitration.
  6. clause
    a separate section of a legal document
    If the Dispute is not resolved within forty-five (45) days after the date of the Notice of Dispute referring the Dispute to the executive management of the Parties, or such later date as may be mutually agreed upon, then the Dispute may be submitted to arbitration as provided in Clause 3 of this Exhibit.

    2.
  7. arbitrator
    someone chosen to judge and decide a disputed issue
    The determinations of the independent expert shall be final and binding on Technical Matters unless an arbitrator appointed under this clause or a judge finds that:
    (A) the determination arrived at by the independent expert was based on information that as a matter of fact was either clearly inadequate or incorrect;
    (B) the determination was clearly unreasonable given the information made available to the independent expert; or
    (C) the independent expert had no power to make the dete...
  8. amicably
    in a friendly manner
    Amicable Settlement
    If a Dispute (of any kind whatsoever) arises between the Parties in connection with, or arising out of this Agreement, both Parties shall attempt to settle the Dispute amicably before the commencement of arbitration.
  9. expertise
    skillfulness by virtue of possessing special knowledge
    Any part of the determination made by the independent expert that relies on an interpretation of law or on an issue that is outside of the expert’s field of expertise shall be non-binding.
  10. amicable
    characterized by friendship and good will
    Amicable Settlement
    If a Dispute (of any kind whatsoever) arises between the Parties in connection with, or arising out of this Agreement, both Parties shall attempt to settle the Dispute amicably before the commencement of arbitration.
  11. incorrect
    not correct; not in conformity with fact or truth
    The determinations of the independent expert shall be final and binding on Technical Matters unless an arbitrator appointed under this clause or a judge finds that:
    (A) the determination arrived at by the independent expert was based on information that as a matter of fact was either clearly inadequate or incorrect;
    (B) the determination was clearly unreasonable given the information made available to the independent expert; or
    (C) the independent expert had no power to make the dete...
  12. binding
    executed with proper legal authority
    The determinations of the independent expert shall be final and binding on Technical Matters unless an arbitrator appointed under this clause or a judge finds that:
    (A) the determination arrived at by the independent expert was based on information that as a matter of fact was either clearly inadequate or incorrect;
    (B) the determination was clearly unreasonable given the information made available to the independent expert; or
    (C) the independent expert had no power to make the dete...
  13. agreement
    harmony of people's opinions, actions, or characters
    Amicable Settlement
    If a Dispute (of any kind whatsoever) arises between the Parties in connection with, or arising out of this Agreement, both Parties shall attempt to settle the Dispute amicably before the commencement of arbitration.
  14. schedule
    a list of times at which things are planned to occur
    Expert Determination
    Subject to the applicable parts of Clauses 1 and 3 of this Agreement, any part of the Dispute that concerns Technical Matters must be dealt with in accordance with the procedures set out in this clause and Schedule 1 of this Exhibit.
  15. procedure
    a particular course of action intended to achieve a result
    Expert Determination
    Subject to the applicable parts of Clauses 1 and 3 of this Agreement, any part of the Dispute that concerns Technical Matters must be dealt with in accordance with the procedures set out in this clause and Schedule 1 of this Exhibit.
  16. accordance
    concurrence or agreement of opinion
    Expert Determination
    Subject to the applicable parts of Clauses 1 and 3 of this Agreement, any part of the Dispute that concerns Technical Matters must be dealt with in accordance with the procedures set out in this clause and Schedule 1 of this Exhibit.
  17. technical
    of or relating to aptitude in a practical skill
    Expert Determination
    Subject to the applicable parts of Clauses 1 and 3 of this Agreement, any part of the Dispute that concerns Technical Matters must be dealt with in accordance with the procedures set out in this clause and Schedule 1 of this Exhibit.
  18. agreed upon
    constituted or contracted by stipulation or agreement
    If the Dispute is not resolved within forty-five (45) days after the date of the Notice of Dispute referring the Dispute to the executive management of the Parties, or such later date as may be mutually agreed upon, then the Dispute may be submitted to arbitration as provided in Clause 3 of this Exhibit.

    2.
  19. resolve
    find a solution or answer
    If the Dispute is not resolved by such negotiations, either Party may, by the giving of written notice (“Notice of Dispute”), cause the matter to be referred to a meeting of the executive management of the Parties.
  20. interpretation
    the act of expressing something in an artistic performance
    The independent expert shall not make any determinations based on legal assumptions or interpretations of law or contracts.
  21. mutually
    in a shared manner
    If the Dispute is not resolved within forty-five (45) days after the date of the Notice of Dispute referring the Dispute to the executive management of the Parties, or such later date as may be mutually agreed upon, then the Dispute may be submitted to arbitration as provided in Clause 3 of this Exhibit.

    2.
  22. exhibit
    make visible or apparent
    If the Dispute is not resolved within forty-five (45) days after the date of the Notice of Dispute referring the Dispute to the executive management of the Parties, or such later date as may be mutually agreed upon, then the Dispute may be submitted to arbitration as provided in Clause 3 of this Exhibit.

    2.
  23. terminate
    bring to an end or halt
    The Parties may, by agreement in writing at any time, agree to not proceed with, or terminate, the expert determination process.
  24. notice
    the act of paying attention
    If the Dispute is not resolved by such negotiations, either Party may, by the giving of written notice (“Notice of Dispute”), cause the matter to be referred to a meeting of the executive management of the Parties.
  25. applicable
    having relevance
    Expert Determination
    Subject to the applicable parts of Clauses 1 and 3 of this Agreement, any part of the Dispute that concerns Technical Matters must be dealt with in accordance with the procedures set out in this clause and Schedule 1 of this Exhibit.
  26. forty-five
    being five more than forty
    If the Dispute is not resolved within forty-five (45) days after the date of the Notice of Dispute referring the Dispute to the executive management of the Parties, or such later date as may be mutually agreed upon, then the Dispute may be submitted to arbitration as provided in Clause 3 of this Exhibit.

    2.
  27. party
    an occasion on which people gather to socialize and have fun
    Amicable Settlement
    If a Dispute (of any kind whatsoever) arises between the Parties in connection with, or arising out of this Agreement, both Parties shall attempt to settle the Dispute amicably before the commencement of arbitration.
  28. unreasonable
    beyond normal limits
    The determinations of the independent expert shall be final and binding on Technical Matters unless an arbitrator appointed under this clause or a judge finds that:
    (A) the determination arrived at by the independent expert was based on information that as a matter of fact was either clearly inadequate or incorrect;
    (B) the determination was clearly unreasonable given the information made available to the independent expert; or
    (C) the independent expert had no power to make the dete...
  29. inadequate
    lacking the requisite qualities or resources to meet a task
    The determinations of the independent expert shall be final and binding on Technical Matters unless an arbitrator appointed under this clause or a judge finds that:
    (A) the determination arrived at by the independent expert was based on information that as a matter of fact was either clearly inadequate or incorrect;
    (B) the determination was clearly unreasonable given the information made available to the independent expert; or
    (C) the independent expert had no power to make the dete...
  30. management
    the act of controlling something
    If the Dispute is not resolved by such negotiations, either Party may, by the giving of written notice (“Notice of Dispute”), cause the matter to be referred to a meeting of the executive management of the Parties.
  31. as a matter of fact
    in reality or actuality
    The determinations of the independent expert shall be final and binding on Technical Matters unless an arbitrator appointed under this clause or a judge finds that:
    (A) the determination arrived at by the independent expert was based on information that as a matter of fact was either clearly inadequate or incorrect;
    (B) the determination was clearly unreasonable given the information made available to the independent expert; or
    (C) the independent expert had no power to make the dete...
  32. set out
    lay out orderly or logically in a line or as if in a line
    Expert Determination
    Subject to the applicable parts of Clauses 1 and 3 of this Agreement, any part of the Dispute that concerns Technical Matters must be dealt with in accordance with the procedures set out in this clause and Schedule 1 of this Exhibit.
  33. rely on
    put trust in with confidence
    Any part of the determination made by the independent expert that relies on an interpretation of law or on an issue that is outside of the expert’s field of expertise shall be non-binding.
  34. in writing
    written or drawn or engraved
    The Parties may, by agreement in writing at any time, agree to not proceed with, or terminate, the expert determination process.
  35. arrive at
    reach a destination, either real or abstract
    The determinations of the independent expert shall be final and binding on Technical Matters unless an arbitrator appointed under this clause or a judge finds that:
    (A) the determination arrived at by the independent expert was based on information that as a matter of fact was either clearly inadequate or incorrect;
    (B) the determination was clearly unreasonable given the information made available to the independent expert; or
    (C) the independent expert had no power to make the dete...
  36. matter of fact
    a matter that is an actual fact or is demonstrable as a fact
    The determinations of the independent expert shall be final and binding on Technical Matters unless an arbitrator appointed under this clause or a judge finds that:
    (A) the determination arrived at by the independent expert was based on information that as a matter of fact was either clearly inadequate or incorrect;
    (B) the determination was clearly unreasonable given the information made available to the independent expert; or
    (C) the independent expert had no power to make the dete...
  37. commencement
    the act of starting something
    Amicable Settlement
    If a Dispute (of any kind whatsoever) arises between the Parties in connection with, or arising out of this Agreement, both Parties shall attempt to settle the Dispute amicably before the commencement of arbitration.
  38. whatsoever
    one or some or every or all without specification
    Amicable Settlement
    If a Dispute (of any kind whatsoever) arises between the Parties in connection with, or arising out of this Agreement, both Parties shall attempt to settle the Dispute amicably before the commencement of arbitration.
  39. assumption
    the act of taking something for granted
    The independent expert shall not make any determinations based on legal assumptions or interpretations of law or contracts.
  40. resolved
    explained or answered
    If the Dispute is not resolved by such negotiations, either Party may, by the giving of written notice (“Notice of Dispute”), cause the matter to be referred to a meeting of the executive management of the Parties.
  41. agree
    consent or assent to a condition
    If the Dispute is not resolved within forty-five (45) days after the date of the Notice of Dispute referring the Dispute to the executive management of the Parties, or such later date as may be mutually agreed upon, then the Dispute may be submitted to arbitration as provided in Clause 3 of this Exhibit.

    2.
  42. matter to
    be of importance or consequence
    If the Dispute is not resolved by such negotiations, either Party may, by the giving of written notice (“Notice of Dispute”), cause the matter to be referred to a meeting of the executive management of the Parties.
  43. based
    having a base
    The determinations of the independent expert shall be final and binding on Technical Matters unless an arbitrator appointed under this clause or a judge finds that:
    (A) the determination arrived at by the independent expert was based on information that as a matter of fact was either clearly inadequate or incorrect;
    (B) the determination was clearly unreasonable given the information made available to the independent expert; or
    (C) the independent expert had no power to make the dete...
  44. executive
    a person responsible for the administration of a business
    If the Dispute is not resolved by such negotiations, either Party may, by the giving of written notice (“Notice of Dispute”), cause the matter to be referred to a meeting of the executive management of the Parties.
  45. appointed
    selected for a job
    The independent expert shall be appointed in accordance with the procedures set out in Schedule 1 of this Exhibit.
  46. clearly
    without doubt or question
    The determinations of the independent expert shall be final and binding on Technical Matters unless an arbitrator appointed under this clause or a judge finds that:
    (A) the determination arrived at by the independent expert was based on information that as a matter of fact was either clearly inadequate or incorrect;
    (B) the determination was clearly unreasonable given the information made available to the independent expert; or
    (C) the independent expert had no power to make the dete...
  47. out in
    enter a harbor
    Expert Determination
    Subject to the applicable parts of Clauses 1 and 3 of this Agreement, any part of the Dispute that concerns Technical Matters must be dealt with in accordance with the procedures set out in this clause and Schedule 1 of this Exhibit.
  48. refer
    make a remark that calls attention to
    If the Dispute is not resolved by such negotiations, either Party may, by the giving of written notice (“Notice of Dispute”), cause the matter to be referred to a meeting of the executive management of the Parties.
  49. appoint
    assign a duty, responsibility, or obligation to
    The independent expert shall be appointed in accordance with the procedures set out in Schedule 1 of this Exhibit.
  50. arise
    move upward
    Amicable Settlement
    If a Dispute (of any kind whatsoever) arises between the Parties in connection with, or arising out of this Agreement, both Parties shall attempt to settle the Dispute amicably before the commencement of arbitration.
  51. rely
    have confidence or faith in
    Any part of the determination made by the independent expert that relies on an interpretation of law or on an issue that is outside of the expert’s field of expertise shall be non-binding.
  52. date
    the specified day of the month
    If the Dispute is not resolved within forty-five (45) days after the date of the Notice of Dispute referring the Dispute to the executive management of the Parties, or such later date as may be mutually agreed upon, then the Dispute may be submitted to arbitration as provided in Clause 3 of this Exhibit.

    2.
  53. information
    knowledge acquired through study or experience
    The determinations of the independent expert shall be final and binding on Technical Matters unless an arbitrator appointed under this clause or a judge finds that:
    (A) the determination arrived at by the independent expert was based on information that as a matter of fact was either clearly inadequate or incorrect;
    (B) the determination was clearly unreasonable given the information made available to the independent expert; or
    (C) the independent expert had no power to make the dete...
  54. matter
    that which has mass and occupies space
    If the Dispute is not resolved by such negotiations, either Party may, by the giving of written notice (“Notice of Dispute”), cause the matter to be referred to a meeting of the executive management of the Parties.
  55. costs
    pecuniary reimbursement to the winning party for the expenses of litigation
    Payment of the expert’s costs shall be borne equally by the Parties to this Agreement.
  56. bind
    secure with or as if with ropes
    The determinations of the independent expert shall be final and binding on Technical Matters unless an arbitrator appointed under this clause or a judge finds that:
    (A) the determination arrived at by the independent expert was based on information that as a matter of fact was either clearly inadequate or incorrect;
    (B) the determination was clearly unreasonable given the information made available to the independent expert; or
    (C) the independent expert had no power to make the dete...
  57. giving
    the act of giving
    If the Dispute is not resolved by such negotiations, either Party may, by the giving of written notice (“Notice of Dispute”), cause the matter to be referred to a meeting of the executive management of the Parties.
  58. negotiation
    a discussion intended to produce an agreement
    If the Dispute is not resolved by such negotiations, either Party may, by the giving of written notice (“Notice of Dispute”), cause the matter to be referred to a meeting of the executive management of the Parties.
  59. base
    lowest support of a structure
    The determinations of the independent expert shall be final and binding on Technical Matters unless an arbitrator appointed under this clause or a judge finds that:
    (A) the determination arrived at by the independent expert was based on information that as a matter of fact was either clearly inadequate or incorrect;
    (B) the determination was clearly unreasonable given the information made available to the independent expert; or
    (C) the independent expert had no power to make the dete...
  60. payment
    the act of giving money in exchange for something
    Payment of the expert’s costs shall be borne equally by the Parties to this Agreement.
  61. available
    obtainable or accessible and ready for use or service
    The determinations of the independent expert shall be final and binding on Technical Matters unless an arbitrator appointed under this clause or a judge finds that:
    (A) the determination arrived at by the independent expert was based on information that as a matter of fact was either clearly inadequate or incorrect;
    (B) the determination was clearly unreasonable given the information made available to the independent expert; or
    (C) the independent expert had no power to make the dete...
  62. arrive
    reach a destination
    The determinations of the independent expert shall be final and binding on Technical Matters unless an arbitrator appointed under this clause or a judge finds that:
    (A) the determination arrived at by the independent expert was based on information that as a matter of fact was either clearly inadequate or incorrect;
    (B) the determination was clearly unreasonable given the information made available to the independent expert; or
    (C) the independent expert had no power to make the dete...
  63. settle
    become resolved, fixed, established, or quiet
    Amicable Settlement
    If a Dispute (of any kind whatsoever) arises between the Parties in connection with, or arising out of this Agreement, both Parties shall attempt to settle the Dispute amicably before the commencement of arbitration.
  64. meeting
    the social act of assembling for some common purpose
    If the Dispute is not resolved by such negotiations, either Party may, by the giving of written notice (“Notice of Dispute”), cause the matter to be referred to a meeting of the executive management of the Parties.
  65. submit
    yield to the control of another
    If the Dispute is not resolved within forty-five (45) days after the date of the Notice of Dispute referring the Dispute to the executive management of the Parties, or such later date as may be mutually agreed upon, then the Dispute may be submitted to arbitration as provided in Clause 3 of this Exhibit.

    2.
  66. settlement
    the act of colonizing; the establishment of colonies
    Amicable Settlement
    If a Dispute (of any kind whatsoever) arises between the Parties in connection with, or arising out of this Agreement, both Parties shall attempt to settle the Dispute amicably before the commencement of arbitration.
  67. legal
    established by or founded upon law or official rules
    The independent expert shall not make any determinations based on legal assumptions or interpretations of law or contracts.
  68. non
    negation of a word or group of words
    Any part of the determination made by the independent expert that relies on an interpretation of law or on an issue that is outside of the expert’s field of expertise shall be non-binding.
  69. any
    to some extent or degree
    Amicable Settlement
    If a Dispute (of any kind whatsoever) arises between the Parties in connection with, or arising out of this Agreement, both Parties shall attempt to settle the Dispute amicably before the commencement of arbitration.
  70. directed
    (often used in combination) having a specified direction
    The conduct of the expert determination shall be as directed by the independent expert.
  71. provide
    give something useful or necessary to
    If the Dispute is not resolved within forty-five (45) days after the date of the Notice of Dispute referring the Dispute to the executive management of the Parties, or such later date as may be mutually agreed upon, then the Dispute may be submitted to arbitration as provided in Clause 3 of this Exhibit.

    2.
  72. contract
    a binding agreement that is enforceable by law
    The independent expert shall not make any determinations based on legal assumptions or interpretations of law or contracts.
  73. connection
    a relation between things or events
    Amicable Settlement
    If a Dispute (of any kind whatsoever) arises between the Parties in connection with, or arising out of this Agreement, both Parties shall attempt to settle the Dispute amicably before the commencement of arbitration.
  74. either
    also, likewise, as well
    If the Dispute is not resolved by such negotiations, either Party may, by the giving of written notice (“Notice of Dispute”), cause the matter to be referred to a meeting of the executive management of the Parties.
  75. equally
    in a balanced or impartial way
    Payment of the expert’s costs shall be borne equally by the Parties to this Agreement.
  76. final
    an exam administered at the end of an academic term
    The determinations of the independent expert shall be final and binding on Technical Matters unless an arbitrator appointed under this clause or a judge finds that:
    (A) the determination arrived at by the independent expert was based on information that as a matter of fact was either clearly inadequate or incorrect;
    (B) the determination was clearly unreasonable given the information made available to the independent expert; or
    (C) the independent expert had no power to make the dete...
  77. within
    on the inside
    Such meeting shall be held within thirty (30) days following the giving of the Notice of Dispute.
  78. forty
    the cardinal number that is the product of ten and four
    If the Dispute is not resolved within forty-five (45) days after the date of the Notice of Dispute referring the Dispute to the executive management of the Parties, or such later date as may be mutually agreed upon, then the Dispute may be submitted to arbitration as provided in Clause 3 of this Exhibit.

    2.
  79. part
    one of the portions into which something is regarded as divided and which together constitute a whole
    Expert Determination
    Subject to the applicable parts of Clauses 1 and 3 of this Agreement, any part of the Dispute that concerns Technical Matters must be dealt with in accordance with the procedures set out in this clause and Schedule 1 of this Exhibit.
  80. agreed
    united by being of the same opinion
    If the Dispute is not resolved within forty-five (45) days after the date of the Notice of Dispute referring the Dispute to the executive management of the Parties, or such later date as may be mutually agreed upon, then the Dispute may be submitted to arbitration as provided in Clause 3 of this Exhibit.

    2.
  81. process
    a particular course of action intended to achieve a result
    The Parties may, by agreement in writing at any time, agree to not proceed with, or terminate, the expert determination process.
  82. law
    the collection of rules imposed by authority
    The independent expert shall not make any determinations based on legal assumptions or interpretations of law or contracts.
  83. thirty
    the cardinal number that is the product of ten and three
    Such meeting shall be held within thirty (30) days following the giving of the Notice of Dispute.
  84. make
    perform or carry out
    The determinations of the independent expert shall be final and binding on Technical Matters unless an arbitrator appointed under this clause or a judge finds that:
    (A) the determination arrived at by the independent expert was based on information that as a matter of fact was either clearly inadequate or incorrect;
    (B) the determination was clearly unreasonable given the information made available to the independent expert; or
    (C) the independent expert had no power to make the dete...
  85. issue
    some situation or event that is thought about
    Any part of the determination made by the independent expert that relies on an interpretation of law or on an issue that is outside of the expert’s field of expertise shall be non-binding.
  86. days
    the time during which someone's life continues
    Such meeting shall be held within thirty (30) days following the giving of the Notice of Dispute.
  87. set
    put into a certain place or abstract location
    Expert Determination
    Subject to the applicable parts of Clauses 1 and 3 of this Agreement, any part of the Dispute that concerns Technical Matters must be dealt with in accordance with the procedures set out in this clause and Schedule 1 of this Exhibit.
  88. writing
    symbols imprinted on a surface to represent sounds or words
    The Parties may, by agreement in writing at any time, agree to not proceed with, or terminate, the expert determination process.
  89. may
    thorny shrub of a small tree having white to scarlet flowers
    If the Dispute is not resolved by such negotiations, either Party may, by the giving of written notice (“Notice of Dispute”), cause the matter to be referred to a meeting of the executive management of the Parties.
  90. parts
    the local environment
    Expert Determination
    Subject to the applicable parts of Clauses 1 and 3 of this Agreement, any part of the Dispute that concerns Technical Matters must be dealt with in accordance with the procedures set out in this clause and Schedule 1 of this Exhibit.
  91. meet
    come together
    If the Dispute is not resolved by such negotiations, either Party may, by the giving of written notice (“Notice of Dispute”), cause the matter to be referred to a meeting of the executive management of the Parties.
  92. cost
    be priced at
    Payment of the expert’s costs shall be borne equally by the Parties to this Agreement.
  93. outside
    the region that is outside of something
    Any part of the determination made by the independent expert that relies on an interpretation of law or on an issue that is outside of the expert’s field of expertise shall be non-binding.
  94. conduct
    the way a person behaves toward other people
    The conduct of the expert determination shall be as directed by the independent expert.
  95. write
    name the letters that comprise the accepted form of
    If the Dispute is not resolved by such negotiations, either Party may, by the giving of written notice (“Notice of Dispute”), cause the matter to be referred to a meeting of the executive management of the Parties.
  96. proceed
    move ahead; travel onward in time or space
    The Parties may, by agreement in writing at any time, agree to not proceed with, or terminate, the expert determination process.
  97. such
    of so extreme a degree or extent
    If the Dispute is not resolved by such negotiations, either Party may, by the giving of written notice (“Notice of Dispute”), cause the matter to be referred to a meeting of the executive management of the Parties.
  98. made
    produced by a manufacturing process
    The determinations of the independent expert shall be final and binding on Technical Matters unless an arbitrator appointed under this clause or a judge finds that:
    (A) the determination arrived at by the independent expert was based on information that as a matter of fact was either clearly inadequate or incorrect;
    (B) the determination was clearly unreasonable given the information made available to the independent expert; or
    (C) the independent expert had no power to make the dete...
  99. judge
    an official who decides questions before a court
    The determinations of the independent expert shall be final and binding on Technical Matters unless an arbitrator appointed under this clause or a judge finds that:
    (A) the determination arrived at by the independent expert was based on information that as a matter of fact was either clearly inadequate or incorrect;
    (B) the determination was clearly unreasonable given the information made available to the independent expert; or
    (C) the independent expert had no power to make the dete...
  100. direct
    proceeding without interruption
    The conduct of the expert determination shall be as directed by the independent expert.
  101. written
    set down in writing in any of various ways
    If the Dispute is not resolved by such negotiations, either Party may, by the giving of written notice (“Notice of Dispute”), cause the matter to be referred to a meeting of the executive management of the Parties.
  102. give
    transfer possession of something concrete or abstract
    If the Dispute is not resolved by such negotiations, either Party may, by the giving of written notice (“Notice of Dispute”), cause the matter to be referred to a meeting of the executive management of the Parties.
  103. concern
    something that interests you because it is important
    Expert Determination
    Subject to the applicable parts of Clauses 1 and 3 of this Agreement, any part of the Dispute that concerns Technical Matters must be dealt with in accordance with the procedures set out in this clause and Schedule 1 of this Exhibit.
  104. attempt
    make an effort
    Amicable Settlement
    If a Dispute (of any kind whatsoever) arises between the Parties in connection with, or arising out of this Agreement, both Parties shall attempt to settle the Dispute amicably before the commencement of arbitration.
  105. following
    the act of pursuing in an effort to overtake or capture
    Such meeting shall be held within thirty (30) days following the giving of the Notice of Dispute.
  106. deal
    be in charge of, act on, or dispose of
    Expert Determination
    Subject to the applicable parts of Clauses 1 and 3 of this Agreement, any part of the Dispute that concerns Technical Matters must be dealt with in accordance with the procedures set out in this clause and Schedule 1 of this Exhibit.
  107. field
    extensive tract of level open land
    Any part of the determination made by the independent expert that relies on an interpretation of law or on an issue that is outside of the expert’s field of expertise shall be non-binding.
  108. out
    moving or appearing to move away from a place, especially one that is enclosed or hidden
    Amicable Settlement
    If a Dispute (of any kind whatsoever) arises between the Parties in connection with, or arising out of this Agreement, both Parties shall attempt to settle the Dispute amicably before the commencement of arbitration.
  109. cause
    events that provide the generative force of something
    If the Dispute is not resolved by such negotiations, either Party may, by the giving of written notice (“Notice of Dispute”), cause the matter to be referred to a meeting of the executive management of the Parties.
  110. later
    happening at a time subsequent to a reference time
    If the Dispute is not resolved within forty-five (45) days after the date of the Notice of Dispute referring the Dispute to the executive management of the Parties, or such later date as may be mutually agreed upon, then the Dispute may be submitted to arbitration as provided in Clause 3 of this Exhibit.

    2.
  111. held
    occupied or in the control of; often used in combination
    Such meeting shall be held within thirty (30) days following the giving of the Notice of Dispute.
  112. subject
    some situation or event that is thought about
    Expert Determination
    Subject to the applicable parts of Clauses 1 and 3 of this Agreement, any part of the Dispute that concerns Technical Matters must be dealt with in accordance with the procedures set out in this clause and Schedule 1 of this Exhibit.
  113. five
    the cardinal number that is the sum of four and one
    If the Dispute is not resolved within forty-five (45) days after the date of the Notice of Dispute referring the Dispute to the executive management of the Parties, or such later date as may be mutually agreed upon, then the Dispute may be submitted to arbitration as provided in Clause 3 of this Exhibit.

    2.
  114. given
    acknowledged as a supposition
    The determinations of the independent expert shall be final and binding on Technical Matters unless an arbitrator appointed under this clause or a judge finds that:
    (A) the determination arrived at by the independent expert was based on information that as a matter of fact was either clearly inadequate or incorrect;
    (B) the determination was clearly unreasonable given the information made available to the independent expert; or
    (C) the independent expert had no power to make the dete...
  115. not
    negation of a word or group of words
    If the Dispute is not resolved by such negotiations, either Party may, by the giving of written notice (“Notice of Dispute”), cause the matter to be referred to a meeting of the executive management of the Parties.
  116. kind
    having a tender and considerate and helpful nature
    Amicable Settlement
    If a Dispute (of any kind whatsoever) arises between the Parties in connection with, or arising out of this Agreement, both Parties shall attempt to settle the Dispute amicably before the commencement of arbitration.
  117. day
    time for Earth to make a complete rotation on its axis
    Such meeting shall be held within thirty (30) days following the giving of the Notice of Dispute.
  118. fact
    a piece of information about events that have occurred
    The determinations of the independent expert shall be final and binding on Technical Matters unless an arbitrator appointed under this clause or a judge finds that:
    (A) the determination arrived at by the independent expert was based on information that as a matter of fact was either clearly inadequate or incorrect;
    (B) the determination was clearly unreasonable given the information made available to the independent expert; or
    (C) the independent expert had no power to make the dete...
  119. in this
    (formal) in or into that thing or place
    Expert Determination
    Subject to the applicable parts of Clauses 1 and 3 of this Agreement, any part of the Dispute that concerns Technical Matters must be dealt with in accordance with the procedures set out in this clause and Schedule 1 of this Exhibit.
  120. bear
    be pregnant with
    Payment of the expert’s costs shall be borne equally by the Parties to this Agreement.
  121. power
    possession of the qualities required to do something
    The determinations of the independent expert shall be final and binding on Technical Matters unless an arbitrator appointed under this clause or a judge finds that:
    (A) the determination arrived at by the independent expert was based on information that as a matter of fact was either clearly inadequate or incorrect;
    (B) the determination was clearly unreasonable given the information made available to the independent expert; or
    (C) the independent expert had no power to make the dete...
  122. both
    equally or alike
    Amicable Settlement
    If a Dispute (of any kind whatsoever) arises between the Parties in connection with, or arising out of this Agreement, both Parties shall attempt to settle the Dispute amicably before the commencement of arbitration.
  123. between
    in the interval
    Amicable Settlement
    If a Dispute (of any kind whatsoever) arises between the Parties in connection with, or arising out of this Agreement, both Parties shall attempt to settle the Dispute amicably before the commencement of arbitration.
  124. follow
    travel behind, go after, or come after
    Such meeting shall be held within thirty (30) days following the giving of the Notice of Dispute.
  125. hold
    have in one's hands or grip
    Such meeting shall be held within thirty (30) days following the giving of the Notice of Dispute.
  126. out of
    motivated by
    Amicable Settlement
    If a Dispute (of any kind whatsoever) arises between the Parties in connection with, or arising out of this Agreement, both Parties shall attempt to settle the Dispute amicably before the commencement of arbitration.
  127. under
    below some quantity or limit
    The determinations of the independent expert shall be final and binding on Technical Matters unless an arbitrator appointed under this clause or a judge finds that:
    (A) the determination arrived at by the independent expert was based on information that as a matter of fact was either clearly inadequate or incorrect;
    (B) the determination was clearly unreasonable given the information made available to the independent expert; or
    (C) the independent expert had no power to make the dete...
Created on Sun Aug 15 10:24:42 EDT 2010

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