definiens: means a yearly rate of maximum production, using commercially reasonable procedures and levels of effort, of the Compound pu rsuant to the Manufacturing process equal to the Cu rrent Capacity as changed, beginning with the implementat ion of the Agreed Scale - Up Plan from time to time thereafter, by the implementation of the Agreed Sca le - Up Plan . Augmented Capacity resulting from any Supplement Scale - Up Plan shall be as agreed by the Parties in connection with their agreement to the Supplement Scale - Up Plan . The Parties shall determi ne the Augmented Capacity as in effect from time to time in good faith by mutual agreement . In the event the Pa rties are at any time unable to reach agreement as to the Augmented Capacity, then either Party may, by notic e to the other, refer the matter for final resoluti on to a mutually agreed technical expert who has expertise in determining plant capacity for pharmaceutical manufacturing facilities and who has no current or prior affiliation with either Party ( the ) . The Technical Arbitrator shall make the determi nation of the Augmented Capacity, which shall be final and binding on the Parties, based on simultan eous written submissions from the Parties and respo nses to any supplemental written questions the Technical Ar bitrator may deem necessary to determine the Augmen ted Capacity . In the event the Parties can not agree on a Technical Arbitrator within ten ( 10 ) days of the date of the notice of referral of the determination of Augmente d Capacity to a Technical Arbitrator, then each Par ty shall select an independent expert and the two independen t experts so selected by the Parties shall select t he Technical Arbitrator . The two independent experts appointed b y the Parties pursuant to the preceding sentence sh all have no role in the arbitration other than to select the Technical Arbxxxxxxx