definiens: means a mutually acceptable, disinterested, conflict - of - interest - free individua l not affiliated with either Negotiating Party with sufficient experience with respect to the commercial manufacturing and supply of pharmaceutical products to resolve the applicable dispute, which individual shall 3 not be or have been at any time an Affiliate, employee, consultant, officer or director of either Negotiating Party or any of their respective Affiliates . If the Negotiating Parties are not able to agree within [ five ( 5 ) daysJ after the receipt by a Negotiating Party of the written request in the immediately preceding sentence, then either or both Negotiating Parties shall immediately request the AAA to select an Expert . The place of arbitration shall be New York, New York, and all proceedings and communications shall be in English . The fees and costs of the Expert and the AAA shall be fshared equally ( 50%/50 % ) ) by the Negotiating Parties