definiens: means ( i ) an independent Third Party expert in th e field of drug development and commercialization who is acceptable to both Parties or ( ii ) if the Parties fail to agr ee on an independent Third Party expert in accordance with t he preceding clause ( i ) within [ * * * ] after such req uest for referral, an independent Third Party expert in the field of drug development and commercialization who is selected by mutual agreement of ( A ) an independent Third Party expert in the field of drug development and commercialization selected by [COMPANY] within [ * * * ] after such request for referral and ( B ) an indepe ndent Third Party expert in the field of drug development and commercialization selected by Licensee within [ * * * ] after such request for referral ( such selection to be made within [ * * * ] after the Parties have selecte d their respective independent Third Party experts ) . The so le authority of the Independent Expert will be to ( x ) set a schedule for expedited dispute resolution, ( y ) requ est supporting documentation from each Party with r espect to the applicable Section 9.2.4 Matters and ( z ) make a determination as to each of the applicable Section 9.2.4 Matters based on such supporting documentation . Unl ess otherwise agreed by the Parties, the Independen t Expert ’s determination shall be final and binding u pon the Parties . Unless otherwise agreed by the Par ties, the Independent Expert shall be required to make his or her determination within [ * * * ] after his or her se lection as the Independent Expert