WITH THE PROJECT AGREEMENT.
IF THE EXPERT DEED IS
TERMINATED, A NEW EXPERT WILL BE APPOINTED IN ACCORDANCE WITH CLAUSE 49.5(D) OF
THE PROJECT AGREEMENT.
(E)
THE EXPERT MUST:
(I)
ACT AS AN EXPERT AND NOT
AS AN ARBITRATOR;
(II)
PROCEED IN ANY MANNER HE
OR SHE THINKS FIT WITHOUT BEING BOUND TO OBSERVE THE RULES OF EVIDENCE;
(III)
TAKE INTO CONSIDERATION ALL
DOCUMENTS, INFORMATION AND OTHER MATERIAL WHICH THE PARTIES GIVE THE EXPERT
WHICH THE EXPERT IN HIS OR HER ABSOLUTE DISCRETION, CONSIDERS RELEVANT TO THE
DETERMINATION OF THE DISPUTE;
(IV)
NOT BE EXPECTED OR REQUIRED TO
OBTAIN OR REFER TO ANY OTHER DOCUMENTS, INFORMATION OR MATERIAL BUT MAY DO SO IF
HE OR SHE SO WISHES;
(V)
ACT IN GOOD FAITH AND MAKE
HIS OR HER DECISION WITHIN 15 BUSINESS DAYS (OR WITHIN A TIME OTHERWISE AGREED
BETWEEN THE PARTIES);
(VI)
GIVE HIS OR HER DETERMINATION
IN WRITING (INCLUDING A STATEMENT OF THE VALUE OF THE DETERMINATION) AND GIVE
WRITTEN REASONS FOR THE DETERMINATION.
(F)
THE EXPERT MAY, WITH
PRIOR WRITTEN APPROVAL FROM EACH OF THE CONTRACTOR, THE SUBCONTRACTOR AND THE
PRINCIPAL, COMMISSION HIS OR HER OWN ADVISERS OR CONSULTANTS, INCLUDING LAWYERS,
ACCOUNTANTS, BANKERS, ENGINEERS, SURVEYORS, TRANSPORT CONSULTANTS OR OTHER
TECHNICAL CONSULTANTS, TO PROVIDE INFORMATION TO ASSIST THE EXPERT IN HIS OR HER
DECISION.
(G)
THE EXPERT MUST APPOINT ANY
ADVISERS OR CONSULTANTS NOMINATED IN WRITING BY BOTH THE PRINCIPAL AND THE
CONTRACTOR TO PROVIDE INFORMATION TO ASSIST THE EXPERT IN HIS OR HER DECISIONS.
(H)
THE PARTIES WILL INDEMNIFY
THE EXPERT FOR THE COST OF RETAINING THOSE ADVISERS OR CONSULTANTS.
(I)
THE CONTRACTOR MUST
PROVIDE THE EXPERT WITH COPIES OF MINUTES OF MEETINGS AND ALL REPORTS RELEVANT
TO THE WORK WITHIN 5 BUSINESS DAYS OF THEM BEING PREPARED, AND ALL OTHER
INFORMATION REQUIRED TO KEEP THE EXPERT INFORMED AND ABLE TO CARRY OUT HIS OR
HER FUNCTION UNDER THIS CLAUSE.
49
(J)
THE PRINCIPAL MAY
PROVIDE THE EXPERT WITH ANY RELEVANT INFORMATION IT CONSIDERS NECESSARY TO KEEP
THE EXPERT INFORMED AND ABLE TO CARRY OUT HIS OR HER FUNCTION UNDER THIS CLAUSE.
(K)
A COPY OF ALL INFORMATION
PROVIDED BY ONE PARTY UNDER CLAUSE 9.1(I) OR 9.1(J) MUST BE SENT TO EACH OTHER
PARTY.
(L)
THE DETERMINATION OF
THE EXPERT WILL BE FINAL AND BINDING ON EACH PARTY UNLESS:
(I)
THE VALUE OF THE
DETERMINATION IS GREATER THAN $[**];
AND
(II)
A PARTY GIVES NOTICE OF
APPEAL TO THE OTHER PARTY WITHIN 10 BUSINESS DAYS OF THE DETERMINATION REQUIRING
THE DISPUTE TO BE REFERRED TO ARBITRATION.
(M)
WHERE A DISPUTE IS REFERRED
TO THE EXPERT FOR DETERMINATION AND THE EXPERT DOES NOT MAKE A DETERMINATION
WITHIN 15 BUSINESS DAYS OF THE DISPUTE BEING REFERRED TO HIM OR HER, OR WITHIN A
TIME OTHERWISE AGREED BETWEEN THE PARTIES, ANY PARTY MAY REFER THE DISPUTE TO
ARBITRATION.
(N)
THE PARTIES ARE TO GIVE
EFFECT TO THE DETERMINATION OF THE EXPERT UNLESS AND UNTIL IT IS REVERSED,
OVERTURNED, OR OTHERWISE CHANGED BY ANY SUBSEQUENT ARBITRATION UNDER CLAUSE 9.2.
(O)