THESE TERMS OF APPOINTMENT are entered into on 07 May 2024

Between

(1)            PARTY_1_NAME whose principal place of business is at PARTY_1_ADDRESS_SINGLE_LINE (Party A)

(2)            PARTY_2_NAME whose principal place of business is at PARTY_2_ADDRESS_SINGLE_LINE (Party B)

(3)            PARTY_3_NAME whose principal place of business is at PARTY_3_ADDRESS_SINGLE_LINE (Panel Member)

Whereas

A. Party A and the Party B (the Parties) have agreed to appoint an expert Panel to settle all disputes arising out of or in connection with PURPOSEt (the Expert Determination).

B. The Panel Member has agreed to serve on the terms set out herein.

 

NOW IT IS HEREBY AGREED as follows:

1. The Panel Member shall act impartially as an independent expert and not as an arbitrator. The Panel Member shall be under a continuing duty to disclose in writing to each Party any fact or circumstance which might call into question his impartiality or independence and in particular any appointment as director, office holder, any employment or personal engagement in providing services or acting as a consultant to either Party, sub-contractor, subsidiary or any associated company of either Party.

2. The Panel Member shall, together with the other members of the Panel, decide any dispute referred to him under the Agreement and agrees to conduct the Expert Determination in accordance with the applicable law.

3. The Panel Member shall have full power, together with the other members of the Panel, to take the initiative in ascertaining the facts and the law. In particular, the Panel Member shall have power to:

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