If the determination of the Cash Value is referred to an independent expert and the value submitted by the transferor is no more than five percent (5%) above the Cash Value determined by the independent expert, the transferors value shall be used for the Cash Value and the Disagreeing Parties shall pay all costs of the expert. If the value submitted by the transferor is more than five percent (5%) above the Cash Value determined by the independent expert, the independent experts value shall be used for the Cash Value and the transferor shall pay all costs of the expert. Subject to the independent experts value being final and binding in accordance with clause 18.3, the Cash Value determined by the procedure shall be final and binding on all Parties.
If the determination of the Cash Value is referred to an independent expert and the value submitted by the transferoracquired Party is no more than five percent (5%) above the Cash Value determined by the independent expert, the transferoracquired Partys value shall be used for the Cash Value and the Disagreeing Parties shall pay all costs of the expert. If the value submitted by the transferoracquired Party is more than five percent (5%) above the Cash Value determined by the independent expert, the independent experts value shall be used for the Cash Value and the transferoracquired Party shall pay all costs of the expert. Subject to the independent experts value being final and binding in accordance with clause 18.3, the Cash Value determined by the procedure shall be final and binding on all Parties.
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