If the Company and the Agency are unable to agree on an Independent Laboratory fulfilling the requirements of Section G.3.4 above within three (3) working days of the receipt by the other Party of the dissenting Party's first notification in accordance with Section G.3.4 then the dissenting Party invoking the provisions of Section G.3.4 shall notify the other Party in writing of its intention to nominate two experts to carry out the selection of the Independent Laboratory in accordance with the provisions of this Section G.3.5. This written notification shall include the names and contact addresses of two experts who shall be independent of both the Company and the Agency and shall hold internationally recognized qualifications in water chemistry and analysis (the "Independent Experts"). Upon receipt of this written notification the other Party shall have one (1) working day to require that the dissenting Party replace one of the proposed Independent Experts with an Independent Expert of its own choosing by giving written notification to the dissenting Party of the name of the Independent Expert it wishes to be replaced and the name and contact details of the Independent Expert it proposes as a substitute or it shall be deemed to have accepted both of the Independent Experts nominated by the dissenting Party. The dissenting Party shall then engage the services of the Independent Experts to select the Independent Laboratory in accordance with the remaining provisions of this Section G.3.5.
The two Independent Experts shall jointly select a third similarly qualified Independent Expert and by simple majority the three Independent Experts shall between themselves and without consultation with the Company or the Agency:
i) select and engage a sampling team consisting of one or more individuals meeting the requirements of Section G.3.5 but not including employees of the Company and the Agency who shall be competent and available to take samples of Treated Water in accordance with the provisions of this Section G.3.4 (the "Independent Sampling Team")
ii) commission the Independent Sampling Team to take two samples of Treated Water in the quantities, conditions and containers required for the analyses required to determine the concentrations of the Critical or Non-Critical Parameters whose concentration in Treated Water is contested (the "Independent Sample")
iii) identify and engage the services of a laboratory certified by an internationally recognized laboratory testing and certification organization as competent to determine the concentrations of the Critical or Non-Critical Parameters whose concentration in Treated Water is contested that shall analyze the Independent Sample (the "Internationally Certified Independent Laboratory").