Contract Management and Dispute Resolution. 5.1 Each Party will appoint one contract manager and, for periods when any contract manager is sick or on holidays, a deputy for him or her (the Contract Manager), who will be the initial point of contact for the other Party for the overall management of this Agreement. The initial Contract Managers are named in Appendix A for the Dealer and the Fund Manager. A Party shall direct all notices and communications, other than the routine transmission of Documentation under this Agreement to the other Party’s Contract Manager unless otherwise stated. 5.2 Each Party shall: (a) be entitled to treat the other Party’s Contract Manager or any respective deputy as the authorised representatives of the other Party in respect of the matters conferred on the Contract Managers under this Agreement; and (b) notify promptly from time to time the other Party of any planned change of its Contract Manager or any deputy to the Contract Manager. 5.3 In the event of a dispute in connection with this Agreement, and the Parties are unable to resolve the dispute through their Contract Managers, the dispute shall be appropriately escalated within the Dealer and the Fund Manager for resolution. If the Parties are still not able to resolve the dispute within a reasonable period of time after such escalation, then the Parties may exercise their respective rights under this Agreement. 5.4 All disputes arising in connection with this Agreement shall be finally settled under the Rules of the ADR Institute of Canada by a single arbitrator appointed in accordance with such Rules. The place of arbitration shall be ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇. The language to be used during the proceedings shall be the English language. The arbitrators shall be instructed that time is of the essence in proceeding with their determination of any dispute and, unless otherwise agreed by the Parties, the decision of the arbitrators should be rendered within thirty (30) days of the conclusion of the final hearing of such dispute. The decision of the arbitral tribunal shall be in writing and shall be final and binding with rights of appeal in accordance with the Arbitration Act, 1991 (Ontario). Either Party may request any competent court, wherever situated, to declare the award enforceable and any legal fees and expenses incurred by such Party in connection with such request shall be paid by the non-executing party. Subject to applicable laws, the Parties undertake to keep strictly confidential the content of the arbitral proceedings and any arbitration award made in such proceedings. 5.5 While any bona fide, good faith dispute between the Parties is being resolved, and subject to any rights, including termination rights, arising after the matter in dispute, the Parties shall continue to process Transactions and maintain Documentation pursuant to the terms of this Agreement.
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Contract Management and Dispute Resolution. 5.1 Each Party will appoint one contract manager and, for periods when any contract manager is sick or on holidays, a deputy for him or her (the Contract Manager), who will be the initial point of contact for the other Party for the overall management of this Agreement. The initial Contract Managers are named in Appendix A for the Dealer and the Fund Manager. A Party shall direct all notices and communications, other than the routine transmission of Documentation under this Agreement to the other Party’s Contract Manager unless otherwise stated.
5.2 Each Party shall:
(a) be entitled to treat the other Party’s Contract Manager or any respective deputy as the authorised representatives of the other Party in respect of the matters conferred on the Contract Managers under this Agreement; and
(b) notify promptly from time to time the other Party of any planned change of its Contract Manager or any deputy to the Contract Manager.
5.3 In the event of a dispute in connection with this Agreement, and the Parties are unable to resolve the dispute through their Contract Managers, the dispute shall be appropriately escalated within the Dealer and the Fund Manager for resolution. If the Parties are still not able to resolve the dispute within a reasonable period of time after such escalation, then the Parties may exercise their respective rights under this Agreement.
5.4 All disputes arising in connection with this Agreement shall be finally settled under the Rules of the ADR Institute of Canada by a single arbitrator appointed in accordance with such Rules. The place of arbitration shall be ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇. The language to be used during the proceedings shall be the English language. The arbitrators shall be instructed that time is of the essence in proceeding with their determination of any dispute and, unless otherwise agreed by the Parties, the decision of the arbitrators should be rendered within thirty (30) days of the conclusion of the final hearing of such dispute. The decision of the arbitral tribunal shall be in writing and shall be final and binding with rights of appeal in accordance with the Arbitration Act, 1991 (Ontario). Either Party may request any competent court, wherever situated, to declare the award enforceable and any legal fees and expenses incurred by such Party in connection with such request shall be paid by the non-non- executing party. Subject to applicable laws, the Parties undertake to keep strictly confidential the content of the arbitral proceedings and any arbitration award made in such proceedings.
5.5 While any bona fide, good faith dispute between the Parties is being resolved, and subject to any rights, including termination rights, arising after the matter in dispute, the Parties shall continue to process Transactions and maintain Documentation pursuant to the terms of this Agreement.
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