Common use of Further steps required before proceedings Clause in Contracts

Further steps required before proceedings. (a) Except as provided in paragraph 3(b), any Dispute between Parties arising in connection with this Deed or its subject matter must as a condition precedent to the commencement of litigation first be the subject of mediation between a person appointed from time to time by each (under written notice to the other Parties) to represent that Party and: (i) If the Parties to the dispute cannot agree on a mediator within 10 Business Days of receipt by the relevant Part of the Dispute Notice, any such Party may request the President of the New South Wales Law Society to appoint a mediator; (ii) Each Party must use its best efforts to resolve the dispute by a mediation procedure to be agreed upon by each Party to the dispute; and (iii) If the mediation does not result in the resolution of the dispute within 30 Business Days of the Dispute Notice, then any Party to the Dispute is entitled to commence litigation in respect of that dispute (b) If the Dispute the subject of the Dispute Notice is: (i) Technical Dispute the value of which is more than $1 million (excluding prospective Legal Costs); or (ii) a Non-Technical Dispute, the Dispute is to be referred to the CEOs. (c) If the CEOs are unable in good faith to settle the Dispute within 15 Business Days after the Dispute Notice (or such longer period as the CEOs may unanimously agree), then, unless the CEOs unanimously agree in writing to the contrary (including an agreement that this Schedule 7 will apply as if the Dispute were a Technical Dispute) any one Party may take whatever course of action it deems appropriate for the purpose of resolving the Dispute and the provisions of this Schedule 7 will not apply.

Further steps required before proceedings. (a) Except as provided in paragraph 3(b), any Dispute between Parties arising in connection with this Deed or its subject matter must as a condition precedent to the commencement of litigation first be the subject of mediation between a person appointed from time to time by each (under written notice to the other Parties) to represent that Party and: (i) If the Parties to the dispute cannot agree on a mediator within 10 Business Days of receipt by the relevant Part of the Dispute Notice, any such Party may request the President of the New South Wales Law Society to appoint a mediator; (ii) Each Party must use its best efforts to resolve the dispute by a mediation procedure to be agreed upon by each Party to the dispute; and (iii) If the mediation does not result in the resolution of the dispute within 30 Business Days of the Dispute Notice, then any Party to the Dispute is entitled to commence litigation in respect of that dispute (b) If the Dispute the subject of the Dispute Notice is: (i) Technical Dispute the value of which is more than $1 million (excluding prospective Legal Costs); or (ii) a Non-Technical Dispute, the Dispute is to be referred to the CEOs. (c) If the CEOs are unable in good faith to settle the Dispute within 15 Business Days after the Dispute Notice (or such longer period as the CEOs may unanimously agree), then, unless the CEOs unanimously agree in writing to the contrary (including an agreement that this Schedule 7 will apply as if the Dispute were a Technical Dispute) any one Party may take whatever course of action it deems appropriate for the purpose of resolving the Dispute and the provisions of this Schedule 7 will not apply.