Common use of Procedure to resolve Disputes Clause in Contracts

Procedure to resolve Disputes. If there is a Dispute, the parties must use reasonable endeavours to resolve that Dispute as soon as reasonably practicable. Subject to clause 42, the procedure that is to be followed to resolve a Dispute is as follows: first, negotiation of the Dispute under clause 41.5; second, if the Dispute is not resolved pursuant to clause 41.4(b)(i) and only if permitted under clause 41.5(b)(i), referral of the Dispute for determination by an Independent Expert under clause 41.6; and third, if the Dispute is not resolved pursuant to clause 41.4(b)(i) and if a referral of that Dispute for determination by an Independent Expert under clause 41.6 is permitted under this Agreement, that Dispute has not been resolved pursuant to clause 41.4(b)(ii), determination of the Dispute in a court of competent jurisdiction.

Appears in 2 contracts

Sources: Capacity Investment Scheme Agreement, Capacity Investment Scheme Agreement

Procedure to resolve Disputes. (a) If there is a Dispute, the parties must use reasonable endeavours to resolve that Dispute as soon as reasonably practicable. . (b) Subject to clause 42, the procedure that is to be followed to resolve a Dispute is as follows: : (i) first, negotiation of the Dispute under clause 41.5; ; (ii) second, if the Dispute is not resolved pursuant to clause 41.4(b)(i) and only if permitted under clause 41.5(b)(i), referral of the Dispute for determination by an Independent Expert under clause 41.6; and and (iii) third, if the Dispute is not resolved pursuant to clause 41.4(b)(i) and if a referral of that Dispute for determination by an Independent Expert under clause 41.6 is permitted under this Agreement, that Dispute has not been resolved pursuant to clause 41.4(b)(ii), determination of the Dispute in a court of competent jurisdiction.

Appears in 1 contract

Sources: Capacity Investment Scheme Agreement

Procedure to resolve Disputes. If there is a Dispute, the parties must use reasonable endeavours to resolve that Dispute as soon as reasonably practicable. Subject to clause 4236, the procedure that is to be followed to resolve a Dispute is as follows: first, negotiation of the Dispute under clause 41.535.5; second, if the Dispute is not resolved pursuant to clause 41.4(b)(i35.4(b)(i) and only if permitted under clause 41.5(b)(i35.5(b)(i), referral of the Dispute for determination by an Independent Expert under clause 41.635.6; and third, if the Dispute is not resolved pursuant to clause 41.4(b)(i35.4(b)(i) and if a referral of that Dispute for determination by an Independent Expert under clause 41.6 35.6 is permitted under this Agreement, that Dispute has not been resolved pursuant to clause 41.4(b)(ii35.4(b)(ii), determination of the Dispute in a court of competent jurisdiction.

Appears in 1 contract

Sources: Capacity Investment Scheme Agreement