Common use of – CLAUSE 9 – DISPUTES PROCEDURE Clause in Contracts

– CLAUSE 9 – DISPUTES PROCEDURE. (a) The procedure set out in this clause shall apply to a dispute – (i) Which is about the interpretation, application, or operation of this Agreement; and (ii) Which is between any or all of the parties bound by this Agreement (b) Any entity that is a party to this Agreement and any individual person who is covered by this Agreement may invoke the procedure and have the procedure invoked against them. (Any reference in this clause to ‘party’ or parties’ shall be read to include any person covered by this agreement who invokes the procedure or responds to the invoking of the procedure as the context of the relevant part of the clause reasonably requires.) (c) The party invoking the procedure shall advise the other party or parties to the Agreement of – (i) The existence of the dispute; and (ii) The basis of the dispute; and (iii) The solution sought in respect of the dispute. (d) The parties shall then meet to discuss the dispute. (e) If the parties fail to resolve the dispute, the party who invoked the procedure shall give to the other party or parties a written statement setting out – (i) The nature of the dispute; and (ii) The relevant facts in relation to the dispute; and (iii) The solution sought in respect of the dispute. (f) If the other party is not prepared or able to provide the solution sought, and the dispute has not otherwise been settled, the other party shall not later than the 14th day after the day of receiving the written statement of the dispute under Subclause 1.9(e), provide a written response setting out – (i) That party’s view of the facts; and (ii) The reason why that party is not prepared or able to provide the solution sought. (g) Where the parties agree in writing that the exchange of written statements under the preceding provisions is inappropriate or unnecessary, they may dispense with those parts of the procedure.

– CLAUSE 9 – DISPUTES PROCEDURE. (a) The procedure set out in this clause shall apply to a dispute – (i) Which is about the interpretation, application, or operation of this Agreement; and (ii) Which is between any or all of the parties bound by this Agreement (b) Any entity that is a party to this Agreement and any individual person who is covered by this Agreement may invoke the procedure and have the procedure invoked against them. (Any reference in this clause to ‘party’ „party‟ or parties’ parties‟ shall be read to include any person covered by this agreement who invokes the procedure or responds to the invoking of the procedure as the context of the relevant part of the clause reasonably requires.) (c) The party invoking the procedure shall advise the other party or parties to the Agreement of – (i) The existence of the dispute; and (ii) The basis of the dispute; and (iii) The solution sought in respect of the dispute. (d) The parties shall then meet to discuss the dispute. (e) If the parties fail to resolve the dispute, the party who invoked the procedure shall give to the other party or parties a written statement setting out – (i) The nature of the dispute; and (ii) The relevant facts in relation to the dispute; andand Released under the Official Information Act (iii) The solution sought in respect of the dispute. (f) If the other party is not prepared or able to provide the solution sought, and the dispute has not otherwise been settled, the other party shall not later than the 14th day after the day of receiving the written statement of the dispute under Subclause 1.9(e), provide a written response setting out – (i) That party’s party‟s view of the facts; and (ii) The reason why that party is not prepared or able to provide the solution sought. (g) Where the parties agree in writing that the exchange of written statements under the preceding provisions is inappropriate or unnecessary, they may dispense with those parts of the procedure.

– CLAUSE 9 – DISPUTES PROCEDURE. (a) The procedure set out in this clause shall apply to a dispute – (i) Which is about the interpretation, application, or operation of this Agreement; and (ii) Which is between any or all of the parties bound by this Agreement (b) Any entity that is a party to this Agreement and any individual person who is covered by this Agreement may invoke the procedure and have the procedure invoked against them. (Any reference in this clause to ‘party’ „party‟ or parties’ parties‟ shall be read to include any person covered by this agreement who invokes the procedure or responds to the invoking of the procedure as the context of the relevant part of the clause reasonably requires.) (c) The party invoking the procedure shall advise the other party or parties to the Agreement of – (i) The existence of the dispute; and (ii) The basis of the dispute; and (iii) The solution sought in respect of the dispute. (d) The parties shall then meet to discuss the dispute. (e) If the parties fail to resolve the dispute, the party who invoked the procedure shall give to the other party or parties a written statement setting out – (i) The nature of the dispute; and (ii) The relevant facts in relation to the dispute; and (iii) The solution sought in respect of the dispute. (f) If the other party is not prepared or able to provide the solution sought, and the dispute has not otherwise been settled, the other party shall not later than the 14th day after the day of receiving the written statement of the dispute under Subclause 1.9(e), provide a written response setting out – (i) That party’s party‟s view of the facts; and (ii) The reason why that party is not prepared or able to provide the solution sought. (g) Where the parties agree in writing that the exchange of written statements under the preceding provisions is inappropriate or unnecessary, they may dispense with those parts of the procedure.