COMPENSATION CLAIMS BY BUYER. 24.1 This clause 24 applies to claims for compensation arising out of this Contract made by the Buyer against the Seller including claims under clause 23. 24.2 To make a claim for compensation (including a claim under clause 23) the Buyer must give notice to the Seller before Completion specifying the amount claimed and: (a) the Seller can rescind if in the case of a claim that is not a claim for delay: (i) the total amount claimed exceeds 5% of the Price; (ii) the Seller gives notice to the Buyer of an intention to rescind; and (iii) the Buyer does not give notice to the Seller waiving the claim within 10 Working Days after receiving the notice; (b) if the Seller does not rescind under clause 24.2(a) the Parties must complete and: (i) the claim must be finalised (subject to clause 24.2(b)(ii)) either by agreement or, failing agreement, by an arbitrator appointed by the Parties or, if an appointment is not made within 20 Working Days of Completion, by an arbitrator appointed by the President of the Law Society of the Australian Capital Territory at the request of a Party; (ii) the decision of the arbitrator is final, and binding save for: 1. manifest error by the arbitrator obvious on its face in the final determination by the arbitrator; 2. error in the application of law by the arbitrator in making his or her determination; or 3. improper or unlawful conduct by the arbitrator or either Party that affected or might reasonably be thought to affect the arbitrator’s determination; (iii) the costs of the arbitration must be shared equally by the Parties unless otherwise determined by the arbitrator; (iv) the Buyer is not entitled, in respect of the claim, to more than the total amount claimed and the costs of the Buyer; and (v) the claim lapses if the Parties do not appoint an arbitrator and neither Party asks the President of the Law Society of the Australian Capital Territory to appoint an arbitrator within 90 days after Completion.
Appears in 5 contracts
Samples: First Grant Contract, First Grant Contract, First Grant Contract
COMPENSATION CLAIMS BY BUYER. 24.1 This clause 24 applies to claims for compensation arising out of this Contract made by the Buyer against the Seller including claims under clause 23.
24.2 To make a claim for compensation (including a claim under clause 23) the Buyer must give notice to the Seller before Completion specifying the amount claimed and:;
(a) the Seller can rescind if in the case of a claim that is not a claim for delay:
(i) the total amount claimed exceeds 5% of the Price;
(ii) the Seller gives notice to the Buyer of an intention to rescind; and
(iii) the Buyer does not give notice to the Seller waiving the claim within 10 Working Days after receiving the notice;
(b) if the Seller does not rescind under clause 24.2(a) the Parties must complete and:;
(i) the claim must be finalised (subject to clause 24.2(b)(ii)) either by agreement or, failing agreement, by an arbitrator appointed by the Parties or, if an appointment is not made within 20 Working Days of Completion, by an arbitrator appointed by the President of the Law Society of the Australian Capital Territory at the request of a Party;
(ii) the decision of the arbitrator is final, final and binding save for:
1. manifest error by the arbitrator obvious on its face in the final determination by the arbitrator;
2. error in the application of law by the arbitrator in making his or her determination; or
3. improper or unlawful conduct by the arbitrator or either Party that affected or might reasonably be thought to affect the arbitrator’s determination;
(iii) the costs of the arbitration must be shared equally by the Parties unless otherwise determined by the arbitrator;
(iv) the Buyer is not entitled, in respect of the claim, to more than the total amount claimed and the costs of the Buyer; and
(v) the claim lapses if the Parties do not appoint an arbitrator and neither Party asks the President of the Law Society of the Australian Capital Territory to appoint an arbitrator within 90 days after Completion.
Appears in 5 contracts
Samples: First Grant Contract, First Grant Contract, First Grant Contract
COMPENSATION CLAIMS BY BUYER. 24.1 25.1 This clause 24 25 applies to claims for compensation arising out of this Contract made by the Buyer against the Seller including claims under clause 2324.
24.2 25.2 To make a claim for compensation (including a claim under clause 2324) the Buyer must give notice to the Seller before Completion specifying the amount claimed and:
(a) the Seller can rescind if in the case of a claim that is not a claim for delay:
(i) the total amount claimed exceeds 5% of the Price;
(ii) the Seller gives notice to the Buyer of an intention to rescind; and
(iiiii) the Buyer does not give notice to the Seller waiving the claim within 10 Working Days after receiving the notice;; and
(b) if the Seller does not rescind under clause 24.2(a) 25.2(a), the Parties parties must complete (without any deduction to the Price) and:
(i) the claim must be finalised (subject to clause 24.2(b)(ii25.2(b)(v)) either by agreement or, failing agreement, by an arbitrator appointed by the Parties parties or, if an appointment is not made within 20 Working Days of Completion, by an arbitrator appointed by the President of the Law Society of the Australian Capital Territory at the request of a Partyparty;
(ii) the decision of the arbitrator is final, final and binding save for:
1. manifest error by the arbitrator obvious on its face in the final determination by the arbitrator;
2. error in the application of law by the arbitrator in making his or her determination; or
3. improper or unlawful conduct by the arbitrator or either Party that affected or might reasonably be thought to affect the arbitrator’s determinationbinding;
(iii) the costs of the arbitration must be shared equally by the Parties parties unless otherwise determined by the arbitrator;
(iv) the Buyer is not entitled, in respect of the claim, to more than the total amount claimed and the costs of the Buyer; and
(v) the claim lapses if the Parties parties do not appoint an arbitrator and neither Party party asks the President of the Law Society of the Australian Capital Territory to appoint an arbitrator within 90 days 3 calendar months after Completion.
Appears in 5 contracts
Samples: Grant Contract, First Grant Contract, First Grant Contract
COMPENSATION CLAIMS BY BUYER. 24.1 This clause 24 applies to claims for compensation arising out of this Contract made by the Buyer against the Seller including claims under clause 23.
24.2 To make a claim for compensation (including a claim under clause 23) the Buyer must give notice to the Seller before Completion specifying the amount claimed and:
(a) the Seller can rescind if in the case of a claim that is not a claim for delay:
(i) the total amount claimed exceeds 5% of the Price;
(ii) the Seller gives notice to the Buyer of an intention to rescind; and
(iii) the Buyer does not give notice to the Seller waiving the claim within 10 Working Days after receiving the notice;; and
(b) if the Seller does not rescind under clause 24.2(a) ), the Parties parties must complete and:
(i) the claim must be finalised (subject to clause 24.2(b)(ii24.2(b)(v)) either by agreement or, failing agreement, by an arbitrator appointed by the Parties parties or, if an appointment is not made within 20 Working Days of Completion, by an arbitrator appointed by the President of the Law Society of the Australian Capital Territory at the request of a Partyparty;
(ii) the decision of the arbitrator is final, final and binding save except for:;
1. a. manifest error by the arbitrator obvious on its face in the final determination by the arbitrator;
2. b. error in the application of law by the arbitrator in making his or her determination; or
3. c. improper or unlawful conduct by the arbitrator or either Party that affected or might reasonably be thought to affect have affected the arbitrator’s 's determination;
(iii) the costs of the arbitration must be shared equally by the Parties parties unless otherwise determined by the arbitrator;
(iv) the Buyer is not entitled, in respect of the claim, to more than the total amount claimed and the costs of the Buyer; and
(v) the claim lapses if the Parties parties do not appoint an arbitrator and neither Party party asks the President of the Law Society of the Australian Capital Territory to appoint an arbitrator within 90 days 3 calendar months after Completion.
Appears in 3 contracts
Samples: First Grant Contract, First Grant Contract, Grant Contract
COMPENSATION CLAIMS BY BUYER. 24.1 23.1 This clause 24 23 applies to claims for compensation arising out of this Contract made by the Buyer against the Seller including claims under clause 2322.
24.2 23.2 To make a claim for compensation (including a claim under clause 2322) the Buyer must give notice to the Seller before Completion specifying the amount claimed and:
(a) the Seller can rescind if in the case of a claim that is not a claim for delay:
(i) the total amount claimed exceeds 5% of the Price;
(ii) the Seller gives notice to the Buyer of an intention to rescind; and
(iii) the Buyer does not give notice to the Seller waiving the claim within 10 Working Days after receiving the notice;
(b) if the Seller does not rescind under clause 24.2(a23.2(a) the Parties must complete and:
(i) the claim must be finalised (subject to clause 24.2(b)(ii23.2(b)(ii)) either by agreement or, failing agreement, by an arbitrator appointed by the Parties or, if an appointment is not made within 20 Working Days of Completion, by an arbitrator appointed by the President of the Law Society of the Australian Capital Territory at the request of a Party;
(ii) the decision of the arbitrator is final, and binding save for:
1. manifest error by the arbitrator obvious on its face in the final determination by the arbitrator;
2. error in the application of law by the arbitrator in making his or her determination; or
3. improper or unlawful conduct by the arbitrator or either Party that affected or might reasonably be thought to affect the arbitrator’s determination;
(iii) the costs of the arbitration must be shared equally by the Parties unless otherwise determined by the arbitrator;
(iv) the Buyer is not entitled, in respect of the claim, to more than the total amount claimed and the costs of the Buyer; and
(v) the claim lapses if the Parties do not appoint an arbitrator and neither Party asks the President of the Law Society of the Australian Capital Territory to appoint an arbitrator within 90 days after Completion.
Appears in 3 contracts
Samples: First Grant Contract, First Grant Contract, First Grant Contract
COMPENSATION CLAIMS BY BUYER.
24.1 This clause 24 applies to claims for compensation arising out of this Contract made by the Buyer against the Seller including claims under clause 23.
24.2 To make a claim for compensation (including a claim under clause 23) the Buyer must give notice to the Seller before Completion specifying the amount claimed and:and:
(a) the Seller can rescind if in the case of a claim that is not a claim for delay:
(i) the total amount claimed exceeds 5% of the Price;
(ii) the Seller gives notice to the Buyer of an intention to rescind; and
(iii) the Buyer does not give notice to the Seller waiving the claim within 10 Working Days 14 days after receiving the notice;; and
(b) if the Seller does not rescind under clause 24.2(a) ), the Parties parties must complete and:
(i) the claim must be finalised (subject to clause 24.2(b)(ii24.2(b)(v)) either by agreement or, failing agreement, by an arbitrator appointed by the Parties parties or, if an appointment is not made within 20 Working Days 28 days of Completion, by an arbitrator appointed by the President of the Law Society of the Australian Capital Territory at the request of a Partyparty;
(ii) the decision of the arbitrator is final, final and binding save for:
1. manifest error by the arbitrator obvious on its face in the final determination by the arbitrator;
2. error in the application of law by the arbitrator in making his or her determination; or
3. improper or unlawful conduct by the arbitrator or either Party that affected or might reasonably be thought to affect the arbitrator’s determinationbinding;
(iii) the costs of the arbitration must be shared equally by the Parties parties unless otherwise determined by the arbitrator;
(iv) the Buyer is not entitled, in respect of the claim, to more than the total amount claimed and the costs of the Buyer; and
(v) the claim lapses if the Parties parties do not appoint an arbitrator and neither Party party asks the President of the Law Society of the Australian Capital Territory to appoint an arbitrator within 90 days after Completion.
Appears in 3 contracts
Samples: Grant Contract, Grant Contract, Grant Contract
COMPENSATION CLAIMS BY BUYER. 24.1 This clause 24 applies to claims for compensation arising out of this Contract made by the Buyer against the Seller including claims under clause 23.
24.2 To make a claim for compensation (including a claim under clause 23) the Buyer must give notice to the Seller before Completion specifying the amount claimed and:
(a) the Seller can rescind if in the case of a claim that is not a claim for delay:
: (i) the total amount claimed exceeds 5% of the Price;
(ii) the Seller gives notice to the Buyer of an intention to rescind; and
(iiiii) the Buyer does not give notice to the Seller waiving the claim within 10 Working Days after receiving the notice;; and
(b) if the Seller does not rescind under clause 24.2(a) the Parties must complete (without any deduction to the Price) and:
(i) the claim must be finalised (subject to clause 24.2(b)(ii)) either by agreement or, failing agreement, by an arbitrator appointed by the Parties parties or, if an appointment is not made within 20 Working Days of Completion, by an arbitrator appointed by the President of the Law Society of the Australian Capital Territory at the request of a Partyparty;
(ii) the decision of the arbitrator is final, and binding save for:
1. A. manifest error by the arbitrator obvious on its face in the final determination by the arbitrator;
2. B. error in the application of law by the arbitrator in making his or her determination; or
3. C. improper or unlawful conduct by the arbitrator or either Party party that affected or might reasonably be thought to affect the arbitrator’s determination;
(iii) the costs of the arbitration must be shared equally by the Parties parties unless otherwise determined by the arbitrator;
(iv) the Buyer is not entitled, in respect of the claim, to more than the total amount claimed and the costs of the Buyer; and
(v) the claim lapses if the Parties parties do not appoint an arbitrator and neither Party party asks the President of the Law Society of the Australian Capital Territory to appoint an arbitrator within 90 days 3 calendar months after Completion.
Appears in 2 contracts
Samples: First Grant Contract, First Grant Contract
COMPENSATION CLAIMS BY BUYER.
24.1 This clause 24 applies to claims for compensation arising out of this Contract made by the Buyer against the Seller including claims under clause 23.
24.2 To make a claim for compensation (including a claim under clause 23) the Buyer must give notice to the Seller before Completion specifying the amount claimed and:and:
(a) the Seller can rescind if in the case of a claim that is not a claim for delay:
(i) the total amount claimed exceeds 5% of the Price;
(ii) the Seller gives notice to the Buyer of an intention to rescind; and
(iii) the Buyer does not give notice to the Seller waiving the claim within 10 Working Days after receiving the notice;; and
(b) if the Seller does not rescind under clause 24.2(a) ), the Parties parties must complete and:
(i) the claim must be finalised (subject to clause 24.2(b)(ii24.2(b)(v)) either by agreement or, failing agreement, by an arbitrator appointed by the Parties parties or, if an appointment is not made within 20 Working Days of Completion, by an arbitrator appointed by the President of the Law Society of the Australian Capital Territory at the request of a Partyparty;
(ii) the decision of the arbitrator is final, final and binding save except for:;
1. a. manifest error by the arbitrator obvious on its face in the final determination by the arbitrator;
2. b. error in the application of law by the arbitrator in making his or her determination; or
3. c. improper or unlawful conduct by the arbitrator or either Party that affected or might reasonably be thought to affect have affected the arbitrator’s 's determination;
(iii) the costs of the arbitration must be shared equally by the Parties parties unless otherwise determined by the arbitrator;
(iv) the Buyer is not entitled, in respect of the claim, to more than the total amount claimed and the costs of the Buyer; and
(v) the claim lapses if the Parties parties do not appoint an arbitrator and neither Party party asks the President of the Law Society of the Australian Capital Territory to appoint an arbitrator within 90 days 3 calendar months after Completion.
Appears in 2 contracts
Samples: Grant Contract, First Grant Contract
COMPENSATION CLAIMS BY BUYER. 24.1
23.1 This clause 24 23 applies to claims for compensation arising out of this Contract made by the Buyer against the Seller including claims under clause 2322.
24.2 23.2 To make a claim for compensation (including a claim under clause 2322) the Buyer must give notice to the Seller before Completion specifying the amount claimed and:and:
(a) the Seller can rescind if in the case of a claim that is not a claim for delay:
(i) the total amount claimed exceeds 5% of the Price;
(ii) the Seller gives notice to the Buyer of an intention to rescind; and
(iii) the Buyer does not give notice to the Seller waiving the claim within 10 Working Days 14 days after receiving the notice;; and
(b) if the Seller does not rescind under clause 24.2(a) 23.2(a), the Parties parties must complete and:
(i) the claim must be finalised (subject to clause 24.2(b)(ii23.2(b)(v)) either by agreement or, failing agreement, by an arbitrator appointed by the Parties parties or, if an appointment is not made within 20 Working Days 28 days of Completion, by an arbitrator appointed by the President of the Law Society of the Australian Capital Territory at the request of a Partyparty;
(ii) the decision of the arbitrator is final, final and binding save for:
1. manifest error by the arbitrator obvious on its face in the final determination by the arbitrator;
2. error in the application of law by the arbitrator in making his or her determination; or
3. improper or unlawful conduct by the arbitrator or either Party that affected or might reasonably be thought to affect the arbitrator’s determinationbinding;
(iii) the costs of the arbitration must be shared equally by the Parties parties unless otherwise determined by the arbitrator;
(iv) the Buyer is not entitled, in respect of the claim, to more than the total amount claimed and the costs of the Buyer; and
(v) the claim lapses if the Parties parties do not appoint an arbitrator and neither Party party asks the President of the Law Society of the Australian Capital Territory to appoint an arbitrator within 90 days after Completion.
Appears in 1 contract
Samples: First Grant Contract
COMPENSATION CLAIMS BY BUYER. 24.1
27.1 This clause 24 27 applies to claims for compensation arising out of this Contract made by the Buyer against the Seller including claims under clause 23.26.
24.2 27.2 To make a claim for compensation (including a claim under clause 2326) the Buyer must give notice to the Seller before Completion specifying the amount claimed and:and:
(a) the Seller can rescind if in the case of a claim that is not a claim for delay:
(i) the total amount claimed exceeds 5% of the Price;
(ii) the Seller gives notice to the Buyer of an intention to rescind; and
(iii) the Buyer does not give notice to the Seller waiving the claim within 10 Working Days 14 days after receiving the notice;; and
(b) if the Seller does not rescind under clause 24.2(a) 27.2(a), the Parties parties must complete and:and:
(i) the claim must be finalised (subject to clause 24.2(b)(ii)) either 27.2(b)(v))either by agreement or, failing agreement, by an arbitrator appointed by the Parties parties or, if an appointment is not made within 20 Working Days 28 days of Completion, by an arbitrator appointed by the President of the Law Society of the Australian Capital Territory at the request of a Party;party;
(ii) the decision of the arbitrator is final, final and binding save for:
1. manifest error by the arbitrator obvious on its face in the final determination by the arbitrator;
2. error in the application of law by the arbitrator in making his or her determination; or
3. improper or unlawful conduct by the arbitrator or either Party that affected or might reasonably be thought to affect the arbitrator’s determinationbinding;
(iii) the costs of the arbitration must be shared equally by the Parties parties unless otherwise determined by the arbitrator;arbitrator;
(iv) the Buyer is not entitled, in respect of the claim, to more than the total amount claimed and the costs of the Buyer; and
(v) the claim lapses if the Parties parties do not appoint an arbitrator and neither Party party asks the President of the Law Society of the Australian Capital Territory to appoint an arbitrator within 90 days after Completion.Completion.
Appears in 1 contract
Samples: Grant Contract
COMPENSATION CLAIMS BY BUYER. 24.1 23.1 This clause 24 23 applies to claims for compensation arising out of this Contract made by the Buyer against the Seller including claims under clause 2322.
24.2 23.2 To make a claim for compensation (including a claim under clause 2322) the Buyer must give notice to the Seller before Completion specifying the amount claimed and:
(a) the Seller can rescind if in the case of a claim that is not a claim for delay:
(i) the total amount claimed exceeds 5% of the Price;
(ii) the Seller gives notice to the Buyer of an intention to rescind; and
(iii) the Buyer does not give notice to the Seller waiving the claim within 10 Working Days 14 days after receiving the notice;; and
(b) if the Seller does not rescind under clause 24.2(a) 23.2(a), the Parties parties must complete and:
(i) the claim must be finalised (subject to clause 24.2(b)(ii23.2(b)(v)) either by agreement or, failing agreement, by an arbitrator appointed by the Parties parties or, if an appointment is not made within 20 Working Days 28 days of Completion, by an arbitrator appointed by the President of the Law Society of the Australian Capital Territory at the request of a Partyparty;
(ii) the decision of the arbitrator is final, final and binding save for:
1. manifest error by the arbitrator obvious on its face in the final determination by the arbitrator;
2. error in the application of law by the arbitrator in making his or her determination; or
3. improper or unlawful conduct by the arbitrator or either Party that affected or might reasonably be thought to affect the arbitrator’s determinationbinding;
(iii) the costs of the arbitration must be shared equally by the Parties parties unless otherwise determined by the arbitrator;
(iv) the Buyer is not entitled, in respect of the claim, to more than the total amount claimed and the costs of the Buyer; and
(v) the claim lapses if the Parties parties do not appoint an arbitrator and neither Party party asks the President of the Law Society of the Australian Capital Territory to appoint an arbitrator within 90 days after Completion.
Appears in 1 contract
Samples: Grant Contract
COMPENSATION CLAIMS BY BUYER.
24.1 This clause 24 applies to claims for compensation arising out of this Contract made by the Buyer against the Seller including claims under clause 23.
24.2 To make a claim for compensation (including a claim under clause 23) the Buyer must give notice to the Seller before Completion specifying the amount claimed and:;
(a) the Seller can rescind if in the case of a claim that is not a claim for delay:
(i) the total amount claimed exceeds 5% of the Price;
(ii) the Seller gives notice to the Buyer of an intention to rescind; and
(iii) the Buyer does not give notice to the Seller waiving the claim within 10 Working Days after receiving the notice;
(b) if the Seller does not rescind under clause 24.2(a) the Parties must complete and:;
(i) the claim must be finalised (subject to clause 24.2(b)(ii)) either by agreement or, failing agreement, by an arbitrator appointed by the Parties or, if an appointment is not made within 20 Working Days of Completion, by an arbitrator appointed by the President of the Law Society of the Australian Capital Territory at the request of a Party;
(ii) the decision of the arbitrator is final, final and binding save for:
1. manifest error by the arbitrator obvious on its face in the final determination by the arbitrator;
2. error in the application of law by the arbitrator in making his or her determination; or
3. improper or unlawful conduct by the arbitrator or either Party that affected or might reasonably be thought to affect the arbitrator’s determination;
(iii) the costs of the arbitration must be shared equally by the Parties unless otherwise determined by the arbitrator;
(iv) the Buyer is not entitled, in respect of the claim, to more than the total amount claimed and the costs of the Buyer; and
(v) the claim lapses if the Parties do not appoint an arbitrator and neither Party asks the President of the Law Society of the Australian Capital Territory to appoint an arbitrator within 90 days after Completion.
Appears in 1 contract
Samples: First Grant Contract
COMPENSATION CLAIMS BY BUYER. 24.1 27.1 This clause 24 27 applies to claims for compensation arising out of this Contract made by the Buyer against the Seller including claims under clause 2326.
24.2 27.2 To make a claim for compensation (including a claim under clause 2326) the Buyer must give notice to the Seller before Completion specifying the amount claimed and:;
(a) the Seller can rescind if in the case of a claim that is not a claim for delay:
(i) the total amount claimed exceeds 5% of the Price;
(ii) the Seller gives notice to the Buyer of an intention to rescind; and
(iii) the Buyer does not give notice to the Seller waiving the claim within 10 Working Days 14 days after receiving the notice;; and
(b) if the Seller does not rescind under clause 24.2(a27.2
(a) the Parties must complete and:;
(i) the claim must be finalised f inalised (subject to clause 24.2(b)(ii27.2(b)(ii)) either by agreement or, failing agreement, by an arbitrator appointed by the Parties or, if an appointment is not made within 20 Working Days 28 days of Completion, by an arbitrator appointed by the President of the Law Society of the Australian Capital Territory at the request of a Party;
(ii) the decision of the arbitrator is final, final and binding save for:
1. A. manifest error by the arbitrator obvious on its face in the final f inal determination by the arbitrator;
2. B. error in the application of law by the arbitrator in making his or her determination; or
3. C. improper or unlawful conduct by the arbitrator or either Party that affected or might reasonably be thought to affect the arbitrator’s determination;
(iii) the costs of the arbitration must be shared equally by the Parties unless otherwise determined by the arbitrator;
(iv) the Buyer is not entitled, in respect of the claim, to more than the total amount claimed and the costs of the Buyer; and
(v) the claim lapses if the Parties do not appoint an arbitrator and neither Party asks the President of the Law Society of the Australian Capital Territory to appoint an arbitrator within 90 days after Completion.
Appears in 1 contract
Samples: First Grant Contract
COMPENSATION CLAIMS BY BUYER.
24.1 This clause 24 applies to claims for compensation arising out of this Contract made by the Buyer against the Seller including claims under clause 23.
24.2 To make a claim for compensation (including a claim under clause 23) the Buyer must give notice to the Seller before Completion specifying the amount claimed and:;
(a) the Seller can rescind if in the case of a claim that is not a claim for delay:delay:
(i) the total amount claimed exceeds 5% of the Price;
(ii) the Seller gives notice to the Buyer of an intention to rescind; and
(iii) the Buyer does not give notice to the Seller waiving the claim within 10 Working Days 14 days after receiving the notice;; and
(b) if the Seller does not rescind under clause 24.2(a) ), the Parties parties must complete and:
(i) the claim must be finalised (subject to clause 24.2(b)(ii24.2(b)(v)) either by agreement or, failing agreement, by an arbitrator appointed by the Parties parties or, if an appointment is not made within 20 Working Days of Completion, by an arbitrator appointed by the President of the Law Society of the Australian Capital Territory at the request of a Partyparty;
(ii) the decision of the arbitrator is final, final and binding save for:
1. manifest error by the arbitrator obvious on its face in the final determination by the arbitrator;
2. error in the application of law by the arbitrator in making his or her determination; or
3. improper or unlawful conduct by the arbitrator or either Party that affected or might reasonably be thought to affect the arbitrator’s determinationbinding;
(iii) the costs of the arbitration must be shared equally by the Parties parties unless otherwise determined by the arbitrator;
(iv) the Buyer is not entitled, in respect of the claim, to more than the total amount claimed and the costs of the Buyer; and
(v) the claim lapses if the Parties parties do not appoint an arbitrator and neither Party party asks the President of the Law Society of the Australian Capital Territory to appoint an arbitrator within 90 days after Completion.Completion.
Appears in 1 contract
Samples: Grant Contract
COMPENSATION CLAIMS BY BUYER. 24.1 This clause 24 applies to claims for compensation arising out of this Contract made by the Buyer against the Seller including claims under clause 23.
24.2 To make a claim for compensation (including a claim under clause 23) the Buyer must give notice to the Seller before Completion specifying the amount claimed and:
(a) the Seller can rescind if in the case of a claim that is not a claim for delay:
(i) the total amount claimed exceeds 5% of the Price;
(ii) the Seller gives notice to the Buyer of an intention to rescind; and
(iii) the Buyer does not give notice to the Seller waiving the claim within 10 Working Days after receiving the notice;
(b) if the Seller does not rescind under clause 24.2(a) the Parties must complete and:
(i) the claim must be finalised f inalised (subject to clause 24.2(b)(ii)) either by agreement or, failing agreement, by an arbitrator appointed by the Parties or, if an appointment is not made within 20 Working Days of Completion, by an arbitrator appointed by the President of the Law Society of the Australian Capital Territory at the request of a Party;
(ii) the decision of the arbitrator is final, and binding save for:
1. manifest error by the arbitrator obvious on its face in the final f inal determination by the arbitrator;
2. error in the application of law by the arbitrator in making his or her determination; or
3. improper or unlawful conduct by the arbitrator or either Party that affected or might reasonably be thought to affect the arbitrator’s determination;
(iii) the costs of the arbitration must be shared equally by the Parties unless otherwise determined by the arbitrator;
(iv) the Buyer is not entitled, in respect of the claim, to more than the total amount claimed and the costs of the Buyer; and
(v) the claim lapses if the Parties do not appoint an arbitrator and neither Party asks the President of the Law Society of the Australian Capital Territory to appoint an arbitrator within 90 days after Completion.
Appears in 1 contract
Samples: First Grant Contract
COMPENSATION CLAIMS BY BUYER. 24.1
19.1 This clause 24 19 applies to claims for compensation arising out of this Contract made by the Buyer against the Seller including claims under clause 23.18.
24.2 19.2 To make a claim for compensation (including a claim under clause 2318) the Buyer must give notice to the Seller before Completion specifying the amount claimed and:and;
(a) the Seller can rescind if in the case of a claim that is not a claim for delay:
(i) the total amount claimed exceeds 5% of the Price;
(ii) the Seller gives notice to the Buyer of an intention to rescind; and
(iii) the Buyer does not give notice to the Seller waiving the claim within 10 Working Days after receiving the notice;
(b) if the Seller does not rescind under clause 24.2(a) 19.2(a), the Parties parties must complete and:and;
(i) the claim must be finalised (subject to clause 24.2(b)(ii19.2(b)(ii)) either by agreement or, failing agreement, by an arbitrator appointed by the Parties parties or, if an appointment is not made within 20 Working Days of Completion, by an arbitrator appointed by the President of the Law Society of the Australian Capital Territory at the request of a Party;party;
(ii) the decision of the arbitrator is final, final and binding save for:for:
1. a. manifest error by the arbitrator arbitor obvious on its face in the final determination by the arbitrator;
2. b. error in the application of law by the arbitrator in making his or her determination; or
3. c. improper or unlawful conduct by the arbitrator or either Party party that affected or might reasonably be thought to affect the arbitrator’s determination;
(iii) the costs of the arbitration must be shared equally by the Parties parties unless otherwise determined by the arbitrator;
(iv) the Buyer is not entitled, in respect of the claim, to more than the total amount claimed and the costs of the Buyer; andBuyer;
(v) the claim lapses if the Parties parties do not appoint an arbitrator and neither Party party asks the President of the Law Society of the Australian Capital Territory to appoint an arbitrator within 90 days after Completion.
Appears in 1 contract
Samples: Commercial Contract for Sale
COMPENSATION CLAIMS BY BUYER. 24.1 27.1 This clause 24 27 applies to claims for compensation arising out of this Contract made by the Buyer against the Seller including claims under clause 2326.
24.2 27.2 To make a claim for compensation (including a claim under clause 2326) the Buyer must give notice to the Seller before Completion specifying the amount claimed and:;
(a) the Seller can rescind if in the case of a claim that is not a claim for delay:
(i) the total amount claimed exceeds 5% of the Price;
(ii) the Seller gives notice to the Buyer of an intention to rescind; and
(iii) the Buyer does not give notice to the Seller waiving the claim within 10 Working Days 14 days after receiving the notice;
(b) if the Seller does not rescind under clause 24.2(a27.2
(a) the Parties must complete and:;
(i) the claim must be finalised (subject to clause 24.2(b)(ii27.2(b)(ii)) either by agreement or, failing agreement, by an arbitrator appointed by the Parties or, if an appointment is not made within 20 Working Days 28 days of Completion, by an arbitrator appointed by the President of the Law Society of the Australian Capital Territory at the request of a Party;
(ii) the decision of the arbitrator is final, final and binding save for:
1. manifest error by the arbitrator obvious on its face in the final determination by the arbitrator;
2. error in the application of law by the arbitrator in making his or her determination; or
3. improper or unlawful conduct by the arbitrator or either Party that affected or might reasonably be thought to affect the arbitrator’s determination;
(iii) the costs of the arbitration must be shared equally by the Parties unless otherwise determined by the arbitrator;
(iv) the Buyer is not entitled, in respect of the claim, to more than the total amount claimed and the costs of the Buyer; and
(v) the claim lapses if the Parties do not appoint an arbitrator and neither Party asks the President of the Law Society of the Australian Capital Territory to appoint an arbitrator within 90 days after Completion.
Appears in 1 contract
Samples: First Grant Contract
COMPENSATION CLAIMS BY BUYER.
24.1 This clause 24 applies to claims for compensation arising out of this Contract made by the Buyer against the Seller including claims under clause 23.
24.2 To make a claim for compensation (including a claim under clause 23) the Buyer must give notice to the Seller before Completion specifying the amount claimed and:and:
(a) the Seller can rescind if in the case of a claim that is not a claim for delay:delay:
(i) the total amount claimed exceeds 5% of the Price;
(ii) the Seller gives notice to the Buyer of an intention to rescind; and
(iii) the Buyer does not give notice to the Seller waiving the claim within 10 Working Days after receiving the notice;; and
(b) if the Seller does not rescind under clause 24.2(a) ), the Parties parties must complete and:and:
(i) the claim must be finalised (subject to clause 24.2(b)(ii24.2(b)(v)) either by agreement or, failing agreement, by an arbitrator appointed by the Parties parties or, if an appointment is not made within 20 Working Days of Completion, by an arbitrator appointed by the President of the Law Society of the Australian Capital Territory at the request of a Partyparty;
(ii) the decision of the arbitrator is final, final and binding save except for:;
1. a. manifest error by the arbitrator obvious on its face in the final determination by the arbitrator;
2. b. error in the application of law by the arbitrator in making his or her determination; or
3. c. improper or unlawful conduct by the arbitrator or either Party that affected or might reasonably be thought to affect have affected the arbitrator’s 's determination;
(iii) the costs of the arbitration must be shared equally by the Parties parties unless otherwise determined by the arbitrator;
(iv) the Buyer is not entitled, in respect of the claim, to more than the total amount claimed and the costs of the Buyer; and
(v) the claim lapses if the Parties parties do not appoint an arbitrator and neither Party party asks the President of the Law Society of the Australian Capital Territory to appoint an arbitrator within 90 days 3 calendar months after Completion.
Appears in 1 contract
Samples: Grant Contract
COMPENSATION CLAIMS BY BUYER. 24.1 25.1 This clause 24 25 applies to claims for compensation arising out of this Contract made by the Buyer against the Seller including claims under clause 2324.
24.2 25.2 To make a claim for compensation (including a claim under clause 2324) the Buyer must give notice to the Seller before Completion specifying the amount claimed and:
(a) the Seller can rescind if in the case of a claim that is not a claim for delay:
(i) the total amount claimed exceeds 5% of the Price;
(ii) the Seller gives notice to the Buyer of an intention to rescind; and
(iiiii) the Buyer does not give notice to the Seller waiving the claim within 10 Working Days after receiving the notice;; and
(b) if the Seller does not rescind under clause 24.2(a25.2(a) the Parties must complete (without any deduction to the Price) and:
(i) the claim must be finalised (subject to clause 24.2(b)(ii25.2(b)(ii)) either by agreement or, failing agreement, by an arbitrator appointed by the Parties parties or, if an appointment is not made within 20 Working Days of Completion, by an arbitrator appointed by the President of the Law Society of the Australian Capital Territory at the request of a Partyparty;
(ii) the decision of the arbitrator is final, and binding save for:
1. A. manifest error by the arbitrator obvious on its face in the final determination by the arbitrator;
2. B. error in the application of law by the arbitrator in making his or her determination; or
3. C. improper or unlawful conduct by the arbitrator or either Party party that affected or might reasonably be thought to affect the arbitrator’s determination;
(iii) the costs of the arbitration must be shared equally by the Parties parties unless otherwise determined by the arbitrator;
(iv) the Buyer is not entitled, in respect of the claim, to more than the total amount claimed and the costs of the Buyer; and
(v) the claim lapses if the Parties parties do not appoint an arbitrator and neither Party party asks the President of the Law Society of the Australian Capital Territory to appoint an arbitrator within 90 days 3 calendar months after Completion.
Appears in 1 contract
Samples: First Grant Contract
COMPENSATION CLAIMS BY BUYER. 24.1
28.1 This clause 24 28 applies to claims for compensation arising out of this Contract made by the Buyer against the Seller including claims under clause 2327.
24.2 28.2 To make a claim for compensation (including a claim under clause 2327) the Buyer must give notice to the Seller before Completion specifying the amount claimed and:and:
(a) the Seller can rescind if in the case of a claim that is not a claim for delay:
(i) the total amount claimed exceeds 5% of the Price;
(ii) the Seller gives notice to the Buyer of an intention to rescind; and
(iii) the Buyer does not give notice to the Seller waiving the claim within 10 Working Days 14 days after receiving the notice;; and
(b) if the Seller does not rescind under clause 24.2(a) 28.2(a), the Parties parties must complete and:
(i) the claim must be finalised (subject to clause 24.2(b)(ii28.2(b)(v)) either by agreement or, failing agreement, by an arbitrator appointed by the Parties parties or, if an appointment is not made within 20 Working Days 28 days of Completion, by an arbitrator appointed by the President of the Law Society of the Australian Capital Territory at the request of a Partyparty;
(ii) the decision of the arbitrator is final, final and binding save for:
1. manifest error by the arbitrator obvious on its face in the final determination by the arbitrator;
2. error in the application of law by the arbitrator in making his or her determination; or
3. improper or unlawful conduct by the arbitrator or either Party that affected or might reasonably be thought to affect the arbitrator’s determinationbinding;
(iii) the costs of the arbitration must be shared equally by the Parties parties unless otherwise determined by the arbitrator;
(iv) the Buyer is not entitled, in respect of the claim, to more than the total amount claimed and the costs of the Buyer; and
(v) the claim lapses if the Parties parties do not appoint an arbitrator and neither Party party asks the President of the Law Society of the Australian Capital Territory to appoint an arbitrator within 90 days after Completion.
Appears in 1 contract
Samples: First Grant Contract
COMPENSATION CLAIMS BY BUYER. 24.1
25.1 This clause 24 25 applies to claims for compensation arising out of this Contract made by the Buyer against the Seller including claims under clause 2324.
24.2 25.2 To make a claim for compensation (including a claim under clause 2324) the Buyer must give notice to the Seller before Completion specifying the amount claimed and:and:
(a) the Seller can rescind if in the case of a claim that is not a claim for delay:delay:
(i) the total amount claimed exceeds 5% of the Price;
(ii) the Seller gives notice to the Buyer of an intention to rescind; and
(iiiii) the Buyer does not give notice to the Seller waiving the claim within 10 Working Days after receiving the notice;; and
(b) if the Seller does not rescind under clause 24.2(a) 25.2(a), the Parties parties must complete and:(without any deduction to the Price) and:
(i) the claim must be finalised (subject to clause 24.2(b)(ii25.2(b)(v)) either by agreement or, failing agreement, by an arbitrator appointed by the Parties parties or, if an appointment is not made within 20 Working Days of Completion, by an arbitrator appointed by the President of the Law Society of the Australian Capital Territory at the request of a Partyparty;
(ii) the decision of the arbitrator is final, final and binding save for:
1. manifest error by the arbitrator obvious on its face in the final determination by the arbitrator;
2. error in the application of law by the arbitrator in making his or her determination; or
3. improper or unlawful conduct by the arbitrator or either Party that affected or might reasonably be thought to affect the arbitrator’s determinationbinding;
(iii) the costs of the arbitration must be shared equally by the Parties parties unless otherwise determined by the arbitrator;
(iv) the Buyer is not entitled, in respect of the claim, to more than the total amount claimed and the costs of the Buyer; and
(v) the claim lapses if the Parties parties do not appoint an arbitrator and neither Party party asks the President of the Law Society of the Australian Capital Territory to appoint an arbitrator within 90 days 3 calendar months after Completion.
Appears in 1 contract
Samples: First Grant Contract
COMPENSATION CLAIMS BY BUYER. 24.1 26.1 This clause 24 26 applies to claims for compensation arising out of this Contract made by the Buyer against the Seller including claims under clause 2325.
24.2 26.2 To make a claim for compensation (including a claim under clause 2325) the Buyer must give notice to the Seller before Completion specifying the amount claimed and:
(a) the Seller can rescind if in the case of a claim that is not a claim for delay:
(i) the total amount claimed exceeds 5% of the Price;
(ii) the Seller gives notice to the Buyer of an intention to rescind; and
(iii) the Buyer does not give notice to the Seller waiving the claim within 10 Working Days 14 days after receiving the notice;; and
(b) if the Seller does not rescind under clause 24.2(a) 26.2(a), the Parties parties must complete and:
(i) the claim must be finalised (subject to clause 24.2(b)(ii26.2(b)(v)) either by agreement or, failing agreement, by an arbitrator appointed by the Parties parties or, if an appointment is not made within 20 Working Days 28 days of Completion, by an arbitrator appointed by the President of the Law Society of the Australian Capital Territory at the request of a Partyparty;
(ii) the decision of the arbitrator is final, final and binding save for:
1. manifest error by the arbitrator obvious on its face in the final determination by the arbitrator;
2. error in the application of law by the arbitrator in making his or her determination; or
3. improper or unlawful conduct by the arbitrator or either Party that affected or might reasonably be thought to affect the arbitrator’s determinationbinding;
(iii) the costs of the arbitration must be shared equally by the Parties parties unless otherwise determined by the arbitrator;
(iv) the Buyer is not entitled, in respect of the claim, to more than the total amount claimed and the costs of the Buyer; and
(v) the claim lapses if the Parties parties do not appoint an arbitrator and neither Party party asks the President of the Law Society of the Australian Capital Territory to appoint an arbitrator within 90 days after Completion.
Appears in 1 contract
Samples: Grant Contract
COMPENSATION CLAIMS BY BUYER. 24.1
23.1 This clause 24 23 applies to claims for compensation arising out of this Contract made by the Buyer against the Seller including claims under clause 2322.
24.2 23.2 To make a claim for compensation (including a claim under clause 2322) the Buyer must give notice to the Seller before Completion specifying the amount claimed and:;
(a) the Seller can rescind if in the case of a claim that is not a claim for delay:
(i) the total amount claimed exceeds 5% of the Price;
(ii) the Seller gives notice to the Buyer of an intention to rescind; and
(iii) the Buyer does not give notice to the Seller waiving the claim within 10 Working Days after receiving the notice;
(b) if the Seller does not rescind under clause 24.2(a23.2(a) the Parties must complete and:;
(i) the claim must be finalised (subject to clause 24.2(b)(ii23.2(b)(ii)) either by agreement or, failing agreement, by an arbitrator appointed by the Parties or, if an appointment is not made within 20 Working Days of Completion, by an arbitrator appointed by the President of the Law Society of the Australian Capital Territory at the request of a Party;
(ii) the decision of the arbitrator is final, final and binding save for:
1. manifest error by the arbitrator obvious on its face in the final determination by the arbitrator;
2. error in the application of law by the arbitrator in making his or her determination; or
3. improper or unlawful conduct by the arbitrator or either Party that affected or might reasonably be thought to affect the arbitrator’s determination;
(iii) the costs of the arbitration must be shared equally by the Parties unless otherwise determined by the arbitrator;
(iv) the Buyer is not entitled, in respect of the claim, to more than the total amount claimed and the costs of the Buyer; and
(v) the claim lapses if the Parties do not appoint an arbitrator and neither Party asks the President of the Law Society of the Australian Capital Territory to appoint an arbitrator within 90 days after Completion.
Appears in 1 contract
Samples: First Grant Contract
COMPENSATION CLAIMS BY BUYER. 24.1 18.1 This clause 24 18 applies to claims for compensation arising out of this Contract made by the Buyer against the Seller including claims under clause 2317.
24.2 18.2 To make a claim for compensation (including a claim under clause 2317) the Buyer must give notice to the Seller before Completion specifying the amount claimed and:
(a) the Seller can rescind if in the case of a claim that is not a claim for delay:
(i) the total amount claimed exceeds 5% of the Price;
(ii) the Seller gives notice to the Buyer of an intention to rescind; and
(iii) the Buyer does not give notice to the Seller waiving the claim within 10 Working Days after receiving the notice;; and
(b) if the Seller does not rescind under clause 24.2(a) 18.2(a), the Parties parties must complete and:;
(i) the claim must be finalised (subject to clause 24.2(b)(ii18.2(b)(ii)) either by agreement or, failing agreement, by an arbitrator appointed by the Parties parties or, if an appointment is not made within 20 Working Days of Completion, by an arbitrator appointed by the President of the Law Society of the Australian Capital Territory at the request of a Partyparty;
(ii) the decision of the arbitrator is final, final and binding save for:
1. manifest error by the arbitrator obvious on its face in the final determination by the arbitrator;
2. error in the application of law by the arbitrator in making his or her determination; or
3. improper or unlawful conduct by the arbitrator or either Party party that affected or might reasonably be thought to affect the arbitrator’s determination;
(iii) the costs of the arbitration must be shared equally by the Parties parties unless otherwise determined by the arbitrator;
(iv) the Buyer is not entitled, in respect of the claim, to more than the total amount claimed and the costs of the Buyer; and
(v) the claim lapses if the Parties parties do not appoint an arbitrator and neither Party party asks the President of the Law Society of the Australian Capital Territory to appoint an arbitrator within 90 days after Completion.
Appears in 1 contract
Samples: Commercial Contract for Sale
COMPENSATION CLAIMS BY BUYER.
24.1 This clause 24 applies to claims for compensation arising out of this Contract made by the Buyer against the Seller including claims under clause 23.
24.2 To make a claim for compensation (including a claim under clause 23) the Buyer must give notice to the Seller before Completion specifying the amount claimed and:
(a) the Seller can rescind if in the case of a claim that is not a claim for delay:
(i) the total amount claimed exceeds 5% of the Price;
(ii) the Seller gives notice to the Buyer of an intention to rescind; and
(iii) the Buyer does not give notice to the Seller waiving the claim within 10 Working Days after receiving the notice;
(b) if the Seller does not rescind under clause 24.2(a) the Parties must complete and:
(i) the claim must be finalised f inalised (subject to clause 24.2(b)(ii)) either by agreement or, failing agreement, by an arbitrator appointed by the Parties or, if an appointment is not made within 20 Working Days of Completion, by an arbitrator appointed by the President of the Law Society of the Australian Capital Territory at the request of a Party;
(ii) the decision of the arbitrator is final, and binding save for:
1. manifest manif est error by the arbitrator obvious on its face f ace in the final f inal determination by the arbitrator;
2. error in the application of law by the arbitrator in making his or her determination; or
3. improper or unlawful unlawf ul conduct by the arbitrator or either Party that affected af f ected or might reasonably be thought to affect the arbitrator’s determination;
(iii) the costs of the arbitration must be shared equally by the Parties unless otherwise determined by the arbitrator;
(iv) the Buyer is not entitled, in respect of the claim, to more than the total amount claimed and the costs of the Buyer; and
(v) the claim lapses if the Parties do not appoint an arbitrator and neither Party asks the President of the Law Society of the Australian Capital Territory to appoint an arbitrator within 90 days after Completion.
Appears in 1 contract
Samples: First Grant Contract