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Common use of Condition precedent to litigation Clause in Contracts

Condition precedent to litigation. Subject to clause 11.5, a party must not commence legal proceedings in respect of a Dispute unless: (a) a Dispute Notice has been given; and (b) the Resolution Period has expired.

Appears in 34 contracts

Samples: Planning Agreement, Planning Agreement, Planning Agreement

Condition precedent to litigation. Subject to clause 11.511.7, a party must not commence legal proceedings in respect of a Dispute unless: (a) a Dispute Notice has been given; and (b) if clause 11.3 applies, the Resolution Period expert has expiredgiven his determination under clause 11.3 in accordance with the Expert Determination Rules; or (c) if clause 11.4 applies, the parties have not been able to resolve the Dispute by mediation within 20 Business Days of the referral to mediation.

Appears in 2 contracts

Samples: Planning Agreement, Planning Agreement

Condition precedent to litigation. Subject to clause 11.513.5, a party must not commence legal proceedings in respect of a Dispute unless: (a) a Dispute Notice has been given; and (b) the Resolution Period has expired.

Appears in 2 contracts

Samples: Planning Agreement, Planning Agreement

Condition precedent to litigation. Subject to clause 11.59.5, a party must not commence legal proceedings in respect of a Dispute unless: (a) a Dispute Notice has been given; and (b) the Resolution Period has expired.

Appears in 2 contracts

Samples: Planning Agreement, Planning Agreement

Condition precedent to litigation. Subject to clause 11.58.5, a party must not commence legal proceedings in respect of a Dispute unless: (a) a Dispute Notice has been given; and (b) the Resolution Period has expired.

Appears in 1 contract

Samples: Planning Agreement

Condition precedent to litigation. Subject to clause 11.510.5, a party must not commence legal proceedings in respect of a Dispute unless: (a) a Dispute Notice has been given; and (b) the Resolution Period has expired.

Appears in 1 contract

Samples: Planning Agreement

Condition precedent to litigation. Subject to clause 11.511.6, a party must not commence legal proceedings in respect of a Dispute unless: (a) a Dispute Notice until mediation has been given; and (b) undertaken in accordance with clause 11.3 and the Resolution Period has expiredrequirement in clause 11.3(f)has been fulfilled.

Appears in 1 contract

Samples: Planning Agreement

Condition precedent to litigation. Subject to clause 11.57.5, a party must not commence legal proceedings in respect of a Dispute unless: (a) a Dispute Notice has been given; and (b) the Resolution Period has expired.

Appears in 1 contract

Samples: Planning Agreement