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 33 contracts
Samples: Planning Agreement, 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 11.513.5, 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 11.511.7, 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 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
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