Common use of Escalation and Dispute Resolution Clause in Contracts

Escalation and Dispute Resolution. 17.1 If a Dispute arises under out of or in connection with this Agreement, either Party may refer such Dispute to the Escalation Procedure in accordance with Schedule 3 or to the extent that such Dispute involves a construction contract within the meaning of section 104 of the Housing Grants, Construction and Regeneration Act 1996 (as amended from time to time), to an adjudicator for adjudication in accordance with the following provisions: (a) the Scheme for Construction Contracts SI No. 649 of 1998 shall apply; and (b) if the Parties are unable to agree on a person to act as adjudicator, the adjudicator shall be nominated at the request of either Party by the President or Vice President for the time being of TECBAR8. 17.2 If a Dispute is referred to an adjudicator, neither Party may commence any further proceedings until twenty (20) Working Days after the decision of the adjudicator in relation to such Dispute has been given. 17.3 The decision of an adjudicator properly appointed in accordance with this Agreement will be binding until referred to the courts for final determination or the Parties decide otherwise, and in any proceedings the courts shall have full power to open up, review and revise any certificate, opinion, decision, instruction, direction, valuation, requisition or notice given or made under this Agreement and any determination of an adjudicator, including an award as to costs. 17.4 In the event that any Dispute or difference of any kind whatsoever shall arise between: (a) the Customer and any contractor; or (b) Network Rail and any contractor appointed by Network Rail in relation to the Project, which is substantially the same or connected with issues in any Dispute between Network Rail and the Customer, either Party shall be entitled to require that the other Party shall be joined as a party to any determination pursuant to the relevant contract and the other Party shall permit and co-operate in such joinder.

Escalation and Dispute Resolution. 26 17.1 If a Dispute arises under out of or in connection with this Agreement, either Party may refer such Dispute to the Escalation Procedure in accordance with Schedule 3 4 or to the extent that such Dispute involves a construction contract within the meaning of section 104 of the Housing Grants, Construction and Regeneration Act 1996 (as amended from time to time), to an adjudicator for adjudication in accordance with the following provisions: (a) the Scheme for Construction Contracts SI No. 649 of 1998 shall apply; and (b) if the Parties are unable to agree on a person to act as adjudicator, the adjudicator shall be nominated at the request of either Party by the President or Vice President for the time being of TECBAR8Technology and Construction Bar Association. 17.2 If a Dispute is referred to an adjudicator, neither Party may commence any further proceedings until twenty (20) Working Days after the decision of the adjudicator in relation to such Dispute has been given. 17.3 The decision of an adjudicator properly appointed in accordance with this Agreement will be binding until referred to the courts for final determination or the Parties decide otherwise, and in any proceedings the courts shall have full power to open up, review and revise any certificate, opinion, decision, instruction, direction, valuation, requisition or notice given or made under this Agreement and any determination of an adjudicator, including an award as to costs. 17.4 In the event that any Dispute or difference of any kind whatsoever shall arise between: (a) the Customer Network Rail and any contractorContractor; oror 26 A mediation option is available on request. (b) Network Rail between the Customer and any contractor appointed by Network Rail the Customer in relation to the Project, Project which is substantially the same or connected with issues in any Dispute between Network Rail and the Customer, either Party shall be entitled to require that the other Party shall be joined as a party to any determination pursuant to the relevant contract and the other Party shall permit and co-operate in such joinder.

Escalation and Dispute Resolution. 17.1 If a Dispute arises under out of or in connection with this Agreement, either Party may refer such Dispute to the Escalation Procedure in accordance with Schedule 3 or to the extent that such Dispute involves a construction contract within the meaning of section 104 of the Housing Grants, Construction and Regeneration Act 1996 (as amended from time to time), to an adjudicator for adjudication in accordance with the following provisions: : (a) the Scheme for Construction Contracts SI No. 649 of 1998 shall apply; and and (b) if the Parties are unable to agree on a person to act as adjudicator, the adjudicator shall be nominated at the request of either Party by the President or Vice President for the time being of TECBAR8TECBAR9. 17.2 If a Dispute is referred to an adjudicator, neither Party may commence any further proceedings until twenty (20) Working Days after the decision of the adjudicator in relation to such Dispute has been given. 17.3 The decision of an adjudicator properly appointed in accordance with this Agreement will be binding until referred to the courts for final determination or the Parties decide otherwise, and in any proceedings the courts shall have full power to open up, review and revise any certificate, opinion, decision, instruction, direction, valuation, requisition or notice given or made under this Agreement and any determination of an adjudicator, including an award as to costs. 17.4 In the event that any Dispute or difference of any kind whatsoever shall arise between: : (a) the Customer and any contractor; or or 18 (b) Network Rail and any contractor appointed by Network Rail in relation to the Project, which is substantially the same or connected with issues in any Dispute between Network Rail and the Customer, either Party shall be entitled to require that the other Party shall be joined as a party to any determination pursuant to the relevant contract and the other Party shall permit and co-operate in such joinder. Anti-bribery and Slavery 18.1 The Customer shall perform its obligations under this Agreement in accordance with all applicable anti-bribery, anti-corruption and anti-slavery legislation including the Bribery Act 2010 and Modern Slavery Act 2015. 18.2 The Customer shall not, (and the Customer shall procure that its Contractor shall not), purchase any raw materials, resources or products from any country that have been sourced from any product or manufacturer using forced labour in its operations or practice.

Escalation and Dispute Resolution. 17.1 (a) If a Dispute dispute that arises under out of or in connection with relates to performance under this Agreement, either the following escalation procedure shall be initiated: The Party may refer raising the dispute shall provide the other Party with written notice stating in detail the nature of the dispute. Within fifteen (15) business days of the date of such Dispute notice, the Parties will designate individuals in senior management positions who have not previously been involved in day-to-day operations in the Development Project who shall thereafter meet and negotiate in good faith to the Escalation Procedure in accordance with Schedule 3 or to the extent that resolve such Dispute involves a construction contract dispute within the meaning fifteen day period. If the parties are unable to resolve the disagreement within such period, the Parties will submit such dispute to mediation and then (if no resolution by mediation) to arbitration before a panel of section 104 of the Housing Grantsthree arbitrators, Construction and Regeneration Act 1996 (as amended from time both to time)be conducted in New York City, to an adjudicator for adjudication New York in accordance with the following provisions: rules of JAMS Endispute, Inc. (a) the Scheme for Construction Contracts SI No. 649 of 1998 shall apply; andwxx.xxxxxxx.xxx). (b) if the Parties are unable to agree on a person to act as adjudicator, the adjudicator Any award made (i) shall be nominated at a bare award limited to a holding for or against a Party and affording such remedy as is deemed equitable, just and within the request scope of either Party by the President Agreement; (ii) shall be without findings as to issues (including but not limited to patent validity and/or infringement) or Vice President for a statement of the time being reasoning on which the award rests; (iii) may in appropriate circumstances (other than patent disputes) include injunctive relief; (iv) shall be made within four months of TECBAR8the appointment of the arbitrator; and (v) may be entered in any court of competent jurisdiction. 17.2 If (c) The requirement for mediation and arbitration shall not be deemed a Dispute is referred to an adjudicator, neither Party may commence waiver of any further proceedings until twenty (20) Working Days after the decision right of the adjudicator in relation to such Dispute has been given. 17.3 The decision of an adjudicator properly appointed in accordance with this Agreement will be binding until referred to the courts for final determination or the Parties decide otherwise, and in any proceedings the courts shall have full power to open up, review and revise any certificate, opinion, decision, instruction, direction, valuation, requisition or notice given or made termination under this Agreement and the arbitrator is not empowered to act or make any determination award other than based solely on the rights and obligations of an adjudicator, including an award as the Parties prior to costsany such termination. 17.4 In (d) The arbitrators shall be knowledgeable in the event that any Dispute legal and technical aspects of this Agreement and shall determine issues of arbitrability but may not limit, expand or difference otherwise modify the terms of any kind whatsoever shall arise between:this Agreement. (ae) Each Party shall bear its own expenses but those related to the Customer compensation and any contractor; orexpenses of the mediator and arbitrators shall be borne equally. (bf) Network Rail A request by a Party to a court for injunctive relief shall not be deemed a waiver of the obligation to mediate and arbitrate. (g) The arbitrators shall have authority to award compensatory damages only. The arbitrators shall have no authority to award punitive or other damages, and each Party irrevocably waives any contractor appointed claim thereto. (h) Except as required by Network Rail in relation to law, the ProjectParties, which is substantially the same or connected with issues in any Dispute between Network Rail their representatives, other participants and the Customermediator and arbitrators shall hold the existence, either Party shall be entitled to require that the other Party shall be joined as a party to any determination pursuant to the relevant contract content and the other Party shall permit result of mediation and co-operate arbitration in such joinderconfidence.

Escalation and Dispute Resolution. 17.1 If a Dispute arises under out of or in connection with this Agreement, either Party may refer such Dispute to the Escalation Procedure in accordance with Schedule 3 or to the extent that such Dispute involves a construction contract within the meaning of section 104 of the Housing Grants, Construction and Regeneration Act 1996 (as amended from time to time), to an adjudicator for adjudication in accordance with the following provisions: (a) the Scheme for Construction Contracts SI No. 649 of 1998 shall apply; and (b) if the Parties are unable to agree on a person to act as adjudicator, the adjudicator shall be nominated at the request of either Party by the President or Vice President for the time being of TECBAR8TECBAR9. 17.2 If a Dispute is referred to an adjudicator, neither Party may commence any further proceedings until twenty (20) Working Days after the decision of the adjudicator in relation to such Dispute has been given. 17.3 The decision of an adjudicator properly appointed in accordance with this Agreement will be binding until referred to the courts for final determination or the Parties decide otherwise, and in any proceedings the courts shall have full power to open up, review and revise any certificate, opinion, decision, instruction, direction, valuation, requisition or notice given or made under this Agreement and any determination of an adjudicator, including an award as to costs. 17.4 In the event that any Dispute or difference of any kind whatsoever shall arise between: (a) the Customer and any contractor; or (b) Network Rail and any contractor appointed by Network Rail in relation to the Project, which is substantially the same or connected with issues in any Dispute between Network Rail and the Customer, either Party shall be entitled to require that the other Party shall be joined as a party to any determination pursuant to the relevant contract and the other Party shall permit and co-operate in such joinder.

Escalation and Dispute Resolution. 17.1 24.1 If a Dispute arises under out of or in connection with this Agreement, either Party may refer such Dispute to the Escalation Procedure in accordance with Schedule 3 4 or to the extent that such Dispute involves a construction contract within the meaning of section 104 of the Housing Grants, Construction and Regeneration Act 1996 (as amended from time to time), to an adjudicator for adjudication in accordance with the following provisions: (a) the Scheme for Construction Contracts SI No. 649 of 1998 shall apply; and (b) if the Parties are unable to agree on a person to act as adjudicator, the adjudicator shall be nominated at the request of either Party by the President or Vice President for the time being of TECBAR8TECBAR. 17.2 24.2 If a Dispute is referred to an adjudicator, neither Party may commence any further proceedings until twenty (20) Working Days after the decision of the adjudicator in relation to such Dispute has been given. 17.3 24.3 The decision of an adjudicator properly appointed in accordance with this Agreement will be binding until referred to the courts for final determination or the Parties decide otherwise, and in any proceedings the courts shall have full power to open up, review and revise any certificate, opinion, decision, instruction, direction, valuation, requisition or notice given or made under this Agreement and any determination of an adjudicator, including an award as to costs. 17.4 24.4 In the event that any Dispute dispute or difference of any kind whatsoever shall arise between: (a) the Customer and any contractorContractor; or (b) Network Rail and any contractor appointed by Network Rail in relation to the Project, which is substantially the same or connected with issues in any Dispute between Network Rail and the Customer, either Party shall be entitled to require that the other Party shall be joined as a party to any determination pursuant to the relevant contract and the other Party shall permit and co-operate in such joinder.

Escalation and Dispute Resolution. 17.1 If a Dispute arises under out of or in connection with this Agreement, either Party may refer such Dispute to the Escalation Procedure in accordance with Schedule 3 4 or to the extent that such Dispute involves a construction contract within the meaning of section 104 of the Housing Grants, Construction and Regeneration Act 1996 (as amended from time to time), to an adjudicator for adjudication in accordance with the following provisions: (a) the Scheme for Construction Contracts SI No. 649 of 1998 shall apply; and (b) if the Parties are unable to agree on a person to act as adjudicator, the adjudicator shall be nominated at the request of either Party by the President or Vice President for the time being of TECBAR8TECBAR. 17.2 If a Dispute is referred to an adjudicator, neither Party may commence any further proceedings until twenty (20) Working Days after the decision of the adjudicator in relation to such Dispute has been given. 17.3 The decision of an adjudicator properly appointed in accordance with this Agreement will be binding until referred to the courts for final determination or the Parties decide otherwise, and in any proceedings the courts shall have full power to open up, review and revise any certificate, opinion, decision, instruction, direction, valuation, requisition or notice given or made under this Agreement and any determination of an adjudicator, including an award as to costs. 17.4 In the event that any Dispute dispute or difference of any kind whatsoever shall arise between: (a) the Customer Network Rail and any contractorContractor; or (b) Network Rail between the Customer and any contractor appointed by Network Rail the Customer in relation to the Project, Project which is substantially the same or connected with issues in any Dispute between Network Rail and the Customer, either Party shall be entitled to require that the other Party shall be joined as a party to any determination pursuant to the relevant contract and the other Party shall permit and co-operate in such joinder.