GNGB Board Escalation Clause Samples

GNGB Board Escalation. (a) If a GO Dispute is referred to the GNGB Board pursuant to clause 9.2(d)(i), the GNGB Board may, in its absolute discretion: (i) either: (A) consider a GO Dispute referred to it pursuant to clause 9.3(a) at the next available meeting of the GNGB Board; or (B) form a temporary GNGB Board sub-committee (having regard to those persons on the Board who are likely to have appropriate skills and expertise to contribute to the resolution of a particular GO Dispute, the nature of the relevant GO Dispute, its subject matter and any conflicts of interest) to consider the GO Dispute referred to it pursuant to clause 9.3(a), and the GNGB Board or sub-committee (as applicable) will consider the GO Dispute and, by written notice to the relevant Disputing Parties, make a determination as to the GO Dispute as set out in clause 9.3(c); or (ii) determine that the nature of the GO Dispute is outside the scope of the GNGB's administration of this MoU and notify the Disputing Parties of that determination. (b) In considering a GO Dispute under clause 9.3(a)(i), the GNGB Board or sub- committee (as applicable) will undertake reasonable consultation with, and accept and consider submissions from, all relevant Disputing Parties and may in its discretion seek input and/or advice from any subject matter expert, advisor or other third party to inform its consideration. (c) In making a determination pursuant to clause 9.3(a)(i), GNGB Board or sub- committee (as applicable) may, in its absolute discretion: (i) make a binding determination to resolve the GO Dispute (or particular aspects of the GO Dispute); (ii) make non-binding recommendations to the Disputing Parties regarding the GO Dispute (or particular aspects of the GO Dispute); or (iii) determine that the nature of the GO Dispute (or particular aspects of the GO Dispute) is outside the scope of the GNGB's administration of this MoU, and the GNGB Board or sub-committee (as applicable) will notify the Disputing Parties of that determination in writing in a timeframe commensurate with the impact of the determination and the nature of the GO Dispute. For clarity, a determination under this clause 9.3(c) may comprise any one, or a combination of, the elements described in paragraphs (i)-(iii) above. (d) If the GNGB Board or sub-committee (as applicable): (i) makes a binding determination pursuant to clause 9.3(c)(i), then that determination will be binding upon all relevant Disputing Parties (including, without limitation, any Ga...