Common use of Interim Decision Clause in Contracts

Interim Decision. If a Dispute occurs then the Authority and Project Co will in good faith carry out their respective obligations under this Agreement pending resolution of the Dispute pursuant to the Dispute Resolution Procedure. Prior to resolution of the Dispute, the Authority may in its discretion by notice to Project Co direct Project Co to proceed in respect of the matter in Dispute or any related matter and Project Co will comply with and implement the direction. Such direction will be without prejudice to Project Co’s rights to compensation or other rights under the Agreement. Nothing in this Schedule will limit the Authority’s right to require a Change. APPENDIX 13A REFEREE AGREEMENT BETWEEN: [Name and address of Referee] (the “Referee”) AND: Northern Health Authority (the "Authority") AND: ▼ (“Project Co”) We write to confirm your appointment as a Referee under the Project Agreement dated ▼ between the Authority and Project Co (the “Project Agreement”). The terms of your appointment are as contained in Section 2.4 of Schedule 13 to the Project Agreement. We confirm our agreement for you to review the Dispute(s) described in the Dispute Notice in accordance with the provisions of the Project Agreement, and to perform the functions of a Referee as described in Section 2.4 of Schedule 13 to the Project Agreement. A copy of the Project Agreement and related materials, will be forwarded to you shortly. We confirm that your daily/hourly rate for fees is $ _ . In addition to your invoiced fees, the Authority will pay any and all reasonable disbursements incurred in providing your services. Please submit your invoices on a monthly basis directly to [Insert name of Authority’s Design, Construction or Operating Period Representative as applicable] (the “Authority’s Representative”). The Authority will make payment within 30 calendar days of receipt. Please confirm your agreement to the terms as set out in this letter by signing a copy of the enclosed letter and returning it to the Authority’s Representative. Yours truly, Authorized Signatory of the Authority Date Authorized Signatory of Project Co Date

Interim Decision. If a Dispute occurs then the Authority and Project Co will in good faith carry out their respective obligations under this Agreement pending resolution of the Dispute pursuant to the Dispute Resolution Procedure. Prior to resolution of the Dispute, the Authority may in its discretion by notice to Project Co direct Project Co to proceed in respect of the matter in Dispute or any related matter and Project Co will comply with and implement the direction. Such direction will be without prejudice to Project Co’s rights to compensation or other rights under the Agreement. Nothing in this Schedule will limit the Authority’s right to require a Change. APPENDIX 13A REFEREE AGREEMENT BETWEEN: [Name and address of Referee] (the “Referee”) AND: Northern Interior Health Authority (the "Authority") AND: ▼ (“Project Co”) We write to confirm your appointment as a Referee under the Project Agreement dated ▼ between the Authority and Project Co (the “Project Agreement”). The terms of your appointment are as contained in Section 2.4 2.5 of Schedule 13 to the Project Agreement. We confirm our agreement for you to review the Dispute(s) described in the Dispute Notice in accordance with the provisions of the Project Agreement, and to perform the functions of a Referee as described in Section 2.4 2.5 of Schedule 13 to the Project Agreement. A copy of the Project Agreement and related materials, will be forwarded to you shortly. We confirm that your daily/hourly rate for fees is $ _ . In addition to your invoiced fees, the Authority will pay any and all reasonable disbursements incurred in providing your services. Please submit your invoices on a monthly basis directly to [Insert name of Authority’s Design, Construction or Operating Period Representative as applicable] (the “Authority’s Representative”). The Authority will make payment within 30 calendar days of receipt. Please confirm your agreement to the terms as set out in this letter by signing a copy of the enclosed letter and returning it to the Authority’s Representative. Yours truly, Authorized Signatory of the Authority Date Authorized Signatory of Project Co Date

Interim Decision. If a Dispute occurs then the Authority and Project Co will in good faith carry out their respective obligations under this Agreement pending resolution of the Dispute pursuant to the Dispute Resolution Procedure. Prior to resolution of the Dispute, the Authority may in its discretion by notice to Project Co direct Project Co to proceed in respect of the matter in Dispute or any related matter and Project Co will comply with and implement the direction. Such direction will be without prejudice to Project Co’s rights to compensation or other rights under the Agreement. Nothing in this Schedule will limit the Authority’s right to require a Change. APPENDIX 13A REFEREE AGREEMENT BETWEEN: [Name and address of Referee] (the “Referee”) AND: Northern Interior Health Authority (the "Authority") AND: ▼ (“Project Co”) We write to confirm your appointment as a Referee under the Project Agreement dated ▼ between the Authority and Project Co (the “Project Agreement”). The terms of your appointment are as contained in Section 2.4 2.5 of Schedule 13 [Dispute Resolution Procedure] to the Project Agreement. We confirm our agreement for you to review the Dispute(s) described in the Dispute Notice in accordance with the provisions of the Project Agreement, and to perform the functions of a Referee as described in Section 2.4 2.5 of Schedule 13 [Dispute Resolution Procedure] to the Project Agreement. A copy of the Project Agreement and related materials, will be forwarded to you shortly. We confirm that your daily/hourly rate for fees is $ _ . In addition to your invoiced fees, the Authority will pay any and all reasonable disbursements incurred in providing your services. Please submit your invoices on a monthly basis directly to [Insert name of Authority’s Design, Construction or Operating Period Representative as applicable] (the “Authority’s Representative”). The Authority will make payment within 30 calendar days of receipt. Please confirm your agreement to the terms as set out in this letter by signing a copy of the enclosed letter and returning it to the Authority’s Representative. Yours truly, Authorized Signatory of the Authority Date Authorized Signatory of Project Co Date

Interim Decision. If a Dispute occurs then the Authority and Project Co will in good faith carry out their respective obligations under this Agreement pending resolution of the Dispute pursuant to the Dispute Resolution Procedure. Prior to resolution of the Dispute, the Authority may in its discretion by notice to Project Co direct Project Co to proceed in respect of the matter in Dispute or any related matter and Project Co will comply with and implement the direction. Such direction will be without prejudice to Project Co’s rights to compensation or other rights under the Agreement. Nothing in this Schedule will limit the Authority’s right to require a Change. APPENDIX 13A REFEREE AGREEMENT BETWEEN: [Name and address of Referee] (the “Referee”) AND: Northern Health Authority (the "Authority") AND: ▼ (“Project Co”) We write to confirm your appointment as a Referee under the Project Agreement dated ▼ between the Authority and Project Co (the “Project Agreement”). The terms of your appointment are as contained in Section 2.4 2.5 of Schedule 13 to the Project Agreement. We confirm our agreement for you to review the Dispute(s) described in the Dispute Notice in accordance with the provisions of the Project Agreement, and to perform the functions of a Referee as described in Section 2.4 2.5 of Schedule 13 to the Project Agreement. A copy of the Project Agreement and related materials, will be forwarded to you shortly. We confirm that your daily/hourly rate for fees is $ _ . In addition to your invoiced fees, the Authority will pay any and all reasonable disbursements incurred in providing your services. Please submit your invoices on a monthly basis directly to [Insert name of Authority’s Design, Construction or Operating Period Representative as applicable] (the “Authority’s Representative”). The Authority will make payment within 30 calendar days of receipt. Please confirm your agreement to the terms as set out in this letter by signing a copy of the enclosed letter and returning it to the Authority’s Representative. Yours truly, Authorized Signatory of the Authority Date Authorized Signatory of Project Co Date Referee Date

Interim Decision. If a Dispute occurs then the Authority and Project Co will in good faith carry out their respective obligations under this Agreement pending resolution of the Dispute pursuant to the Dispute Resolution Procedure. Prior to resolution of the Dispute, the Authority may in its discretion by notice to Project Co direct Project Co to proceed in respect of the matter in Dispute or any related matter and Project Co will comply with and implement the direction. Such direction will be without prejudice to Project Co’s rights to compensation or other rights under the Agreement. Nothing in this Schedule will limit the Authority’s right to require a Change. APPENDIX 13A SCHEDULE 1 REFEREE AGREEMENT BETWEEN: [Name and address of Referee] (the “Referee”) AND: Northern Health Authority VANCOUVER ISLAND HEALTH AUTHORITY (the "Authority") AND: ▼ (“Project Co”) We write to confirm your appointment as a Referee under the Project Agreement dated ▼ between the Authority and Project Co (the “Project Agreement”). The terms of your appointment are as contained in Section 2.4 of Schedule 13 [Dispute Resolution Procedure] to the Project Agreement. We confirm our agreement for you to review the Dispute(s) described in the Dispute Notice in accordance with the provisions of the Project Agreement, and to perform the functions of a Referee as described in Section 2.4 of Schedule 13 [Dispute Resolution Procedure] to the Project Agreement. A copy of the Project Agreement and related materials, materials will be forwarded to you shortly. We confirm that your daily/hourly rate for fees is $ _ . In addition to your invoiced fees, the Authority will pay any and all reasonable disbursements incurred in providing your services. Please submit your invoices on a monthly basis directly to [Insert name of Authority’s Design, Construction or Operating Period Representative as applicable] (the “Authority’s Representative”). The Authority will make payment within 30 calendar days of receipt. Please confirm your agreement to the terms as set out in this letter by signing a copy of the enclosed letter and returning it to the Authority’s Representative. Yours truly, Authorized Signatory of the Authority Date Authorized Signatory of Project Co Date

Interim Decision. If a Dispute occurs then the Authority and Project Co will in good faith carry out their respective obligations under this Project Agreement pending resolution of the Dispute pursuant to the Dispute Resolution Procedure. Prior to resolution of the Dispute, the Authority may may, in its discretion by written notice to Project Co Co, direct Project Co to proceed in respect of the matter in Dispute or any related matter and Project Co will comply with and implement the direction. Such direction will be without prejudice to Project Co’s rights to compensation or other rights under the this Project Agreement. Nothing in this Schedule 13 will limit the Authority’s right to require a Change. APPENDIX 13A REFEREE AGREEMENT BETWEEN: [Name and address of Referee] (the “Referee”) AND: Northern Health Authority AND: The Commonwealth of Kentucky (the "“Authority"”) AND: ▼ KentuckyWired Infrastructure Company, Inc. (“Project Co”) We write to confirm your appointment as a Referee under the Project Agreement project agreement dated ▼ September 3, 2015 between the Authority and Project Co (the “Project Agreement”). The terms of your appointment are as contained in Section 2.4 2.5 of Schedule 13 [Dispute Resolution Procedure] to the Project Agreement. We confirm our agreement for you to review the Dispute(s) described in the Dispute Notice in accordance with the provisions of the Project Agreement, and to perform the functions of a Referee as described in Section 2.4 2.5 of Schedule 13 [Dispute Resolution Procedure] to the Project Agreement. A copy of the Project Agreement and related materials, materials will be forwarded to you shortly. We confirm that your daily/hourly rate for fees is $ _ . In addition to your invoiced fees, the Authority will pay any and all reasonable disbursements incurred in providing your services. Please submit your invoices on a monthly basis directly to [Insert name of Authority’s Design, Construction or Operating Period Representative Representative, as applicable] (the “Authority’s Representative”). The Authority will make payment within 30 calendar days of receipt. Please confirm your agreement to the terms as set out in this letter by signing a copy of the enclosed letter and returning it to the Authority’s Representative. Yours truly, Authorized Signatory of the Referee Date Authorized Signatory of the Authority Date Authorized Signatory of Project Co DateDate Execution Version SCHEDULE 14 RECORDS AND REPORTS