Common use of Internal Referrals Clause in Contracts

Internal Referrals. 13.2.1. If a dispute arises in relation to any aspect of this Agreement, the Parties to the dispute shall attempt in good faith to come to an agreement in relation to the disputed matter, in accordance with the following informal process: – 13.2.1.1. all disputes shall first be referred to the representative(s) of that Party (or his alternates) for resolution; 13.2.1.2. if the Parties have been unable to resolve the dispute within 10 (ten) Business Days of referral to the persons specified in clause 13.2.1.1, any of those Parties may refer the dispute for a decision by the respective Chief Executive Officers of the Parties or in the case of Transnet, the chief executive of its Freight Rail division. 13.2.2. In attempting to resolve the dispute in accordance with the provisions of this clause 13.2, the Parties shall (and shall ensure that their employees and representatives shall) use reasonable endeavours to resolve any matter or issue without delay by negotiations or any other informal procedures which the relevant representatives may adopt. Those attempts shall be conducted in good faith in an effort to resolve the matter or issue without necessity of formal proceedings. 13.2.3. Any matter or issue which has not been resolved by the representatives contemplated in clause 13.2.1.2 within 15 (fifteen) Business Days of the dispute being referred to them (or any longer period agreed between those Parties) or in respect of which either Party has refused to participate in the informal procedures contemplated in this clause 13.2.3, shall be treated as a dispute in respect of which informal resolution has failed.