Common use of Other courses of action Clause in Contracts

Other courses of action. If: (1) the parties cannot agree in accordance with clause 10.4 to refer the matter to mediation or determination by an expert; or (2) the mediation referred to in clause 10.5 has not resulted in settlement of the dispute, the mediation has been terminated and the parties have not agreed to refer the matter to expert determination within five (5) Business Days after termination of the mediation, then either party may take whatever course of action it deems appropriate for the purpose of resolving the Dispute.

Appears in 2 contracts

Samples: Planning Agreement, Planning Agreement

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Other courses of action. If: (1) the parties cannot agree in accordance with clause 10.4 to refer the matter to mediation or determination by an expert; or (2) If the mediation referred to in clause 10.5 9.4 has not resulted in settlement of the dispute, the mediation has been terminated and the parties have not agreed to refer the matter to expert determination within five seven (57) Business Days after termination of the mediation, mediation then either party may take whatever course of action it deems appropriate for the purpose of resolving the Dispute.

Appears in 2 contracts

Samples: Planning Agreement, Planning Agreement

Other courses of action. β€Œ If: (1) : the parties cannot agree in accordance with clause 10.4 13.4 to refer the matter to mediation or determination by an expert; or (2) or the mediation referred to in clause 10.5 13.5 has not resulted in settlement of the dispute, the mediation has been terminated and the parties have not agreed to refer the matter to expert determination within five (5) Business Days after termination of the mediation, then either party may take whatever course of action it deems appropriate for the purpose of resolving the Dispute.

Appears in 2 contracts

Samples: Voluntary Planning Agreement, Voluntary Planning Agreement

Other courses of action. If: (1) the parties cannot agree in accordance with clause 10.4 13.4 to refer the matter to mediation or determination by an expert; or (2) the mediation referred to in clause 10.5 13.5 has not resulted in settlement of the dispute, the mediation has been terminated and the parties have not agreed to refer the matter to expert determination within five (5) Business Days after termination of the mediation, then either party may take whatever course of action it deems appropriate for the purpose of resolving the Dispute.

Appears in 2 contracts

Samples: Planning Agreement, Planning Agreement

Other courses of action. If: (1) 16.9.1 the parties cannot agree in accordance with clause 10.4 16.3 to refer the matter to mediation or determination by an expert; or (2) 16.9.2 the mediation referred to in clause 10.5 16.5 has not resulted in settlement of the dispute, the mediation has been terminated and the parties have not agreed to refer the matter to expert determination within five seven (57) Business Days after termination of the mediation, ; then either party may take whatever course of action it deems appropriate for the purpose of resolving the Dispute.

Appears in 1 contract

Samples: Planning Agreement

Other courses of action. If: (1a) the parties Parties cannot agree in accordance with clause 10.4 14.3 to refer the matter to mediation or determination by an expert; or (2b) the mediation referred to in clause 10.5 14.5 has not resulted in settlement of the dispute, the mediation has been terminated and the parties Parties have not agreed to refer the matter to expert determination within five seven (57) Business Days days after termination of the mediation, , (c) then either party may take whatever course of action it deems appropriate for the purpose of resolving the Dispute.

Appears in 1 contract

Samples: Planning Agreement

Other courses of action. If: (1) : i the parties cannot agree in accordance with clause 10.4 11.3 to refer the matter to mediation or determination by an expert; or (2) or ii the mediation referred to in clause 10.5 11.5 has not resulted in settlement of the dispute, the mediation has been terminated and the parties have not agreed to refer the matter to expert determination within five (5) Business Days after termination of the mediation, ; then either party may take whatever course of action it deems appropriate for the purpose of resolving the Dispute.

Appears in 1 contract

Samples: Planning Agreement

Other courses of action. If: (1) the parties cannot agree in accordance with clause 10.4 12.3 to refer the matter to mediation or determination by an expert; or (2) the mediation referred to in clause 10.5 12.5 has not resulted in settlement of the dispute, the mediation has been terminated and the parties have not agreed to refer the matter to expert determination within five (5) Business Days after termination of the mediation, then either party may take whatever course of action it deems appropriate for the purpose of resolving the Dispute.

Appears in 1 contract

Samples: Voluntary Planning Agreement

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Other courses of action. If: (1a) the parties Parties cannot agree in accordance with clause 10.4 14.3 to refer the matter to mediation or determination by an expert; or (2b) the mediation referred to in clause 10.5 14.5 has not resulted in settlement of the dispute, the mediation has been terminated and the parties Parties have not agreed to refer the matter to expert determination within five (5) Business Days after termination of the mediation, then either party may take whatever course of action it deems appropriate for the purpose of resolving the Dispute.

Appears in 1 contract

Samples: Planning Agreement

Other courses of action. If: (1) the parties cannot agree in accordance with clause 10.4 9.4 to refer the matter to mediation or determination by an expert; or (2) the mediation referred to in clause 10.5 9.5 has not resulted in settlement of the dispute, the mediation has been terminated and the parties have not agreed to refer the matter to expert determination within five (5) Business Days after termination of the mediation, then either party may take whatever course of action it deems appropriate for the purpose of resolving the Dispute.

Appears in 1 contract

Samples: Voluntary Planning Agreement

Other courses of action. If: (1) 10.10.1 the parties cannot agree in accordance with clause 10.4 to refer the matter to mediation or determination by an expert; or (2) 10.10.2 the mediation referred to in clause 10.5 has not resulted in settlement of the dispute, the mediation has been terminated and the parties have not agreed to refer the matter to expert determination within five (5) Business Days after termination of the mediation, then either party may take whatever course of action it deems appropriate for the purpose of resolving the Dispute.

Appears in 1 contract

Samples: Planning Agreement

Other courses of action. If: (1) 18.9.1 the parties Parties cannot agree in accordance with clause 10.4 18.3 to refer the matter to mediation or determination by an expert; or (2) 18.9.2 the mediation referred to in clause 10.5 18.5 has not resulted in settlement of the dispute, the mediation has been terminated and the parties Parties have not agreed to refer the matter to expert determination within five seven (57) Business Days after termination of the mediation, ; then either party Party may take whatever course of action it deems appropriate for the purpose of resolving the Dispute.

Appears in 1 contract

Samples: Planning Agreement

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