Process for resolution. If any dispute or difference between the Customer and the Water Entity arises out of this Irrigation Right: (a) either the Customer or the Water Entity may notify the other party of the dispute or difference and invoke this clause 20.1; (b) the Customer and the Water Entity must within fourteen (14) calendar days after the notice referred to in clause 20.1(a) is given, meet and negotiate in good faith to attempt to resolve the dispute or difference; (c) if the dispute or difference is not resolved at a meeting held as required by clause 20.1(b) or the meeting has not taken place within fourteen (14) calendar days after the notice referred to in clause 20.1(a) is given, either the Customer or the Water Entity may refer the dispute or difference to an independent expert mediator who, if not agreed by the parties, is appropriately qualified having regard to the nature of the dispute as appointed by the President of the Tasmanian Chapter of the Institute of Arbitrators & Mediators Australia; and (d) if the dispute or difference cannot be resolved by mediation, the dispute may be referred to litigation by either party.
Appears in 3 contracts
Samples: Water Entitlements Purchase Contract, Irrigation Agreement, Water Entitlements Purchase Contract
Process for resolution. If any dispute or difference between the Customer and the Water Entity arises out of this Irrigation Zoned Flow Delivery Right:
(a) either the Customer or the Water Entity may notify the other party of the dispute or difference and invoke this clause 20.1;
(b) the Customer and the Water Entity must within fourteen (14) calendar days after the notice referred to in clause 20.1(a) is given, meet and negotiate in good faith to attempt to resolve the dispute or difference;
(c) if the dispute or difference is not resolved at a meeting held as required by clause 20.1(b) or the meeting has not taken place within fourteen (14) calendar days after the notice referred to in clause 20.1(a) is given, either the Customer or the Water Entity may refer the dispute or difference to an independent expert mediator who, if not agreed by the parties, is appropriately qualified having regard to the nature of the dispute as appointed by the President of the Tasmanian Chapter of the Institute of Arbitrators & Mediators Australia; and
(d) if the dispute or difference cancan not be resolved by mediation, the dispute may be referred to litigation by either party.
Appears in 1 contract
Samples: Water Entitlements Purchase Contract
Process for resolution. If any dispute or difference between the Customer and the Water Entity arises out of this Irrigation Zoned Flow Delivery Right:
(a) either the Customer or the Water Entity may notify the other party of the dispute or difference and invoke this clause 20.121.1;
(b) the Customer and the Water Entity must within fourteen (14) calendar days after the notice referred to in clause 20.1(a21.1(a) is given, meet and negotiate in good faith to attempt to resolve the dispute or difference;
(c) if the dispute or difference is not resolved at a meeting held as required by clause 20.1(b21.1(b) or the meeting has not taken place within fourteen (14) calendar days after the notice referred to in clause 20.1(a21.1(a) is given, either the Customer or the Water Entity may refer the dispute or difference to an independent expert mediator who, if not agreed by the parties, is appropriately qualified having regard to the nature of the dispute as appointed by the President of the Tasmanian Chapter of the Institute of Arbitrators & Mediators Australia; and
(d) if the dispute or difference cancan not be resolved by mediation, the dispute may be referred to litigation by either party.
Appears in 1 contract
Samples: Water Entitlements Purchase Contract