Variation and Dispute Resolution. The terms of the Management Agreement shall not be amended or altered except by mutual agreement in writing and signed by the duly authorised representatives of the Council and the Association. Any dispute or difference arising between the Parties in relation to the provisions of the Management Agreement shall first be referred to the Council’s Director of Communities, Housing and Infrastructure and an appropriate nominee of the Association Management Committee who shall attempt to reach an acceptable resolution. Should such a resolution fail to be reached the dispute will be determined by an expert to be agreed between the Parties. Failing agreement on an expert, either Party may apply to the Sheriff Principal of Grampian, Highlands and Islands for the appointment of such an expert. Notwithstanding the method of appointment of the expert, it shall be an express condition of appointment that any decisions will be issued within 14 days of a joint statement by both Parties, such Parties being obliged to act reasonably and expeditiously in the preparation of such statement. Any decision issued by such an expert shall be binding on both Parties except in the event of a manifest error in fact or in law. The appointed expert shall determine the party liable for the costs of the appointment (including how those costs may be apportioned).
