2021-02-25 Special Meeting Agenda

SPECIAL MEETING AGENDA   25 FEBRUARY 2021




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SPECIAL MEETING AGENDA                                                              25 FEBRUARY 2021

                                                        14

               8.8     Co-operation
                       (a)  The parties are to at all times do all things which the Expert requires of
                            them in respect of the Expert’s determination of the dispute and are to
                            co-operate and assist the Expert in every reasonable way.
                       (b)  A party is not to wilfully do or cause to be done any act to delay or
                            prevent the determination of the dispute by the Expert.
               8.9     Determination
                       The Expert's determination:
                       (a)  is to be made within 14 Calendar Days after the earlier of:
                            (i)  each party has made a submission to the Expert in respect of the
                                 dispute;
                            (ii) the expiry of the time for a party to make a submission to the
                                 Expert in respect of the dispute;
                       (b)  is to be given in writing as soon as possible;
                       (c)  is to contain the reasons for the making of the determination;
                       (d)  is final and binding on the parties.

               9.      Force Majeure
               9.1     Notice of Force Majeure
                       If a party is unable by reason of Force Majeure to perform and fulfil an
                       obligation, the party is to, as soon as is reasonably practicable after the Force
                       Majeure, give to each other party a Notice which states the following:
                       (a)  that Force Majeure is in existence; and
                       (b)  full particulars of the Force Majeure.
               9.2     Suspension of an obligation
                       An obligation of a party so far as it is affected by Force Majeure is suspended
                       during the following:
                       (a)  the continuance of Force Majeure; and
                       (b)  a further period which is reasonable in the circumstances.
               9.3     Removal or amelioration of Force Majeure
                       The party giving a Notice of Force Majeure is to, as soon as is reasonably
                       practicable, use its best endeavours to remove the Force Majeure or
                       ameliorate its effect.
               9.4     Dispute resolution process to apply
                       If the parties are unable to agree on the existence of a party’s Force Majeure
                       or the period during which an obligation is suspended during the continuance
                       of Force Majeure the dispute is to be resolved under clause 9.

    Document Set ID: 21379346
    Version: 1, Version Date: 27/01/2021

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