2021-03-15 GC Agenda - Item 9 - Attachment 5 - MCU19-0114 & RAL19 0027 Infrastructure Agreement (44 pages)

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                7.4         If the Council decides to apply the Security to complete the uncompleted
                            Works Contributions it may enter the Land for that purpose.
                7.5         The Council must return the Security (or the reduced amount of the Security
                            if the Security has already been called upon) within 10 business days after
                            the Works Contributions are completed.


                8.          Dispute resolution generally
                8.1         Dispute
                            If there is a dispute between the parties, a party may give a Dispute Notice
                            referring the dispute for determination by the Expert.
                8.2         Notice as bar
                            The giving of a Dispute Notice operates as a complete and unconditional bar
                            and waiver to the commencement of a proceeding or any litigation in respect
                            of a dispute until after the actions in this clause 9 have been taken and
                            followed.
                8.3         Identity of expert
                            If within 14 Calendar Days from the giving of a Dispute Notice the parties
                            are not able to agree on the identity of the Expert, the Expert is to be
                            appointed at the request of any party by the President for the time being of
                            the Queensland Law Society Incorporated.
                8.4         Experience and expertise
                            The Expert is to be a qualified civil engineer with extensive experience in
                            dispute resolution and construction practices.
                8.5         Non arbitrator
                            The Expert is to determine the procedure to be adopted to determine the
                            dispute and is to act as an expert and not as an arbitrator.
                8.6         Submissions
                            (a)        A party may make a submission to the Expert in respect of the dispute
                                       within 14 Calendar Days after the appointment of the Expert.
                            (b)        A party making a submission to the Expert in respect of the dispute is
                                       to give a copy of the submission to each other party within 7 Calendar
                                       Days after the submission is given to the Expert.
                            (c)        The Expert is to take account of any submission received in respect of
                                       the dispute under clause 9.6(a).
                8.7         Costs
                            The parties are to pay the Expert’s costs (including the cost of engaging and
                            consulting advisers) equally.




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