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

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                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