Attachment 4 - Option 1 Hydraulic Advice · RAL20/0005

9. SETTLEMENT OF DISPUTES

9.1     This clause shall apply to any dispute between the parties to this Covenant.
9.2   Any dispute as to the performance of this Covenant or arising out of this Covenant that has
      not been resolved by agreement between the parties must be dearly identified in a Dispute
      Notice served by one party on the other party.

9.3   Within five (5) days of the date of the Dispute Notice, the parties must meet to discuss the
      dispute and its possible determination.

9.4   The parties may, within seven (7) days of meeting in accordance with clause 9.3, agree to refer
      the dispute to mediation.

9.5   If the parties agree to mediate in accordance with clause 9.4, then the parties may either:

      (a)     appoint a mediator agreed by the parties; or

      (b)     where the parties fail to agree to the appointment of a mediator within the period
              referred to in clause 9.4, either party may request for the President for the time being
              of the Queensland Law Society Incorporated to nominate a mediator which the parties
              must then appoint as the mediator.

9.6     The costs of any mediator appointed under clause 9.5 must be borne equally by the parties.

9.7     If any dispute notified under clause 9.2 remains unresolved, then at any time fourteen (14)
        days after the date of a Dispute Notice, and whether before or after reference of a dispute
        to a mediator under clause 9.5, either party may institute proceedings in the appropriate
        court for determination of the dispute.

9.8     The parties may mutually agree in writing to extend any time period specified in this clause
        9.

9.9     Clause 9 of this Covenant does not prevent the Owner or the Council from obtaining any
        injunctive declaratory or other Interlocutory relief from a court, which may be urgently
        required.

10. SERVICE

10.1 A notice is sufficiently made, given, issued or served by a party left at or forwarded by
     prepaid post in an envelope addressed to the other party or any of them (where there are
     more persons than one person comprising the other party) at the address of that party.

10.2 A notice if sent by prepaid post is deemed to have been made, given, issued or served at
     the time when in the due course of the post it would be delivered at the address to
     which it is directed whether or not it is actually received.

10.3 In proving service of a notice made, given or served by the Council it is only necessary for the
     Council to certify to that effect under the hand of the Chief Executive Officer.

10.4 A notice given by a party must be:

      (a)     in writing; and

      (b)     signed by the party, an officer of that party or the solicitor of that party.