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2016-10-17 GC Agenda - Item 8 - Attachment 2 (Amended) - Statement of Financial Position
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(c) Within 14 days of after the service of a notice of dispute under clause 27(a), the
parties shall confer at least once to resolve the dispute or to agree on methods of
doing so. At every such conference each party shall be represented by a person
having authority to agree to such resolution or methods.
(d) If the dispute has not been resolved within 28 days of service of the notice of
dispute under clause 27(a), either party may commence legal proceedings in
respect of the dispute (but not before).
(e) Nothing in this clause 27 shall prejudice the right of a party to institute
proceedings to enforce payment due under the Lease or to seek injunctive or
urgent declaratory relief.
28. General Provisions
(a) The Lessor agrees to cooperate in the Electric Bus Programme Trial, provide
objective technical diagnostic advice and data, and participate in the project
working group as invited by the Lessee.
(b) The Lessor agrees to cooperate fully with the consultant engaged by the Lessee
and TransLink to evaluate the Electric Bus Programme Trial and supply all
relevant data, and permission to temporarily install measuring equipment on board
the Buses during the Term if required.
(c) The Lessor its Personnel shall undertake the Operator’s depot safety induction
prior to entering the Operator's depot to affect delivery of the Buses.
(d) The Lessor must protect the Lessee’s interest in the Electrical Bus Programme
Trial, including not to create or allow an encumbrance over any of the Buses
during the Term.
(e) The Lessor acknowledges that the Lessee and TransLink have Media Protocols in
place regarding the Electric Bus Programme Trial and will abide by these
protocols at all times throughout and beyond this lease agreement in respect of
any comment regarding the Electric Bus Programme Trial. The Lessee and
TransLink media protocols are contained in the Schedule 7.
29. Notices, Communication and Variation
(a) Notices in connection with the Lease must be in writing via post or email to the
provided nominated contact outlined in Schedule 6. Any notice provided will take
effect form the time they are received by the recipient.
(b) A term of the Lease, or right created under it, may not be waived or varied except
in writing, signed by the party or parties to be bound.
30. Confidentiality
(a) Each party agrees not to disclose information provided by any other party
(including Translink or the Operator) that is not publically available or the
existence of, or contents of the lease agreement except:
(i) to any person in connection with an exercise of rights or a dealing with
rights or obligations under the Lease;
(ii) to each parties’ officers, employees, legal and other advisers and auditors;
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