2014-03-25 Planning & Organisation Committee Agenda Pages 39-80

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA   25 MARCH 2014




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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                25 MARCH 2014

           (c)  Whether any person has acted or failed to act in accordance with the
                provisions of this Agreement,
           then, unless it is specified in this Agreement to the contrary, that dispute
           must be determined im accordance with the following provisions of this

     8.2   Notice of dispute                         -
           (a). Any person who alleges the existence of a dispute may give to the
                Council notice in writing of the dispute not later than fourteen (14)
   _ ae   °   | days or a period specified: by the Council efter—
       oe       (i) . Tie dispute arises or difference srises; or
               _ (ii) ~The facts or circumstances giving rise to the dispute become
                     known to that person; or                 .           ,
          ‘-. . (iii) “Such facts or circumstances ought to have become known to
 ,      -   ™     * that person.   oe. OF ve          IE & a _ OV ae .
1%.) The:notice of dispute is toidentitys            °°     |
           “    (i)  ‘The subject matter of the dispute; and
                (ii) The provision/s of this Agreement in respect of which the
            |        Glepule arises.           ,
     8.3". Parties to conifer ©“ "+. *   wr      oes                  _*7   4
          ye  ie     we!          6g      “ae?  @ Oe                 :      -*.
           Within ‘seven (7) days aftet a notice of dispute'is given the Council and the
           person giving. the notice (in this section referred’ to as “the parties"-or
           individually as "he party") must confer at least once to attempt to resolve
          - the dispute. At the conference the parties must each be represented by a
         _, person who has authority to agree to a resolution of the dispute on their
         ' behalf. Each party must use its best endeavours and take all reasonable
           steps to attempt to resolve the dispute by agreement.  For this purpose,
           the parties must in good faith undertake investigations, hold meetings,
         _ exchange    information and   conduct informal   hearings  as   may be      ~
           considered necessary or desirable.  |    =.» .    ..
     9.    ARBITRATION                      Dn    Ee        tee   tae     es
     9.1   If-the dispute is not resolved within fourteen (14)"days after the ‘notice of
           dispute ‘s given or if at any time either party (acting reasonably) considers
           that the other is not using its best endeavours or taking all reasonable
           steps to attempt to resolve the dispute by agreement, either party may give
           notice to the other referring the dispute for determination by arbitration.
     9.2   The parties must pay the arbitration costs equally but pay their own legal
 .         costs (if any).
     Makepeace Island Infrastructure Agreement    —         e.        Page 10 of 18

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