Common use of Dispute Notices Clause in Contracts

Dispute Notices. If a Dispute arises then: the Authority Representative and the Supplier Representative shall attempt in good faith to resolve the Dispute; and if such attempts are not successful within a reasonable period, not being longer than 20 Working Days, either Party may issue to the other a Dispute Notice. A Dispute Notice: shall set out: the material particulars of the Dispute; the reasons why the Party serving the Dispute Notice believes that the Dispute has arisen; and if the Party serving the Dispute Notice believes that the Dispute should be dealt with under the Expedited Dispute Timetable, the reason why; and may specify in accordance with the requirements of Paragraphs 9.2 and 9.3 that the Party issuing the Dispute Notice has determined (in the case of the Authority) or considers (in the case of the Supplier) that the Dispute is a Multi-Party Dispute, in which case Paragraph 2.3 shall apply. If a Dispute Notice specifies that the Dispute has been determined or is considered to be a Multi-Party Dispute pursuant to Paragraph 2.2.1(b), then: if it is served by the Authority it shall be treated as a Multi-Party Procedure Initiation Notice; and if it is served by the Supplier it shall be treated as a Supplier Request, and in each case the provisions of Paragraph 9 shall apply. Subject to Paragraphs 2.5 and 3.2 and so long as the Authority has not served a Multi-Party Procedure Initiation Notice in respect of the relevant Dispute, following the issue of a Dispute Notice the Parties shall seek to resolve the Dispute: first by commercial negotiation (as prescribed in Paragraph 4); then, if either Party serves a Mediation Notice, by mediation (as prescribed in Paragraph 5); and lastly by recourse to arbitration (as prescribed in Paragraph 7) or litigation (in accordance with Clause 46 (Governing Law and Jurisdiction)). Specific issues shall be referred to Expert Determination (as prescribed in Paragraph 6) where specified under the provisions of this Agreement and may also be referred to Expert Determination where otherwise appropriate as specified in Paragraph 6.1. Unless agreed otherwise in writing, the Parties shall continue to comply with their respective obligations under this Agreement regardless of the nature of the Dispute and notwithstanding any issue of a Dispute Notice or a Multi-Party Procedure Initiation Notice or proceedings under Paragraph 8 (Urgent Relief). In exceptional circumstances where the use of the times in this Schedule would be unreasonable, including (by way of example) where one Party would be materially disadvantaged by a delay in resolving the Dispute, the Parties may agree to use the Expedited Dispute Timetable. If the Parties are unable to reach agreement on whether to use the Expedited Dispute Timetable within 5 Working Days of the issue of a Dispute Notice, the use of the Expedited Dispute Timetable shall be at the sole discretion of the Authority. If the Expedited Dispute Timetable is to be used pursuant to the provisions of Paragraph 3.1 or is otherwise specified under the provisions of this Agreement, then the following periods of time shall apply in lieu of the time periods specified in the applicable Paragraphs: in Paragraph 4.2.1(c), 10 Working Days; in Paragraph 5.2, 10 Working Days; in Paragraph 6.2, 5 Working Days; and in Paragraph 7.2, 10 Working Days.

Dispute Notices. If a Dispute arises then: the Authority Representative and the Supplier Representative shall attempt in good faith to resolve the Dispute; and if such attempts are not successful within a reasonable period, not being longer than 20 Working Days, either Party may issue to the other a Dispute Notice. A Dispute Notice: shall set out: the material particulars of the Dispute; the reasons why the Party serving the Dispute Notice believes that the Dispute has arisen; and if the Party serving the Dispute Notice believes that the Dispute should be dealt with under the Expedited Dispute Timetable, the reason why; and may specify in accordance with the requirements of Paragraphs 9.2 and 9.3 that the Party issuing the Dispute Notice has determined (in the case of the Authority) or considers (in the case of the Supplier) that the Dispute is a Multi-Party Dispute, in which case Paragraph 2.3 shall apply. If a Dispute Notice specifies that the Dispute has been determined or is considered to be a Multi-Party Dispute pursuant to Paragraph 2.2.1(b2.2(b), then: if it is served by the Authority it shall be treated as a Multi-Party Procedure Initiation Notice; and if it is served by the Supplier it shall be treated as a Supplier Request, and in each case the provisions of Paragraph 9 shall apply. Subject to Paragraphs 2.5 and 3.2 and so long as the Authority has not served a Multi-Party Procedure Initiation Notice in respect of the relevant Dispute, following the issue of a Dispute Notice the Parties shall seek to resolve the Dispute: first by commercial negotiation (as prescribed in Paragraph 4); then, if either Party serves a Mediation Notice, by mediation (as prescribed in Paragraph 5); and lastly by recourse to arbitration (as prescribed in Paragraph 7) or litigation (in accordance with Clause 46 (Governing Law and Jurisdiction)). Specific issues shall be referred to Expert Determination (as prescribed in Paragraph 6) where specified under the provisions of this Agreement and may also be referred to Expert Determination where otherwise appropriate as specified in Paragraph 6.1. Unless agreed otherwise in writing, the Parties shall continue to comply with their respective obligations under this Agreement regardless of the nature of the Dispute and notwithstanding any issue of a Dispute Notice or a Multi-Party Procedure Initiation Notice or proceedings under Paragraph 8 (Urgent Relief). In exceptional circumstances where the use of the times in this Schedule would be unreasonable, including (by way of example) where one Party would be materially disadvantaged by a delay in resolving the Dispute, the Parties may agree to use the Expedited Dispute Timetable. If the Parties are unable to reach agreement on whether to use the Expedited Dispute Timetable within 5 Working Days of the issue of a Dispute Notice, the use of the Expedited Dispute Timetable shall be at the sole discretion of the Authority. If the Expedited Dispute Timetable is to be used pursuant to the provisions of Paragraph 3.1 or is otherwise specified under the provisions of this Agreement, then the following periods of time shall apply in lieu of the time periods specified in the applicable Paragraphs: in Paragraph 4.2.1(c4.2(c), 10 Working Days; in Paragraph 5.2, 10 Working Days; in Paragraph 6.2, 5 Working Days; and in Paragraph 7.2, 10 Working Days.

Dispute Notices. If a Dispute arises then: the Authority Representative and the Supplier Representative shall attempt in good faith to resolve the Dispute; and if such attempts are not successful within a reasonable period, not being longer than 20 Working Days, either Party may issue to the other a Dispute Notice. A Dispute Notice: shall set out: the material particulars of the Dispute; the reasons why the Party serving the Dispute Notice believes that the Dispute has arisen; and if the Party serving the Dispute Notice believes that the Dispute should be dealt with under the Expedited Dispute Timetable, the reason why; and may specify in accordance with the requirements of Paragraphs 9.2 and 9.3 that the Party issuing the Dispute Notice has determined (in the case of the Authority) or considers (in the case of the Supplier) that the Dispute is a Multi-Party Dispute, in which case Paragraph 2.3 shall apply. If a Dispute Notice specifies that the Dispute has been determined or is considered to be a Multi-Party Dispute pursuant to Paragraph 2.2.1(b2.2(b), then: if it is served by the Authority it shall be treated as a Multi-Party Procedure Initiation Notice; and if it is served by the Supplier it shall be treated as a Supplier Request, and in each case the provisions of Paragraph 9 shall apply. Subject to Paragraphs 2.5 and 3.2 and so long as the Authority has not served a Multi-Party Procedure Initiation Notice in respect of the relevant Dispute, following the issue of a Dispute Notice the Parties shall seek to resolve the Dispute: first by commercial negotiation (as prescribed in Paragraph 4); then, if either Party serves a Mediation Notice, by mediation (as prescribed in Paragraph 5); and lastly by recourse to arbitration (as prescribed in Paragraph 7) or litigation (in accordance with Clause 46 (Governing Law and Jurisdiction)). Specific issues shall be referred to Expert Determination (as prescribed in Paragraph 6) where specified under the provisions of this Agreement and may also be referred to Expert Determination where otherwise appropriate as specified in Paragraph 6.1. Unless agreed otherwise in writing, the Parties shall continue to comply with their respective obligations under this Agreement regardless of the nature of the Dispute and notwithstanding any issue of a Dispute Notice or a Multi-Party Procedure Initiation Notice or proceedings under Paragraph 8 (Urgent Relief). In exceptional circumstances where the use of the times in this Schedule would be unreasonable, including (by way of example) where one Party would be materially disadvantaged by a delay in resolving the Dispute, the Parties may agree to use the Expedited Dispute Timetable. If the Parties are unable to reach agreement on whether to use the Expedited Dispute Timetable within 5 Working Days of the issue of a Dispute Notice, the use of the Expedited Dispute Timetable shall be at the sole discretion of the Authority. If the Expedited Dispute Timetable is to be used pursuant to the provisions of Paragraph 3.1 or is otherwise specified under the provisions of this Agreement, then the following periods of time shall apply in lieu of the time periods specified in the applicable Paragraphs: in Paragraph 4.2.1(c), 10 Working Days; in Paragraph 5.2, 10 Working Days; in Paragraph 6.2, 5 Working Days; and in Paragraph 7.2, 10 Working Days.

Dispute Notices. If a Dispute arises then: the Authority Representative and the Supplier Representative shall attempt in good faith to resolve the DisputeDispute including utilising the Escalation Procedure ("Escalation Procedure") set out in Paragraph 3 below; and if such attempts are not successful within a reasonable period, not being longer than 20 Working Days, either Party may issue to the other a Dispute Notice. A Dispute Notice: shall set out: the material particulars of the Dispute; the reasons why the Party serving the Dispute Notice believes that the Dispute has arisen; and if the Party serving the Dispute Notice believes that the Dispute should be dealt with under the Expedited Dispute Timetable, the reason why; and may specify in accordance with the requirements of Paragraphs 9.2 10.2 and 9.3 10.3 that the Party issuing the Dispute Notice has determined (in the case of the Authority) or considers (in the case of the Supplier) that the Dispute is a Multi-Multi- Party Dispute, in which case Paragraph 2.3 shall apply. If a Dispute Notice specifies that the Dispute has been determined or is considered to be a Multi-Party Dispute pursuant to Paragraph 2.2.1(b)2.2.2, then: if it is served by the Authority it shall be treated as a Multi-Party Procedure Initiation Notice; and if it is served by the Supplier it shall be treated as a Supplier Request, and in each case the provisions of Paragraph 9 10 shall apply. Subject to Paragraphs 2.5 and 3.2 4.2 and so long as the Authority has not served a Multi-Multi- Party Procedure Initiation Notice in respect of the relevant Dispute, following the issue of a Dispute Notice the Parties shall seek to resolve the Dispute: first by commercial negotiation (as prescribed in Paragraph 45); then, if either Party serves a Mediation Notice, by mediation (as prescribed in Paragraph 56); and lastly by recourse to arbitration (as prescribed in Paragraph 7) 8) or litigation (in accordance with Clause 46 43 (Governing Law and Jurisdiction)). Specific issues shall be referred to Expert Determination (as prescribed in Paragraph 67) where specified under the provisions of this Agreement and may also be referred to Expert Determination where otherwise appropriate as specified in Paragraph 6.17.1. Unless agreed otherwise in writing, the Parties shall continue to comply with their respective obligations under this Agreement regardless of the nature of the Dispute and notwithstanding any issue of a Dispute Notice or a Multi-Party Procedure Initiation Notice or proceedings under Paragraph 8 9 (Urgent Relief). In exceptional circumstances where the use of the times in this Schedule would be unreasonable, including (by way of example) where one Party would be materially disadvantaged by a delay in resolving the Dispute, the Parties may agree to use the Expedited Dispute Timetable. If the Parties are unable to reach agreement on whether to use the Expedited Dispute Timetable within 5 Working Days of the issue of a Dispute Notice, the use of the Expedited Dispute Timetable shall be at the sole discretion of the Authority. If the Expedited Dispute Timetable is to be used pursuant to the provisions of Paragraph 3.1 or is otherwise specified under the provisions of this Agreement, then the following periods of time shall apply in lieu of the time periods specified in the applicable Paragraphs: in Paragraph 4.2.1(c), 10 Working Days; in Paragraph 5.2, 10 Working Days; in Paragraph 6.2, 5 Working Days; and in Paragraph 7.2, 10 Working Days.