Common use of Paramountcy Clause in Contracts

Paramountcy. If any part of this Agreement conflicts with another part, or if any inconsistency arises between aspects of this Agreement, that part of the Agreement higher in the following list will take precedence: the terms and conditions contained in the Special Conditions Schedule (if any); the terms and conditions contained in the clauses of the Agreement; the Schedule; and the Attachment. DISPUTE RESOLUTION A party will not commence arbitration or court proceedings (except proceedings seeking interlocutory relief) about a dispute, difference, question or claim arising out of this Agreement (“Dispute”) unless it has complied with this clause. A party claiming a Dispute has arisen will notify the other party giving details of the Dispute (Notification). On receipt of a Notification each party will refer the Dispute for resolution by a person with authority to resolve such a dispute. If the Dispute is not resolved under clause 21.3 within thirty days (or longer period as agreed between the parties) of the Notification, the parties will refer the Dispute for mediation by the Australian Commercial Dispute Centre Limited (ACDC) for resolution in accordance with the Mediation Guidelines of the ACDC and will enter into ACDC’s standard mediation agreement in force at the time this Agreement is executed by the parties, or such other mediation as is agreed by the parties. Subject to clause 21.8, if the Dispute is not resolved under clause 21.4 within thirty days (or longer period agreed by the parties) of referral to ACDC, either party may initiate proceedings in a court. Despite the existence of a dispute, each party will (unless requested not to do so) continue to perform its obligations under this Agreement. Termination of the Agreement under Clause 14 is not considered a dispute between the parties within this clause 21 and does not give rise to a right of a party to seek resolution of the matter under this clause 21. If the Contractor is not an Australian resident and the Dispute is not resolved under clause 21.4, unless otherwise agreed by both Parties: any dispute, controversy or claim arising out relating to, or in connection with this Agreement, including any question regarding its existence, validity or termination shall be resolved by arbitration in accordance with the ACICA Arbitration Rules; the seat of arbitration shall be Sydney, Australia; the number of Arbitrators shall be one; the arbitration shall be conducted in English. The Parties acknowledge that any award rendered by an arbitrator pursuant to this Agreement shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

Paramountcy. If any part of this Agreement conflicts with another part, or if any inconsistency arises between aspects of this Agreement, that part of the Agreement higher in the following list will take precedence: the terms and conditions contained in the Special Conditions Schedule (if any); the terms and conditions contained in the clauses of the Agreement; the Schedule; and the Attachmentattachment. DISPUTE RESOLUTION A party will not commence arbitration or court proceedings (except proceedings seeking interlocutory relief) about a dispute, difference, question or claim arising out of this Agreement (“‘Dispute”’) unless it has complied with this clause. A party claiming a Dispute has arisen will notify the other party party, giving details of the Dispute (‘Notification’). On receipt of a Notification Notification, each party will refer the Dispute for resolution by a person with authority to resolve such a dispute. If the Dispute is not resolved under clause 21.3 within thirty 30 (thirty) days (or longer period as agreed between the parties) of the Notification, the parties will refer the Dispute for mediation by the Australian Commercial Dispute Centre Limited (ACDC) for resolution in accordance with the Mediation Guidelines of the ACDC ACDC, and will enter into ACDC’s standard mediation agreement in force at the time this Agreement is executed by the parties, or such other mediation as is agreed by the parties. Subject to clause 21.8, if the Dispute is not resolved under clause 21.4 within thirty 30 (thirty) days (or longer period agreed by the parties) of referral to ACDC, either party may initiate proceedings in a court. Despite the existence of a dispute, each party will (unless requested not to do so) continue to perform its obligations under this Agreement. Termination of the Agreement under Clause clause 14 is not considered a dispute between the parties within this clause 21 and does not give rise to a right of a party to seek resolution of the matter under this clause 21. If the Contractor is not an Australian resident and the Dispute is not resolved under clause 21.4, unless otherwise agreed by both Partiesparties: any dispute, controversy or claim arising out relating to, or in connection with with, this Agreement, including any question regarding its existence, validity or termination termination, shall be resolved by arbitration in accordance with the ACICA Arbitration Rules; the seat of arbitration shall be Sydney, Australia; the number of Arbitrators arbitrators shall be one; the arbitration shall be conducted in English. The Parties parties acknowledge that any award rendered by an arbitrator pursuant to this Agreement shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

Paramountcy. If any part of this Agreement conflicts with another part, or if any inconsistency arises between aspects of this Agreement, that part of the Agreement higher in the following list will take precedence: the terms and conditions contained in the Special Conditions Schedule (if any); the terms and conditions contained in the clauses of the Agreement; the Schedules, except for the Special Conditions Schedule; and the Attachment. DISPUTE RESOLUTION A party will not commence arbitration or court proceedings (except proceedings seeking interlocutory relief) about a dispute, difference, question or claim arising out of this Agreement (“Dispute”) unless it has complied with this clause. A party claiming a Dispute has arisen will notify the other party giving details of the Dispute (Notification). On receipt of a Notification each party will refer the Dispute for resolution by a person with authority to resolve such a dispute. If the Dispute is not resolved under clause 21.3 within thirty days (or longer period as agreed between the parties) of the Notification, the parties will refer the Dispute for mediation by the Australian Centre for International Commercial Dispute Centre Arbitration Limited (ACDCACICA) for resolution in accordance with the ACICA Mediation Guidelines of the ACDC and will enter into ACDC’s standard mediation agreement in force at the time this Agreement is executed by the partiesRules, or such other mediation as is agreed by the parties. Subject The costs of any mediation are to be borne equally between the parties. Each party will bear its own costs of complying with this clause 21.8, if 21. If the Dispute is not resolved under clause 21.4 within thirty days (or longer period agreed by the parties) of referral to ACDCACICA, either party may initiate proceedings in a court. Despite the existence of a dispute, each party will (unless requested not to do so) continue to perform its obligations under this Agreement. Termination of the Agreement under Clause clause 14 is not considered a dispute between the parties within this clause 21 and does not give rise to a right of a party to seek resolution of the matter under this clause 21. If the Contractor is not an Australian resident and the Dispute is not resolved under clause 21.4, unless otherwise agreed by both Parties: any dispute, controversy or claim arising out relating to, or in connection with this Agreement, including any question regarding its existence, validity or termination shall be resolved by arbitration in accordance with the ACICA Arbitration Rules; the seat of arbitration shall be Sydney, Australia; the number of Arbitrators shall be one; the arbitration shall be conducted in English. The Parties acknowledge that any award rendered by an arbitrator pursuant to this Agreement shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.