Common use of COMPLAINTS HANDLING AND RESOLUTION Clause in Contracts

COMPLAINTS HANDLING AND RESOLUTION. The Provider shall notify the Authority of any Complaint made by the Customer within two (2) Working Days of becoming aware of that Complaint and such notice shall contain full details of the Provider's plans to resolve such Complaint. Without prejudice to any rights and remedies that a complainant may have at Law, including under the Framework Agreement or a Call-Off Contract, and without prejudice to any obligation of the Provider to take remedial action under the provisions of the Framework Agreement or a Call-Off Contract, the Provider shall use its best endeavours to resolve the Complaint within ten (10) Working Days and in so doing, shall deal with the Complaint fully, expeditiously and fairly. FORCE MAJEURE Neither Party shall be liable to the other Party for any delay in performing, or failure to perform, its obligations under the Framework Agreement (other than a payment of money) to the extent that such delay or failure is a result of Force Majeure. Notwithstanding the foregoing, each Party shall use all reasonable endeavours to continue to perform its obligations under the Framework Agreement for the duration of such Force Majeure. However, if such Force Majeure prevents either Party from performing its material obligations under the Framework Agreement for a period in excess of six (6) Months, either Party may terminate the Framework Agreement with immediate effect by notice in writing. If either Party becomes aware of a Force Majeure event or occurrence which gives rise to or is likely to give rise to any such failure or delay on its part as described in Clause 41.1 it shall immediately notify the other by the most expeditious method then available and shall inform the other of the period during which it is estimated that such failure or delay shall continue. It is expressly agreed that any failure by the Provider to perform or any delay by the Provider in performing its obligations under the Framework Agreement which results from any failure or delay in the performance of its obligations by any person, firm or company with which the Provider shall have entered into any contract, supply arrangement, sub-contract or otherwise shall be regarded as a failure or delay due to Force Majeure only in the event that such person firm or company shall itself be prevented from or delayed in complying with its obligations under such contract, supply arrangement, sub-contract or otherwise as a result of circumstances of Force Majeure. For the avoidance of doubt, it is hereby expressly declared that the only events which shall afford relief from liability for failure or delay shall be any event qualifying for Force Majeure hereunder. DISPUTE RESOLUTION THE PARTIES SHALL ATTEMPT IN GOOD FAITH TO NEGOTIATE A SETTLEMENT TO ANY DISPUTE BETWEEN THEM ARISING OUT OF OR IN CONNECTION WITH THE FRAMEWORK AGREEMENT WITHIN TWENTY (20) WORKING DAYS OF EITHER PARTY NOTIFYING THE OTHER OF THE DISPUTE AND SUCH EFFORTS SHALL INVOLVE THE ESCALATION OF THE DISPUTE TO THOSE PERSONS IDENTIFIED IN CLAUSE 39. above. NOTHING IN THIS DISPUTE RESOLUTION PROCEDURE SHALL PREVENT THE PARTIES FROM SEEKING FROM ANY COURT OF COMPETENT JURISDICTION AN INTERIM ORDER RESTRAINING THE OTHER PARTY FROM DOING ANY ACT OR COMPELLING THE OTHER PARTY TO DO ANY ACT. If the dispute cannot be resolved by the Parties pursuant to Clause 42.1 the Parties shall refer it to mediation pursuant to the procedure set out in Clause 42.5 unless: the Authority considers that the dispute is not suitable for resolution by mediation; or the Provider does not agree to mediation. The obligations of the Parties under the Framework Agreement shall not be suspended, cease or be delayed by the reference of a dispute to mediation and the Provider and its Staff shall comply fully with the requirements of the Framework Agreement at all times. The procedure for mediation and consequential provisions relating to mediation are as follows: - a neutral adviser or mediator ("the Mediator") shall be chosen by agreement between the Parties or, if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other to appoint a Mediator or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to the Centre for Effective Dispute Resolution to appoint a Mediator; the Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from the Centre for Effective Dispute Resolution to provide guidance on a suitable procedure; unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings; if the Parties reach agreement on the resolution of the dispute, the agreement shall be reduced to writing and shall be binding on the Parties once it is signed by their duly authorised representatives; failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative opinion in writing. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to this Framework Agreement without the prior written consent of both Parties; and if the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the courts.

COMPLAINTS HANDLING AND RESOLUTION. The Provider Supplier shall notify the Authority of any Complaint complaint made by Other Contracting Bodies, which is not resolved by operation of the Customer Supplier’s usual complaints handling procedure within two five (25) Working Days of becoming aware of that Complaint complaint and such notice shall contain full details of the ProviderSupplier's plans to resolve such Complaintcomplaint. Without prejudice to any rights and remedies that a complainant may have at Law, including under the this Framework Agreement or a Agreement, Call-Off ContractAgreement and/or Lease Agreement, and without prejudice to any obligation of the Provider Supplier to take remedial action under the provisions of the this Framework Agreement or a Call-Off ContractAgreement and/or Lease Agreement, the Provider Supplier shall use its best endeavours to resolve the Complaint within ten (10) Working Days and in so doing, shall deal with the Complaint complaint fully, expeditiously and fairly. FORCE MAJEURE Neither Party Within two (2) Working Days of a request by the Authority, the Supplier shall be liable provide full details of a complaint to the other Party for Authority, including details of steps taken to its resolution. DISPUTE RESOLUTION The Parties shall attempt in good faith to negotiate a settlement of any delay dispute between them arising out of or in performing, or failure to perform, its obligations under the connection with this Framework Agreement within twenty (other than a payment 20) Working Days of money) to the extent that such delay or failure is a result of Force Majeure. Notwithstanding the foregoing, each Party shall use all reasonable endeavours to continue to perform its obligations under the Framework Agreement for the duration of such Force Majeure. However, if such Force Majeure prevents either Party from performing its material obligations under the Framework Agreement for a period in excess of six (6) Months, either Party may terminate the Framework Agreement with immediate effect by notice in writing. If either Party becomes aware of a Force Majeure event or occurrence which gives rise to or is likely to give rise to any such failure or delay on its part as described in Clause 41.1 it shall immediately notify the other by the most expeditious method then available and shall inform notifying the other of the period during which it is estimated that dispute and such failure or delay efforts shall continueinvolve the escalation of the dispute to the Authority Representative and the Supplier Representative. It is expressly agreed that any failure by Nothing in this dispute resolution procedure shall prevent the Provider to perform or any delay by the Provider in performing its obligations under the Framework Agreement which results Parties from seeking from any failure court of competent jurisdiction an interim order restraining the other Party from doing any act or delay in compelling the performance of its obligations by other Party to do any person, firm or company with which the Provider shall have entered into any contract, supply arrangement, sub-contract or otherwise shall be regarded as a failure or delay due to Force Majeure only in the event that such person firm or company shall itself be prevented from or delayed in complying with its obligations under such contract, supply arrangement, sub-contract or otherwise as a result of circumstances of Force Majeure. For the avoidance of doubt, it is hereby expressly declared that the only events which shall afford relief from liability for failure or delay shall be any event qualifying for Force Majeure hereunder. DISPUTE RESOLUTION THE PARTIES SHALL ATTEMPT IN GOOD FAITH TO NEGOTIATE A SETTLEMENT TO ANY DISPUTE BETWEEN THEM ARISING OUT OF OR IN CONNECTION WITH THE FRAMEWORK AGREEMENT WITHIN TWENTY (20) WORKING DAYS OF EITHER PARTY NOTIFYING THE OTHER OF THE DISPUTE AND SUCH EFFORTS SHALL INVOLVE THE ESCALATION OF THE DISPUTE TO THOSE PERSONS IDENTIFIED IN CLAUSE 39. above. NOTHING IN THIS DISPUTE RESOLUTION PROCEDURE SHALL PREVENT THE PARTIES FROM SEEKING FROM ANY COURT OF COMPETENT JURISDICTION AN INTERIM ORDER RESTRAINING THE OTHER PARTY FROM DOING ANY ACT OR COMPELLING THE OTHER PARTY TO DO ANY ACT. If the dispute cannot be resolved by the Parties pursuant to Clause 42.1 the Parties shall refer it to mediation pursuant to the procedure set out in Clause 42.5 unless: the Authority considers that the dispute is not suitable for resolution by mediation; or the Provider does not agree to mediationact. The obligations of the Parties under the this Framework Agreement shall not be suspended, cease or be delayed by the reference of a dispute to mediation or arbitration pursuant to this Clause 45 and the Provider Supplier and its Staff employees, personnel and associates shall comply fully with the requirements of the this Framework Agreement at all times. The procedure for mediation and consequential provisions relating If the dispute cannot be resolved by the Parties pursuant to Clause 45.1, the Parties shall refer it to mediation are as followspursuant to the procedure set out in Clause 45.5 unless the Authority considers that the dispute is not suitable for resolution by mediation [or the Supplier does not agree to mediation]. If a dispute is referred to mediation the parties shall comply with the following provisions: - a neutral adviser or mediator ("“the Mediator"”) shall be chosen by agreement between the Parties or, if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other to appoint a Mediator or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to the Centre for Effective Dispute Resolution CEDR to appoint a Mediator; the Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from the Centre for Effective Dispute Resolution CEDR to provide guidance on a suitable procedure; unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings; if the Parties reach agreement on the resolution of the dispute, the agreement shall be reduced to writing and shall be binding on the Parties once it is signed with effect from its signature by their duly authorised representatives; failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative opinion in writing. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to this Framework Agreement without the prior written consent of both Parties; and if the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to arbitration pursuant to Clause 45.6. If a dispute cannot be resolved by the courtsParties pursuant to Clause 45.5 the Parties shall refer it to arbitration pursuant to the procedure set out in Clause 45.7 unless the Authority considers that it is not suitable for resolution by arbitration. If a dispute is referred to arbitration the Parties shall comply with the following provisions: the arbitration shall be governed by the provisions of the Arbitration Act 1996 and the LCIA procedural rules shall be applied and are deemed to be incorporated into this Framework Agreement (save that in the event of any conflict between those rules and this Framework Agreement, this Framework Agreement shall prevail); the decision of the arbitrator shall be binding on the Parties (in the absence of any material failure by the arbitrator to comply with the LCIA procedural rules); the tribunal shall consist of a sole arbitrator to be agreed by the Parties and in the event that the Parties fail to agree the appointment of the arbitrator within 10 Working Days or, if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA; and the arbitration proceedings shall take place in London.

COMPLAINTS HANDLING AND RESOLUTION. The Provider Supplier shall notify the Authority ConstructionSkills of any Complaint made by the Customer within two (2) Working Days of becoming aware of that Complaint and such notice shall contain full details of the ProviderSupplier's plans to resolve such Complaint. Without prejudice If ConstructionSkills considers the Complaint to any rights and remedies that a complainant may have at Lawbe well founded, including under it reserves the right to terminate forthwith the Framework Agreement or a and any Call-Off Contract, and without prejudice Contract DISPUTE RESOLUTION The Parties shall attempt in good faith to negotiate a settlement to any obligation dispute between them arising out of the Provider to take remedial action under the provisions of or in connection with the Framework Agreement or a Call-Off Contract, the Provider shall use its best endeavours to resolve the Complaint within ten twenty (1020) Working Days and in so doing, shall deal with the Complaint fully, expeditiously and fairly. FORCE MAJEURE Neither Party shall be liable to the other Party for any delay in performing, or failure to perform, its obligations under the Framework Agreement (other than a payment of money) to the extent that such delay or failure is a result of Force Majeure. Notwithstanding the foregoing, each Party shall use all reasonable endeavours to continue to perform its obligations under the Framework Agreement for the duration of such Force Majeure. However, if such Force Majeure prevents after either Party from performing its material obligations under the Framework Agreement for a period in excess of six (6) Months, either Party may terminate the Framework Agreement with immediate effect by notice in writing. If either Party becomes aware of a Force Majeure event or occurrence which gives rise to or is likely to give rise to any such failure or delay on its part as described in Clause 41.1 it shall immediately notify the other by the most expeditious method then available and shall inform notifying the other of the period during which it is estimated that dispute and such failure or delay efforts shall continueinvolve the escalation of the dispute to those persons identified in Clause 33 above. It is expressly agreed that any failure by Nothing in this dispute resolution procedure shall prevent the Provider to perform or any delay by the Provider in performing its obligations under the Framework Agreement which results Parties from seeking from any failure court of competent jurisdiction an interim order restraining the other Party from doing any act or delay in compelling the performance of its obligations by other Party to do any person, firm or company with which the Provider shall have entered into any contract, supply arrangement, sub-contract or otherwise shall be regarded as a failure or delay due to Force Majeure only in the event that such person firm or company shall itself be prevented from or delayed in complying with its obligations under such contract, supply arrangement, sub-contract or otherwise as a result of circumstances of Force Majeure. For the avoidance of doubt, it is hereby expressly declared that the only events which shall afford relief from liability for failure or delay shall be any event qualifying for Force Majeure hereunder. DISPUTE RESOLUTION THE PARTIES SHALL ATTEMPT IN GOOD FAITH TO NEGOTIATE A SETTLEMENT TO ANY DISPUTE BETWEEN THEM ARISING OUT OF OR IN CONNECTION WITH THE FRAMEWORK AGREEMENT WITHIN TWENTY (20) WORKING DAYS OF EITHER PARTY NOTIFYING THE OTHER OF THE DISPUTE AND SUCH EFFORTS SHALL INVOLVE THE ESCALATION OF THE DISPUTE TO THOSE PERSONS IDENTIFIED IN CLAUSE 39. above. NOTHING IN THIS DISPUTE RESOLUTION PROCEDURE SHALL PREVENT THE PARTIES FROM SEEKING FROM ANY COURT OF COMPETENT JURISDICTION AN INTERIM ORDER RESTRAINING THE OTHER PARTY FROM DOING ANY ACT OR COMPELLING THE OTHER PARTY TO DO ANY ACTact. If the dispute cannot be resolved by the Parties pursuant to Clause 42.1 34.1, the Parties shall refer it to mediation pursuant to the procedure set out in Clause 42.5 unless: the Authority 34.5 unless:- ConstructionSkills considers that the dispute is not suitable for resolution by mediation; or the Provider Supplier does not agree to mediation. The obligations of the Parties under the Framework Agreement shall not be suspended, cease or be delayed by the reference of a dispute to mediation and the Provider Supplier and its Staff employees, personnel and associates shall comply fully with the requirements of the Framework Agreement at all times. The procedure for mediation and consequential provisions relating to mediation are as follows: - follows:- a neutral adviser or mediator ("the Mediator") shall be chosen by agreement between the Parties or, if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other to appoint a Mediator or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator or within ten (10) Working Days of after any notice given by the Mediation to either Party that he is unable or unwilling to act, apply to the Centre for Effective Dispute Resolution (CEDR) to appoint a Mediator; the Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from the Centre for Effective Dispute Resolution to provide guidance on a suitable procedure; unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings; if the Parties reach agreement on the resolution of the dispute, the agreement shall be reduced to writing and shall be binding on the Parties once it is signed by their duly authorised representatives; failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative opinion in writing. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to this Framework Agreement without the prior written consent of both Parties; and if the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of after the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the courts.

COMPLAINTS HANDLING AND RESOLUTION. The Provider Supplier shall notify the Authority LONDON BOROUGH OF WALTHAM FOREST of any Complaint made by the Customer other Contracting Authorities within two (2) Working Days of becoming aware of that Complaint and such notice shall contain full details of the ProviderSupplier's plans to resolve such Complaint. Without prejudice to any rights and remedies that a complainant may have at Law, including under the Framework Agreement or a Call-Off Contract, and without prejudice to any obligation of the Provider Supplier to take remedial action under the provisions of the Framework Agreement or a Call-Off Contract, the Provider Supplier shall use its best endeavours to resolve the Complaint within ten (10) Working Days and in so doing, shall deal with the Complaint fully, expeditiously and fairly. FORCE MAJEURE Neither Party shall be liable to the other Party for any delay in performing, or failure to perform, its obligations under the Framework Agreement (other than a payment of money) to the extent that such delay or failure is a result of Force Majeure. Notwithstanding the foregoing, each Party shall use all reasonable endeavours to continue to perform its obligations under the Framework Agreement for the duration of such Force Majeure. However, if such Force Majeure prevents either Party from performing its material obligations under the Framework Agreement for a period in excess of six (6) Months, either Party may terminate the Framework Agreement with immediate effect by notice in writing. If either Party becomes aware of a Force Majeure event or occurrence which gives rise to or is likely to give rise to any such failure or delay on its part as described in Clause 41.1 40.1 it shall immediately notify the other by the most expeditious method then available and shall inform the other of the period during which it is estimated that such failure or delay shall continue. It is expressly agreed that any failure by the Provider Supplier to perform or any delay by the Provider Supplier in performing its obligations under the Framework Agreement which results from any failure or delay in the performance of its obligations by any person, firm or company with which the Provider Supplier shall have entered into any contract, supply arrangement, sub-contract or otherwise shall be regarded as a failure or delay due to Force Majeure only in the event that such person firm or company shall itself be prevented from or delayed in complying with its obligations under such contract, supply arrangement, sub-contract or otherwise as a result of circumstances of Force Majeure. For the avoidance of doubt, doubt it is hereby expressly declared that the only events which shall afford relief from liability for failure or delay shall be any event qualifying for Force Majeure hereunder. DISPUTE RESOLUTION THE PARTIES SHALL ATTEMPT IN GOOD FAITH TO NEGOTIATE A SETTLEMENT TO ANY DISPUTE BETWEEN THEM ARISING OUT OF OR IN CONNECTION WITH THE FRAMEWORK AGREEMENT WITHIN TWENTY (20) WORKING DAYS OF EITHER PARTY NOTIFYING THE OTHER OF THE DISPUTE AND SUCH EFFORTS SHALL INVOLVE THE ESCALATION OF THE DISPUTE TO THOSE PERSONS IDENTIFIED IN CLAUSE 39. above. NOTHING IN THIS DISPUTE RESOLUTION PROCEDURE SHALL PREVENT THE PARTIES FROM SEEKING FROM ANY COURT OF COMPETENT JURISDICTION AN INTERIM ORDER RESTRAINING THE OTHER PARTY FROM DOING ANY ACT OR COMPELLING THE OTHER PARTY TO DO ANY ACT. If the dispute cannot be resolved by the Parties pursuant to Clause 42.1 the Parties shall refer it to mediation pursuant to the procedure set out in Clause 42.5 unless: the Authority considers that the dispute is not suitable for resolution by mediation; or the Provider does not agree to mediation. The obligations of the Parties under the Framework Agreement shall not be suspended, cease or be delayed by the reference of a dispute to mediation and the Provider and its Staff shall comply fully with the requirements of the Framework Agreement at all times. The procedure for mediation and consequential provisions relating to mediation are as follows: - a neutral adviser or mediator ("the Mediator") shall be chosen by agreement between the Parties or, if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other to appoint a Mediator or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to the Centre for Effective Dispute Resolution to appoint a Mediator; the Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from the Centre for Effective Dispute Resolution to provide guidance on a suitable procedure; unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings; if the Parties reach agreement on the resolution of the dispute, the agreement shall be reduced to writing and shall be binding on the Parties once it is signed by their duly authorised representatives; failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative opinion in writing. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to this Framework Agreement without the prior written consent of both Parties; and if the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the courts.

COMPLAINTS HANDLING AND RESOLUTION. The Provider Supplier shall notify the Authority of any Complaint complaint made by Other Contracting Bodies, which is not resolved by operation of the Customer Supplier’s usual complaints handling procedure within two five (25) Working Days of becoming aware of that Complaint complaint and such notice shall contain full details of the ProviderSupplier's plans to resolve such Complaintcomplaint. Without prejudice to any rights and remedies that a complainant may have at Law, including under the this Framework Agreement or a Call-Off ContractAgreement, and without prejudice to any obligation of the Provider Supplier to take remedial action under the provisions of the this Framework Agreement or a Call-Off ContractAgreement, the Provider Supplier shall use its best endeavours to resolve the Complaint within ten (10) Working Days and in so doing, shall deal with the Complaint complaint fully, expeditiously and fairly. FORCE MAJEURE Neither Party Within two (2) Working Days of a request by the Authority, the Supplier shall be liable provide full details of a complaint to the other Party for Authority, including details of steps taken to its resolution. DISPUTE RESOLUTION The Parties shall attempt in good faith to negotiate a settlement of any delay dispute between them arising out of or in performing, or failure to perform, its obligations under the connection with this Framework Agreement within twenty (other than a payment 20) Working Days of money) to the extent that such delay or failure is a result of Force Majeure. Notwithstanding the foregoing, each Party shall use all reasonable endeavours to continue to perform its obligations under the Framework Agreement for the duration of such Force Majeure. However, if such Force Majeure prevents either Party from performing its material obligations under the Framework Agreement for a period in excess of six (6) Months, either Party may terminate the Framework Agreement with immediate effect by notice in writing. If either Party becomes aware of a Force Majeure event or occurrence which gives rise to or is likely to give rise to any such failure or delay on its part as described in Clause 41.1 it shall immediately notify the other by the most expeditious method then available and shall inform notifying the other of the period during which it is estimated that dispute and such failure or delay efforts shall continueinvolve the escalation of the dispute to the Authority Representative and the Supplier Representative. It is expressly agreed that any failure by Nothing in this dispute resolution procedure shall prevent the Provider to perform or any delay by the Provider in performing its obligations under the Framework Agreement which results Parties from seeking from any failure court of competent jurisdiction an interim order restraining the other Party from doing any act or delay in compelling the performance of its obligations by other Party to do any person, firm or company with which the Provider shall have entered into any contract, supply arrangement, sub-contract or otherwise shall be regarded as a failure or delay due to Force Majeure only in the event that such person firm or company shall itself be prevented from or delayed in complying with its obligations under such contract, supply arrangement, sub-contract or otherwise as a result of circumstances of Force Majeure. For the avoidance of doubt, it is hereby expressly declared that the only events which shall afford relief from liability for failure or delay shall be any event qualifying for Force Majeure hereunder. DISPUTE RESOLUTION THE PARTIES SHALL ATTEMPT IN GOOD FAITH TO NEGOTIATE A SETTLEMENT TO ANY DISPUTE BETWEEN THEM ARISING OUT OF OR IN CONNECTION WITH THE FRAMEWORK AGREEMENT WITHIN TWENTY (20) WORKING DAYS OF EITHER PARTY NOTIFYING THE OTHER OF THE DISPUTE AND SUCH EFFORTS SHALL INVOLVE THE ESCALATION OF THE DISPUTE TO THOSE PERSONS IDENTIFIED IN CLAUSE 39. above. NOTHING IN THIS DISPUTE RESOLUTION PROCEDURE SHALL PREVENT THE PARTIES FROM SEEKING FROM ANY COURT OF COMPETENT JURISDICTION AN INTERIM ORDER RESTRAINING THE OTHER PARTY FROM DOING ANY ACT OR COMPELLING THE OTHER PARTY TO DO ANY ACT. If the dispute cannot be resolved by the Parties pursuant to Clause 42.1 the Parties shall refer it to mediation pursuant to the procedure set out in Clause 42.5 unless: the Authority considers that the dispute is not suitable for resolution by mediation; or the Provider does not agree to mediationact. The obligations of the Parties under the this Framework Agreement shall not be suspended, cease or be delayed by the reference of a dispute to mediation or arbitration pursuant to this Clause 45 and the Provider Supplier and its Staff employees, personnel and associates shall comply fully with the requirements of the this Framework Agreement at all times. The procedure for mediation and consequential provisions relating If the dispute cannot be resolved by the Parties pursuant to Clause 45.1, the Parties shall refer it to mediation are as followspursuant to the procedure set out in Clause 45.5 unless the Authority considers that the dispute is not suitable for resolution by mediation [or the Supplier does not agree to mediation]. If a dispute is referred to mediation the parties shall comply with the following provisions: - a neutral adviser or mediator ("“the Mediator"”) shall be chosen by agreement between the Parties or, if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other to appoint a Mediator or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to the Centre for Effective Dispute Resolution CEDR to appoint a Mediator; the Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from the Centre for Effective Dispute Resolution CEDR to provide guidance on a suitable procedure; unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings; if the Parties reach agreement on the resolution of the dispute, the agreement shall be reduced to writing and shall be binding on the Parties once it is signed with effect from its signature by their duly authorised representatives; failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative opinion in writing. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to this Framework Agreement without the prior written consent of both Parties; and if the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to arbitration pursuant to Clause 45.6. If a dispute cannot be resolved by the courtsParties pursuant to Clause 45.5 the Parties shall refer it to arbitration pursuant to the procedure set out in Clause 45.7 unless the Authority considers that it is not suitable for resolution by arbitration. If a dispute is referred to arbitration the Parties shall comply with the following provisions: the arbitration shall be governed by the provisions of the Arbitration Act 1996 and the LCIA procedural rules shall be applied and are deemed to be incorporated into this Framework Agreement (save that in the event of any conflict between those rules and this Framework Agreement, this Framework Agreement shall prevail); the decision of the arbitrator shall be binding on the Parties (in the absence of any material failure by the arbitrator to comply with the LCIA procedural rules); the tribunal shall consist of a sole arbitrator to be agreed by the Parties and in the event that the Parties fail to agree the appointment of the arbitrator within 10 Working Days or, if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA; and the arbitration proceedings shall take place in London.