New Zealand Gazette – 2003 – No. 151

Page 4229

✨ Contractual Terms and Conditions

7 NOVEMBER NEW ZEALAND GAZETTE 4229

C14 NOTIFICATION OF PROBLEMS

C14.1 You agree to advise us promptly in writing of anything which may, or is likely to, materially reduce or affect your ability to provide the Services, including anything relating to any premises or equipment used by you or your key personnel, and anything which may have high media or public interest.

C14.2 You agree to have in place realistic and reasonable risk management processes and contingency plans to enable you to continue to provide the Services on the occurrence of any of the matters or things covered by this clause C14, and you agree to provide us with full details of those plans if we request them.

C15 PUBLIC STATEMENTS AND ADVERTISING

C15.1 Neither of us may, during or after this Notice, either directly or indirectly criticise the other publicly, without first fully discussing the matters of concern with the other in good faith and in a co-operative and constructive manner.

C15.2 You agree not to use our name or logo without our prior written consent and then only in accordance with our instructions.

C16 DISPUTE RESOLUTION

C16.1 Subject to clause C16.2 and C16.3 below, if either of us has any dispute with the other in connection with this Notice, then:

a.  both of us agree to use our best endeavours to act in good faith to settle the dispute between us;

b.  if the dispute is not settled by agreement between both of us within 30 days of the other party being notified of the dispute, then, unless both of us agree otherwise, either of us may (by written notice to the other) require that the dispute be submitted for mediation by a single mediator agreed by both of us, or if both of us cannot agree on a mediator, a mediator nominated by LEADR or if LEADR no longer exists or is unable to nominate a mediator, the president for the time being of the New Zealand Law Society. In the event of any such submission to mediation:

    i.  the mediator will not be deemed to be acting as an expert or an arbitrator;

    ii. the mediator will determine the procedure and timetable for the mediation;

    iii.    the cost of the mediation will be shared equally between both of us (unless otherwise agreed);

c.  neither of us will initiate any court proceedings during the dispute resolution process unless proceedings are necessary to preserve that party's rights; and

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