22 DECEMBER 2010 NEW ZEALAND GAZETTE, No. 177 4349

other Party, to require the Dispute to be finally resolved by arbitration under the Arbitration Act 1996 by a sole arbitrator to be appointed by agreement between the Parties or, failing agreement within five Business Days of receipt of that notice, appointed by the President of the New Zealand Law Society or his or her nominee. The decision of the arbitrator shall be final and binding on the Parties, and the costs of the arbitrator shall (subject to any award by the arbitrator) be borne equally by the Parties. Subject to any right any Party may have to apply to a court for any interim or preliminary relief in respect of the Dispute, completion or termination of the mediation shall be a condition precedent to the commencement of arbitration.

10.4 Provision and use of information: The Parties acknowledge that the purpose of any exchange of information or documents or the making of any offer of settlement pursuant to this clause 10 is to attempt to settle the Dispute between the Parties. No Party may use any information or documents obtained solely in connection with a mediation or arbitration of a Dispute for any purpose other than in an attempt to settle the Dispute.

11. COSTS AND EXPENSES

11.1 Establishment and administration costs: Each Party shall pay its own costs and expenses and any taxes thereon incurred by the Party in or in connection with the negotiation, preparation, execution and the administration of the Transaction Documents or any amendment of, supplement to or waiver in respect of any Transaction Document.

11.2 Enforcement and Disputes: If any Party seeks to enforce the provisions of any Transaction Document, or there is any Dispute, that Party shall meet its own costs and expenses and taxes thereon in connection with such enforcement or dispute, subject to any costs order of a court or tribunal to the contrary.

11.3 Stamp duty and taxes: Each Party shall pay its own stamp, documentary, transaction, registration and other like duties and taxes (including fines, interest and penalties), if any, which may be payable or determined to be payable in connection with the signing, delivery, registration, performance, exercise of any right under, or enforcement or variation of, any Transaction Document.

11.4 GST: Subject to the Supplier providing the Recipient with a Tax Invoice, if any supply made by a Party under this agreement (including the supply of any rights, goods, services, benefits or other things) is subject to GST under the GST Act, the Supplier may, if it incurs a liability to pay GST under the GST Act in respect of that supply, recover from the Recipient an amount on account of that GST in addition to any payment or other consideration for the supply.

11.5 Additional amount: The additional amount payable pursuant to clause 11.4 above is:

(a) equal to the Price (or the relevant part of the Price if only part of the Price relates to a supply which is subject to GST) for the supply multiplied by the prevailing GST rate; and

(b) is payable at the same time and in the same manner as the Recipient is required to pay or provide the consideration for the supply to which the additional amount relates.