5 JULY 2011 NEW ZEALAND GAZETTE, No. 93 2683

agreement within 10 Business Days after the date of giving the notice, the expert will be appointed at the request of a party by the president or the vice-president for the time being of the Institute of Professional Engineers New Zealand or the nominee of such president or vice-president. The guidelines which will govern the proceedings for determining the Matter will be set by the parties. Failing agreement on the guidelines within 10 Business Days after the appointment of the expert, a party may request the expert to set the guidelines which will govern the proceedings for determining the Matter. Without limiting the provisions of this clause 15, if a Matter is referred to an expert for determination pursuant to clause 8.12, the guidelines to govern proceedings (whether agreed or determined by such expert) shall provide:

(a) The notice provided by Genesis Energy pursuant to clause 8.10 and the notice provided by Meridian pursuant to clause 8.11 shall be deemed to be each party’s submission to the expert, and shall be provided to the expert upon his appointment;

(b) Each party may, within a further 5 Business Days provide supplemental submissions;

(c) The expert will make his determination having considered the written submissions provided by each party. The expert will make his determination expeditiously and in any event be expected to make his determination within 15 Business Days of receipt of the supplemental submissions; and

(d) There will be no hearing or verbal submissions. The expert will not contact or communicate with either party otherwise than in electronic or written form addressed to both parties.

15.2 Decision: The expert will determine the Matter and deliver to each party a written decision. The decision must specify brief reasons for the decision. The decision will be final and binding on the parties.

15.3 Confidentiality: The parties and the expert will keep confidential and will not disclose to anyone not involved in the expert determination any information contained in the decision unless such disclosure is required by law, is necessary to comply with the listing rules of any recognised stock exchange, or is made in any subsequent proceedings to enforce the expert’s decision.

15.4 Arbitration statutes not to apply: Referral of the Matter to the expert will not be an arbitration agreement for the purposes of the Arbitration Act 1996 and the provisions of that Act will not apply to or govern such referral.

15.5 Costs: The parties will bear their own costs (including legal costs) and an equal share of the costs and expenses of the expert.

16. DISPUTE RESOLUTION

16.1 Mediator: Any dispute, difference, or claim arising out of or in connection with this agreement, or the subject matter of this agreement, including any dispute as to its existence or validity (but excluding any dispute which falls within section 15) (“Dispute”) will be referred to the mediation of a single mediator. The referral to mediation will be commenced by a party giving notice to the other party stating the subject matter and details of the Dispute and requiring the Dispute to be referred to a mediator to be appointed by the parties. Failing agreement within 10 Business Days after the date of giving the notice, the mediator will be appointed at the request of a party by the president (or his or her nominee) for the time being of the Arbitrators’ and Mediators’ Institute of New Zealand Inc (“AMINZ”). The mediation will be conducted in accordance with the AMINZ mediation protocol.