✨ Agreement Terms and Conditions
2740 NEW ZEALAND GAZETTE, No. 93 5 JULY 2011
11.3 Determination: If:
(a) the Dispute is unresolved within 20 Business Days after the process in clause 10.2 has commenced; or
(b) neither party commences the process in clause 10.2 within 5 Business Days after expiry of the 10 Business Days referred to in clause 10.2,
either party may by written notice stating the subject matter and details of the Dispute to the other party require the Dispute to be determined by a single expert. The referral to expert determination 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 the determination of an expert to be appointed by the parties. Failing 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 Dispute 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 Dispute.
11.4 Decision: The expert will determine the Dispute 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.
11.5 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.
11.6 Arbitration statutes not to apply: Referral of the Dispute 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.
11.7 Costs: The parties will bear their own costs (including legal costs) and an equal share of the costs and expenses of the expert.
- GENERAL
12.1 Amendments: No:
(a) amendment to this agreement;
(b) agreement between the parties for the purpose of, or referred to in, this agreement; or
(c) consent or approval for the purposes of, or referred to in, this agreement;
is effective unless it is in writing and signed (if subclauses (a) or (b) apply) by both parties or (if subclause (c) applies) the party required to give the consent or approval.
12.2 Costs: Each party shall pay its own costs in respect of this agreement.
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NZ Gazette 2011, No 93
✨ LLM interpretation of page content
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Agreement between Meridian Energy Limited and Genesis Power Limited
(continued from previous page)
🏗️ Infrastructure & Public WorksElectricity Industry Act 2010, Power Stations, Tekapo A, Tekapo B, Ancillary Equipment Fee, Bill Rate, Business Day, Commencement Date, Electricity Fee, GST, Meridian’s Standard Terms and Conditions, Sale and Purchase Agreement, Subsidiary, Summer, Tekapo A Power Station, Tekapo B Power Station, Wind Data, Wind Data Fee, Winter, Facsimile, Email, Addresses, Expert Determination, Good Faith Discussion