If the relevant Dispute remains unresolved within 2 Working Days of its referral to the Level 2 representatives the Dispute will be referred to the Level 3 representatives for resolution. If negotiations fail to resolve such Dispute the parties will attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (“CEDR”) model mediation procedure, as amended from time to time. To initiate mediation a party shall give notice in writing (a Notice”) to the “Mediation other party requesting mediation of the dispute and shall send a copy thereof to CEDR asking CEDR to nominate a mediator in the event that the parties shall not be able to agree such appointment by negotiation. The mediation shall commence within 28 days of the Mediation Notice being served. Neither party will terminate such mediation until each party has made its opening presentation and the mediator has met each party separately for at least one hour. Thereafter paragraph 9 (or equivalent paragraph in any post-2014 Edition) of the CEDR model mediation procedure will apply. Neither party will commence legal proceedings against the other until thirty days after such mediation of the dispute in question has failed to resolve the dispute. The dispute resolution procedure set out in this condition 29 will not prevent the affected from: seeking injunctive relief in the case of any breach or threatened breach by the other party of any obligation of confidentiality or any infringement by the other party to the Contract of the affected party’s Intellectual Property Rights; or commencing any proceedings where this is reasonably necessary to avoid any loss of a claim due to the rules on limitation of actions. The authorised representatives are as follows: LEVEL AUTHORITY CONTRACTOR LEVEL 1 Authorised Officer Contract Manager LEVEL 2 Head of Strategic Sourcing Assistant Director or equivalent Director of Change and Commercial Director or equivalent 3 Delivery CHOICE OF LAW AND JURISDICTION Subject to condition 29, the parties accept the non-exclusive jurisdiction of the English courts and agree that the Contract is to be governed and construed according to English law.
If the relevant Dispute remains unresolved within 2 Working Days of its referral to the Level 2 representatives the Dispute will be referred to the Level 3 representatives for resolution. If negotiations fail to resolve such Dispute the parties will attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (“CEDR”) model mediation procedure, as amended from time to time. To initiate mediation a party shall give notice in writing (a “Mediation Notice”) to the other party requesting mediation of the dispute and shall send a copy thereof to CEDR asking CEDR to nominate a mediator in the event that the parties shall not be able to agree such appointment by negotiation. The mediation shall commence within 28 days of the Mediation Notice being served. Neither party will terminate such mediation until each party has made its opening presentation and the mediator has met each party separately for at least one hour. Thereafter paragraph 9 (or equivalent paragraph in any post-2014 Edition) of the CEDR model mediation procedure will apply. Neither party will commence legal proceedings against the other until thirty days after such mediation of the dispute in question has failed to resolve the dispute. The dispute resolution procedure set out in this condition 29 will not prevent the affected from: seeking injunctive relief in the case of any breach or threatened breach by the other party of any obligation of confidentiality or any infringement by the other party to the Contract of the affected party’s Intellectual Property Rights; or commencing any proceedings where this is reasonably necessary to avoid any loss of a claim due to the rules on limitation of actions. The authorised representatives are as follows: LEVEL AUTHORITY CONTRACTOR LEVEL 1 Authorised Officer Contract Manager LEVEL 2 Head of Strategic Sourcing Assistant Director or equivalent 3 Director of Change and Commercial Delivery Director or equivalent CHOICE OF LAW AND JURISDICTION Subject to condition 29, the parties accept the non-exclusive jurisdiction of the English courts and agree that the Contract is to be governed and construed according to English law.
NHSBSA%20T%26Cs%20Goods%20and%20or%20Services%20v2.0%2008062018.docx