In the event that the dispute is not settled at mediation within 28 days (or such other period as the parties agree in writing) after the appointment of the mediator, or if no mediator is appointed, then within 28 days of the referral of the dispute to mediation, then the parties are free to pursue any other procedures available at law for the resolution of the dispute. Nothing in clause 15 will prevent a party from seeking injunctive relief where damages may be an inadequate or inappropriate remedy. APPLICABLE LAW This Agreement will be governed by, and construed in accordance with, the law for the time being in force in the State or Territory in which the Institution is located and the parties submit to the jurisdiction of that State or Territory and courts entitled to hear appeals from those courts. NOTICES A notice, consent, approval or other communication (each a notice) under this Agreement must be: delivered to the party’s address;or sent by pre-paid mail to the address; or party’s transmitted by facsimile to the address. party’s A notice given by a party in accordance with this clause is treated as having been given and received: if delivered to a on the day of delivery if a business day, person’s address, otherwise on the next business day;or if sent by pre-paid mail, on the third business day after posting;or if transmitted by facsimile to a address and a correct and complete person’s transmission report is received, on the day of transmission if a business day, otherwise on the next business day. The addresses of the parties for the purposes of giving any notice are set out on the front page of this Agreement. WAIVER No right under this Agreement is waived or deemed to be waived except by notice in writing signed by the party waiving the right. A waiver by any party in respect of any breach of a condition or provision of this Agreement will not be deemed to be a waiver in respect of any other breach. Failure or delay by any party to enforce any provision of this Agreement will not be deemed to be a waiver by that party of any right in respect of any other such breach. VARIATIONS No variations of this Agreement are legally binding on any party unless evidenced in writing signed by all parties.
In the event that the dispute is not settled at mediation within 28 days (or such other period as the parties agree in writing) after the appointment of the mediator, or if no mediator is appointed, then within 28 days of the referral of the dispute to mediation, then the parties are free to pursue any other procedures available at law for the resolution of the dispute. Nothing in clause 15 will prevent a party from seeking injunctive relief where damages may be an inadequate or inappropriate remedy. APPLICABLE LAW This Agreement will be governed by, and construed in accordance with, the law for the time being in force in the State or Territory in which the Institution is located and the parties submit to the jurisdiction of that State or Territory and courts entitled to hear appeals from those courts. NOTICES A notice, consent, approval or other communication (each a notice) under this Agreement must be: delivered to the party’s address;or sent by pre-paid mail to the party’s address; or transmitted by facsimile to the party’s address. A notice given by a party in accordance with this clause is treated as having been given and received: if delivered to a person’s address, on the day of delivery if a business day, otherwise on the next business day;or if sent by pre-paid mail, on the third business day after posting;or if transmitted by facsimile to a person’s address and a correct and complete transmission report is received, on the day of transmission if a business day, otherwise on the next business day. The addresses of the parties for the purposes of giving any notice are set out on the front page of this Agreement. WAIVER No right under this Agreement is waived or deemed to be waived except by notice in writing signed by the party waiving the right. A waiver by any party in respect of any breach of a condition or provision of this Agreement will not be deemed to be a waiver in respect of any other breach. Failure or delay by any party to enforce any provision of this Agreement will not be deemed to be a waiver by that party of any right in respect of any other such breach. VARIATIONS No variations of this Agreement are legally binding on any party unless evidenced in writing signed by all parties.
5-March-2013-Collaborative-or-Cooperative-Research-Group-CTRA.docx