to intervene and direct some form of resolution, in which case the parties will be bound by that resolution; or to mediate and recommend some form of non-binding resolution; the parties will cooperate fully with any process instigated under clause 13.1.2.e in order to achieve a speedy resolution; and if: a resolution is not reached within twenty (20) Business Days the dispute is referred to an independent third person in accordance with clause 13.1.2.e; or if no agreement as to an independent third person or resolution of dispute is reached following thirty (30) Business Days commencing on the nomination of a representative in accordance with clause 13.1.2.c, either party may commence legal proceedings. 13.2 Costs 13.2.1 Each party will bear its own costs of complying with this clause 13 and the parties will bear equally the cost of any third person engaged under clause 13.1.2.e. 13.3 Continued performance 13.3.1 Despite the existence of a dispute, the Participant will (unless requested in writing by the Commonwealth not to do so) continue to perform any obligations under this Deed. 13.4 Exemption 13.4.1 This clause 13 does not apply to: action by either party under or purportedly under any clause relating to termination, whether for convenience or for default; action relating to removal of the Participant from the MUL for or legal proceedings by either party seeking urgent interlocutory relief. 14. Insurance 14.1.1 In connection with the provision of the Services the Service Provider must effect and maintain, with a reputable insurance company, and enforceable insurance policies as set out below from the Operative Date until the termination of the Deed (except in the case of professional indemnity insurance which must be maintained until the expiration of one (1) year after the termination of the Deed): public liability insurance for an amount not less than $5 million per occurrence;
to intervene and direct some form of resolution, in which case the parties will be bound by that resolution; or to mediate and recommend some form of non-binding resolution; the parties will cooperate fully with any process instigated under clause 13.1.2.e in order to achieve a speedy resolution; and if: a resolution is not reached within twenty (20) Business Days the dispute is referred to an independent third person in accordance with clause 13.1.2.e; or if no agreement as to an independent third person or resolution of dispute is reached following thirty (30) Business Days commencing on the nomination of a representative in accordance with clause 13.1.2.c, either party may commence legal proceedings. 13.2 Costs 13.2.1 Each party will bear its own costs of complying with this clause 13 and the parties will bear equally the cost of any third person engaged under clause 13.1.2.e. 13.3 Continued performance 13.3.1 Despite the existence of a dispute, the Participant will (unless requested in writing by the Commonwealth not to do so) continue to perform any obligations under this Deed. 13.4 Exemption 13.4.1 This clause 13 does not apply to: action by either party under or purportedly under any clause relating to termination, whether for convenience or for default; action relating to removal of the Participant from the MUL for or legal proceedings by either party seeking urgent interlocutory relief. 14. Insurance 14.1.1 In connection with the provision of the Services the Service Provider must effect and maintain, with a reputable insurance company, and enforceable insurance policies as set out below from the Operative Date until the termination of the Deed (except in the case of professional indemnity insurance which must be maintained until the expiration of one (1) year after the termination of the Deed): public liability insurance for an amount not less than $5 million per occurrence;
afi-part-2-assurance-reviewer-services-mul-deed.docx