trading blackout period under
applicable rules, regulations or policies of, the US Securities and Exchange
Commission, the New York Stock Exchange or another exchange or regulatory
authority to which the Contractor or any of its sub-contractors (as the case may
be) is subject.
48.
GENERAL RECORD KEEPING AND REPORTING
48.1
ACKNOWLEDGEMENT
The Contractor acknowledges that:
(A)
IT WILL COMPLY WITH ANY OBLIGATIONS IMPOSED UPON IT UNDER
ANY PUBLIC INFORMATION ACT;
(B)
THE PRINCIPAL IS BOUND TO COMPLY WITH, AMONGST OTHER THINGS,
THE PUBLIC INFORMATION ACTS; AND
(C)
IT WILL, UPON REQUEST BY THE PRINCIPAL, ASSIST AND
CO-OPERATE WITH THE PRINCIPAL IN RESPECT OF ANY REQUEST MADE, OR OTHER ACTION
REQUIRED TO BE TAKEN BY THE PRINCIPAL UNDER A PUBLIC INFORMATION ACT IN RELATION
TO THE PROJECT.
48.2
CONTRACTOR TO CO-OPERATE
If a request is made of the Contractor in accordance with clause 48.1(c), the
Contractor will:
(A)
ENSURE THAT ALL DOCUMENTATION IT PROVIDES TO THE PRINCIPAL
IS IN A FORMAT ACCESSIBLE TO, AND ABLE TO BE READ AND INTERPRETED BY THE
PRINCIPAL; AND
(B)
ENSURE THAT THE PRINCIPAL IS GIVEN ACCESS TO ANY EMPLOYEES,
CONTRACTORS OR REPRESENTATIVES OF THE CONTRACTOR FOR THE PURPOSES OF SATISFYING
THE REQUEST, INCLUDING WITHOUT LIMITATION BY PROCURING THAT SUCH PERSONS:
(I)
ATTEND INTERVIEWS;
(II)
GIVE EVIDENCE IN COURT AT THE REQUEST OF THE PRINCIPAL; AND
(C)
PROVIDE ALL OTHER REASONABLE ASSISTANCE IN RELATION TO ANY
REQUEST.
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49.
DISPUTE RESOLUTION PROCEDURES
49.1
GENERAL
(A)
IF ANY DISPUTE OR DIFFERENCE ARISES BETWEEN THE PARTIES AS
TO ANY FACT, MATTER OR THING ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT
OR THE PROJECT, EITHER PARTY MAY GIVE TO THE OTHER PARTY A NOTICE ADEQUATELY
IDENTIFYING THE MATTERS THE SUBJECT OF THE DISPUTE OR DIFFERENCE TOGETHER WITH
DETAILED PARTICULARS OF IT AND THAT DISPUTE OR DIFFERENCE WILL BE REFERRED TO
THE DISPUTE PANEL.
(B)
FOR THE AVOIDANCE OF DOUBT, A PARTY HAS THE RIGHT TO REFER
ANY DISPUTE OR DIFFERENCE BETWEEN THE PARTIES AS TO ANY FACT, MATTER OR THING
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PROJECT IRRESPECTIVE
OF WHETHER ANY CLAUSE DEALING WITH THE AREA OF DISPUTE SPECIFICALLY REFERS TO
THE DISPUTE RESOLUTION PROCEDURES.
(C)
DESPITE THE EXISTENCE OF A DISPUTE BETWEEN THE PARTIES:
(I)
THE CONTRACTOR MUST CONTINUE TO CARRY OUT THE WORK;
(II)
EACH PARTY MUST OTHERWISE COMPLY WITH ITS OBLIGATIONS UNDER
THIS AGREEMENT; AND
(III)
EACH PARTY'S RIGHTS UNDER THIS AGREEMENT WILL NOT BE
AFFECTED.
(D)
EXCEPT WHERE A PARTY SEEKS URGENT INTERLOCUTORY RELIEF
(INCLUDING INTERIM INJUNCTIONS), EACH PARTY MAY NOT COMMENCE COURT PROCEEDINGS
RELATING TO THIS AGREEMENT BEFORE IT HAS COMPLIED WITH THE DISPUTE RESOLUTION
PROCEDURES.
(E)
TO THE EXTENT THAT A PARTY IS SUCCESSFUL IN A DISPUTE, THE
UNSUCCESSFUL PARTY WILL PAY THE SUCCESSFUL PARTY'S COSTS INCURRED IN RESOLVING
THE DISPUTE, CALCULATED FROM THE DATE THE DISPUTE IS REFERRED TO THE PROJECT
CONTROL GROUP UNDER CLAUSE 49.2(E)(III), OR TO THE CHIEF EXECUTIVE OFFICERS
UNDER CLAUSE 49.2(E)(IV), UNTIL THE DATE THE DISPUTE IS RESOLVED IN ACCORDANCE