Document ID: chunk:federal_register_of_legislation:F2014L01684:reg:10:p26
Version: federal_register_of_legislation:F2014L01684
Segment Type: reg
Provision Reference: reg 10 (pt 26/32)
Character Range: 100385–103313

submitted to some alternative dispute resolution mechanism as may be agreed in writing between the Parties.

       27.3 Notwithstanding the existence of a dispute, each Party shall continue to perform its obligations under this Deed.

       27.4 A Party may commence court proceedings relating to any dispute arising from this Deed at any time where that Party seeks urgent interlocutory relief.

      28. Variation of Deed

       28.1 This Deed shall not be varied except by agreement in writing signed by the Parties to this Deed.

      29. Assignment

       29.1 A Party may not assign in whole or in part this Deed without the prior written consent of the other Parties.

      30. Waiver

       30.1 The failure of a Party to enforce any of its rights under this Deed shall in no way be interpreted as a waiver of its rights under this Deed.

      31. Entire Agreement

       31.1 This Deed constitutes the entire agreement between the Parties and supersedes all prior representations, statements, understandings, or agreements, whether verbal or in writing, relating to the subject matter of this Deed.

      32. Subcontracting

       32.1 The Registrar may not subcontract any part of the provision of the Registration Services apart from:
          (a) providing communications and mailings to cabling providers of information relevant to their registration; and
          (b) maintenance of the Database;
      without the prior written approval of the ACMA.

       32.2 If the ACMA consents to work being performed by a subcontractor the Registrar:
          (a) is in no way relieved from performing its obligations under this Deed;
          (b) must ensure that the subcontractor is aware of the provisions of this Deed relevant to the work to be performed by the subcontractor; and
          (c) must include a right of termination of the kind in clause 25.

       32.3 The ACMA has the power to reasonably request withdrawal and replacement of any subcontractor.

      33. Applicable Law and Jurisdiction

       33.1 This Deed shall be subject to and construed in accordance with the laws in force in the Australian Capital Territory.

       33.2 The parties to this Deed submit to the jurisdiction of the Supreme Court of the Australian Capital Territory and the Federal Court of Australia.

      34. Conflict of Interest

       34.1 The Registrar warrants that, to the best of its knowledge and after making diligent inquiries, at the date of execution of this Deed no Conflict of Interest exists or is likely to arise in the performance of its obligations under this Deed.

       34.2 The Registrar must promptly notify the ACMA if a Conflict of Interest arises, or appears likely to arise, during the course of this Deed, and must take any action directed by the ACMA to avoid or minimise such conflict.

      35. Survival of Clauses

       35.1 If this Deed is terminated for any