"GDPR" the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council); “Good Industry Practice” the exercise of that degree of skill, diligence, prudence, risk management, quality management and foresight which would reasonably and ordinarily be expected from a skilled and experienced person or entity engaged in the provision of goods and/or services similar to those detailed in the Requirements under the same or similar circumstances as those applicable to the Contract, including in accordance with any codes of practice published by relevant trade associations; “Goods” the goods, if any, that the Contractor is required to supply and, if applicable, install under the Contract; "Information" has the meaning given under section 84 of FOIA; “Insolvency means each and any of the following in relation to the Contractor: (i) the Contractor commences negotiations with all or any of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with any of its creditors other than (being a company) for the sole purpose of a scheme for a solvent amalgamation of the Contractor with one or more other companies or the solvent reconstruction of the Contractor; (ii) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the Contractor (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of the Contractor with one or more other companies or the solvent reconstruction of the Contractor; (iii) an application is made to court, or an order is made, for the appointment of an administrator, or if a notice of intention to appoint an administrator is given or if an administrator is appointed, over the Contractor (being a company); (iv) the holder of a qualifying floating charge over the assets of the Contractor (being a company) has become entitled to appoint or has appointed an administrative receiver; (v) a person becomes entitled to appoint a receiver over all or any of the assets of the Contractor or a receiver is appointed over all or any of the assets of the Contractor; (vi) the Contractor (being an individual) is the subject of a bankruptcy petition or order;
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.