Grantham Commercial Tender

9

Force Majeure

9.2.1 For the purposes of this agreement ‘Force Majeure’ means an event outside of the reasonable control of a party affecting its obligations under this agreement.

9.2.2

If either party is affected by a Force Majeure it shall promptly notify the other party in writing, keep that other party updated of the Force Majeure and its impact.

9.2.3

A Force Majeure shall not entitle either party to terminate this agreement and neither party shall be in breach of this agreement, or otherwise liable to the other, by reason of any delay in performance, or non performance of any of its obligations due to Force Majeure.

10

Disputes

10.1

Where the Agent is a partner or director of a firm and is a Member of the RICS there shall be an internal complaints handling facility within the firm, in accordance with the regulations and bye-laws of the RICS. If the dispute is not resolved internally, the matter may be referred, on the agreement of both parties, to mediation by a Member of the Royal Institution of Chartered Surveyors' accredited mediators panel or; where no agreement is reached as to the mediator to be appointed, to a mediator to be appointed by the President of the Royal Institution of Chartered Surveyors. If the dispute is not referred, or is not resolved by mediation, then the matter must go for final resolution by a third party. For the purpose of satisfying the RICS regulations the matter may be referred by either party for determination by a single arbitrator to be appointed by the parties or, in default of agreement within 21 days of the dispute being notified by one party to the other, to be appointed by the President or Vice President for the time being of the Royal Institution of Chartered Surveyors.

10.2

10.3

11

Entire Agreement

11.1

These Terms of Engagement including Appendix A and the Agreement:

a. comprise the whole agreement between the parties at the date thereof and supersede any prior agreement between them, but without prejudice to any rights which may have accrued under the terms of any prior agreement to either party; b. apply subject to any subsequent variations which are agreed in writing between the parties.

Document Revision Date 140715