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Document Revision Date 140715
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.
10.2
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.
10.3
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.
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.