Tower Technology Dispute Resolution Policy
1. For any dispute arising under any contractual arrangement, the Parties agree that its representatives will, at all times, act with complete propriety, fairly and in accordance with the highest professional standards. Both parties agree to deal with claims promptly and act ethically and cooperatively to resolve disputes.
2. For any dispute arising under a Contract both Tower Technology and the Customer agree to comply with (a) to (f) of this clause sequentially:
a. both Parties will try to settle the dispute by direct negotiation;
b. If not resolved within 5 days, the party claiming that there is a dispute under a Contract will give the other party a Notice setting out the nature of the dispute and propose a solution. The date the dispute Notice is issued will be the Notice Date.
c. Within ten (10) business days of the Notice Date, Managers from each side will nominate a more senior representative (Representative) who has not had prior direct involvement in the dispute. Unless the proposed solution is acceptable to both Representatives, the Representatives will meet within ten (10) business days of the Notice Date and try to settle the dispute by direct negotiation.
d. Failing settlement within twenty (20) business days of the Notice Date, unless the parties agree to continue the mediation process for a further period agreed by the parties, the Customer will, without delay, refer the dispute to an appropriately qualified mediator agreed by both Parties. If the parties are not able to agree on a mediator, the Customer will refer the dispute to the chairperson of an accredited mediation organisation to appoint a mediator, for mediation to commence within thirty (30) business days of the Notice Date or such other period as agreed by the parties.
e. For the mediation process, both parties agree to appoint nominees who are available to attend the mediation as a priority activity and have the authority to bind the relevant party. The nominees must act in good faith to genuinely attempt to resolve the dispute.
f. If the dispute is not resolved within sixty (60) business days of the Notice Date, either the Supplier or the Customer may commence legal proceedings or, by agreement, continue the mediation process for a period agreed by the parties.
3. The costs of a mediator will be shared equally between the parties. Tower and the Customer will otherwise each bear their own costs associated with the dispute resolution.
4. Despite the existence of a dispute, Tower will (unless requested in writing by the Customer not to do so) continue its performance under the Contract.
5. This procedure for dispute resolution does not apply to action relating to legal proceedings for urgent interlocutory relief.