COMMERCIAL SERVICES KENT LIMITED

30 days from date of receipt of a correct and valid invoice

30. Dispute Resolution Procedure

30.1 The parties shall attempt to resolve any disputes (other than those relating to the termination of this Agreement in whole or in part) arising under or in relation to this Agreement by initially following the Escalation Procedure, in the event the Escalation Procedure fails to achieve agreement or in exceptional circumstances the relevant Authority reserves the right to refer the matter to the Dispute Resolution Procedure identified below.

30.2 If the parties have failed to resolve a dispute by following the Escalation Procedure, then the Authority’s authorised representative and the Supplier’s Managing Director shall hold formal discussions during a period of twenty (20) Working Days to attempt to resolve the dispute in good faith. If the Authority’s authorised representative and the Supplier’s Managing Director determine in good faith that resolution through continued discussions does not appear likely within such twenty (20) working day period, then the parties will attempt to settle the dispute by mediation in accordance with the Centre for Effective Dispute Resolution’s (CEDR’s) Model Mediation Procedure.

30.3 The specific format for the discussions shall be determined at the discretion of the parties, but may include the preparation of agreed statements of fact or written statements of position.

30.4 Proposals and information exchanged during the informal proceedings described in this clause between the parties shall be privileged, confidential and without prejudice to a party’s legal position in any formal proceedings. All such proposals and information, as well as any conduct during such proceedings, shall be considered settlement discussions and proposals, and shall be inadmissible in any subsequent proceedings.

30.5 In the event that the parties fail to agree the resolution of the dispute at the end of the mediation, either party may then invoke legal proceedings to seek determination of the dispute.

30.6 The parties agree that they shall not commence legal proceedings until the Dispute Resolution Procedure has been exhausted.

30.7 The Supplier shall continue to provide the Product and/ or Services in accordance with the terms of this Agreement until a dispute has been resolved.

30.8 Nothing in this Dispute Resolution Procedure shall prevent the parties from seeking from any court of the competent jurisdiction an interim order restraining the other party from doing any act or compelling the other party to do any act.