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14<br />

(b)<br />

shall not be varied in any way except with the written agreement of<br />

the parties.<br />

13.2 Each party shall do or cause to be done or refrain doing all such acts or<br />

things necessary to give effect to this Agreement.<br />

13.3 This Agreement may be executed in any number of counterparts and all<br />

such counterparts when executed and taken together shall constitute this<br />

Agreement.<br />

13.4 None of the terms or conditions of this Agreement, or any act, matter or<br />

'thing done under or, by virtue of this Agreement or any other agreement,<br />

instrument or document, or judgement or order of any court or judicial<br />

proceeding, shall operate as a merger of any of the rights and remedies of<br />

the parties under this Agreement, and those rights and remedies shall at all<br />

times continue in force.<br />

13.5 If any provision of this Agreement is void or voidable or unenforceable in<br />

accordance with its terms, but would not be void, voidable, unenforceable<br />

or illegal if it were read down and, it is capable of being read down, such<br />

provision shall be read down accordingly.<br />

13.6 If, notwithstanding Clause 13.5 a provision is still void, voidable,<br />

unenforceable or illegal:<br />

(a)<br />

(b)<br />

and if the provision would not be void, voidable, unenforceable or<br />

illegal if a word or words were omitted, that word or those words are<br />

hereby severed; and<br />

in any other case, the whole provision is hereby severed,<br />

and the remainder of this Agreement shall be of full force and effect.<br />

14. ARBITRATION<br />

14.1 Where a dispute arises in relation to this Agreement the complainant must<br />

set out in writing the nature of the dispute and give a notice of the dispute to<br />

the other parties.<br />

14.2 Upon a receipt of a notice of dispute given under Clause 14.1 the parties<br />

must make every reasonable effort to resolve the dispute by mutual<br />

negotiation.<br />

14.3 If the parties are unable to reach a resolution of the dispute within (7) days<br />

after the giving of the notice of dispute under Clause 14.1 either party may<br />

by notice in writing advise the other parties that it seeks to have the dispute<br />

resolved by arbitration.<br />

14.4 If within twenty-one (21) days after the date of the notice referred to in<br />

Clause 14.1 (or such other period as is agreed by the parties in writing) the<br />

dispute is not settled, the dispute must be submitted to arbitration<br />

administered by and subject to the provisions of the Rules.<br />

14.5 If within seven (7) days after the submission to arbitration the parties do not<br />

agree on an arbitrator, the President of the Australian Institute of Chartered<br />

Accountants will appoint the arbitrator ("Arbitrator') of the dispute.

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