26. Dispute

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26.1 Subject to clause 26.3, the Parties agree not to commence any legal proceedings in respect of any dispute arising under this Agreement, which has not been resolved by informal discussion, until the procedure provided by this clause has been followed.

26.2 The Parties agree that any dispute arising during the course of this Agreement will be dealt with as follows:

the Party claiming that there is a dispute will send the other a written notice setting out the nature of the dispute;
the Parties will try to resolve the dispute through direct negotiation by persons who they have given authority to resolve the dispute;
the Parties have 10 Business Days from the receipt of the notice to reach a resolution or to agree that the dispute is to be submitted to mediation or some alternative dispute resolution procedure; and
if:
1. there is no resolution of the dispute;
2. there is no agreement on submission of the dispute to mediation or some alternative dispute resolution procedure; or
3. there is a submission to mediation or some other form of alternative dispute resolution procedure, but there is no resolution within 15 Business Days of the submission, or such extended time as the Parties may agree in writing before the expiration of the 15 Business Days,

26.3 This clause 26 does not apply to the following circumstances, where:

either Party commences legal proceedings for urgent interlocutory relief;
action is taken by the Commonwealth under, or purportedly under, clauses 2, 12, 17 or 19;
an authority of the Commonwealth, a State or Territory is investigating a breach or suspected breach of the law by Diabetes Australia.

26.4 Despite the existence of a dispute, both Parties must (unless requested in writing by the other Party not to do so) continue to perform obligations under this Agreement.

26.5 The operation of this clause 26 survives the expiration or earlier termination of this Agreement.

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