Dispute resolution

38.1 Any dispute arising between the parties out of or in connection with the Contract shall be dealt with in accordance with the provisions of this clause 38. 

38.2 The dispute resolution process may be initiated at any time by either party serving a notice in writing on the other party that a dispute has arisen. The notice shall include reasonable information as to the nature of the dispute. 

38.3 The parties shall use all reasonable endeavours to reach a negotiated resolution through the following procedure: 

38.3.1 Within 5 Business Days of service of the notice, the contract managers of each of the parties shall meet to discuss the dispute and attempt to resolve it. 

38.3.2 If the dispute has not been resolved within 5 Business Days of the first meeting of the contract managers, then the matter shall be referred to the chief executives, (or persons of equivalent seniority) of each of the parties. The chief executives, (or persons of equivalent seniority) shall meet within 5 Business Days to discuss the dispute and attempt to resolve it. 

38.4 Until the parties have completed the steps referred to in clause 38.3, and have failed to resolve the dispute, neither party shall commence formal legal proceedings except that either party may at any time seek urgent interim relief from the courts.