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(e) his decision is to be final and binding on the Owner and the Promoter unless manifestly incorrect on a point of law; and
(f) his fees including those of his appointment are to be borne between the Owner and the Promoter as he determines or in the absence of a determination shared equally between the Owner and the Promoter.
11.4 Owner’s and Promoter’s Solicitors
11.4.1 If the Owner’s Solicitors shall for any reason cease to be capable of performing or to perform any of its functions hereunder or the Owner wishes to replace them then the Owner shall as soon as reasonably possible, appoint another person or firm to replace the same and shall notify the other Parties hereto in writing of the identity of such replacement.
11.4.2 If the Promoter’s Solicitors shall for any reason cease to be capable of performing or to perform any of its functions hereunder or the Promoter wish to replace them then the Promoter shall as soon as reasonably possible, appoint another person or firm to replace the same and shall notify the other Parties hereto in writing of the identity of such replacement.
11.4.3 Until such time as either:
(a)
(b)
(c)
another person or firm has been so appointed and notification thereof has been received by the other Parties; or
the Owner has notified the Promoter that the Owner’s Solicitors are no longer instructed by the Owner; or
the Promoter has notified the Owner that the Promoter’s Solicitors are no longer instructed by the Promoter
the relevant provisions of this Agreement shall apply in relation to the
person or firm appointed prior to such further appointment or notification.
12 NON-MERGER
The provisions of this Agreement shall remain in full force and effect to the extent that they remain to be performed after completion of any Sale.
13 NO PARTNERSHIP OR AGENCY
Nothing in this Agreement is intended to constitute or may be interpreted as constituting a partnership between the Parties or constitute one Party the agent of the other Party. The Parties are not to do or allow anything to be done by which one Party is or may be represented as the partner or agent of the other Party.
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/Users/georgegriffiths/Library/Containers/com.apple.mail/Data/Library/Mail Downloads/6663C249-66B1-4856-B8AF-3D567A64A39C/Promotion Agreement (engrossment) (JMW).doc