1 Subject to either party’s rights and remedies under and in accordance with the contracted Agreement, prior to initiating any proceedings in the English courts, the parties agree to follow the procedure set out in this document to settle all disputes in relation to any Agreements ("Disputes"). In particular, the Customer shall not contact any person other than those referred to below either within Easynet Connect or any of its Affiliates in relation to Disputes. Either party may trigger the application of this document by serving notice in writing of any such Dispute (setting out in reasonable detail the nature of the Dispute) ("Dispute Notice"). In the case of Dispute Notices to be sent to Easynet Connect at Chancellor House, 5 Thomas More Square, London, E1W 1YW. All such Dispute Notices shall be marked for the attention of the Account Manager.
2 On receipt of a Dispute Notice, where any Dispute arises which remains unresolved the Dispute shall be escalated for resolution in accordance with the escalation levels, timeframes and personnel, in respect of Easynet Connect as set out in the table below and in respect of the Customer as may be provided by the Customer from time to time, provided that if any named contact is no longer employed by the relevant party then such named contact shall be replaced by a suitable replacement as notified in writing to the other party. If agreement cannot be reached within the timeframes specified below, the Dispute shall automatically escalate to the next level referred to below:
If a Dispute remains unresolved after a period of fifteen (15) Business Days after the service of a Dispute Notice, either party shall be free to pursue whatever remedies are available to them at law.
3 All rights of the parties in respect of the Dispute shall be and remain fully reserved, and the entire procedure involving authorised representatives of the parties as set out in the table at Clause 2 shall be strictly confidential and shall be conducted "without prejudice" to any subsequent proceedings.
4 If a Dispute is resolved pursuant to this document, the Customer and Easynet Connect shall create a written memorandum of their agreement in relation to the Dispute which shall be signed by both the Customer and Easynet Connect and following which the parties shall, as soon as reasonably practicable, execute such documents and do such things as may be necessary to give effect to such agreement.
5 Clauses 1 to 5 will not prevent either party from:
5.1 seeking injunctive relief in the case of any breach or threatened breach by the other of any obligation of confidentiality or any infringement by the other of the first-named party's Intellectual Property rights; or
5.2 commencing any proceedings where this is reasonably necessary to avoid any loss of a claim due to the rules on limitation of actions.