c) the Parties agree to the termination.
11.
Unless the Parties agree otherwise, if a neutral evaluator's appointment terminates, a
replacement will be appointed under Section 5 within the required time commencing
from the date of the termination of the appointment.
Communications
12.
Except with respect to administrative details or a meeting under Section 31, the Parties
will not communicate with the neutral evaluator:
a) orally except in the presence of all Parties; or
b) in writing without immediately sending a copy of that communication to all
Parties.
13.
Section 12 also applies to any communication by a neutral evaluator to the Parties.
Conduct of Neutral Evaluation
14.
The Parties will:
a) cooperate fully with the neutral evaluator;
b) comply with any requests made by the neutral evaluator as permitted or required
under this Appendix; and
c) give prompt attention to and respond to all communications from the neutral
evaluator.
15.
A neutral evaluation will be conducted only on the basis of documents submitted by the
Parties under Section 20 unless the Parties agree to, or the neutral evaluator requires,
additional submissions or other forms of evidence.
16.
If a hearing is held, the hearing must be conducted as efficiently as possible and in the
manner the neutral evaluator specifies, after consultation with the Parties.
17.
If a hearing is held, the neutral evaluator must give the Parties reasonable written notice
of the hearing date, which notice must, in any event, be not less than 7 days.
18.
No transcript or recording will be kept of a hearing, but this does not prevent a person
attending the hearing from keeping notes of the hearing.
19.
The legal rules of evidence do not apply to a neutral evaluation.
20.
Within 15 days after the appointment of a neutral evaluator, each Party must deliver to
the other Parties and to the neutral evaluator a written submission respecting the
Disagreement, including facts upon which the Parties agree or disagree, and copies of any
documents, affidavits and exhibits on which the Party relies.
21.
Within 21 days after the appointment of a neutral evaluator, a Party may submit a reply to
the submission of any other Party and, in that event, will provide copies of the reply to
the Party and the neutral evaluator.
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