On payment or credit by the New Distributor or @ (the Purchaser) to the Distributor of the amount paid or owed, the Distributor will at its own expense and risk deliver the Unsold Stock promptly to the Purchaser or its nominee. If any Unsold Stock acquired by the Purchaser from the Distributor is old, soiled or damaged, the amount to be paid or credited by the Purchaser will be a fair price not exceeding the amount at which those items were invoiced to the Distributor. If the New Distributor or @ does not purchase any part of the Unsold Stock the Distributor may sell that Unsold Stock but, in doing so, must not advertise or sell in any manner which may adversely affect the reputation of @ or the Products and, in particular, the Distributor will not auction or discount any part of the Unsold Stock.
If negotiations do not resolve any dispute to the reasonable satisfaction of both parties, then each party will nominate one senior officer as its representative. These representatives will, within 30 days of a written request by either party to call such a meeting, meet in person in Hobart, Australia and will attempt in good faith to resolve the dispute.
If the dispute cannot be resolved by such senior managers in such meeting, the parties will, if requested in writing by any party, meet in Hobart, Australia within 30 days after written notification with an impartial mediator and consider dispute resolution alternatives other than litigation. If an alternative method of dispute resolution is not agreed upon within 30 days after the mediation, any party may begin litigation proceedings.