3212 the venue of the sole expert conciliation or

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32.12 The venue of the sole expert, conciliation or arbitration proceedings pursuant to this Article, unless the Parties agree otherwise, shall be New Delhi, India and shall be conducted in the English language. Insofar as practicable, the Parties shall continue to implement the terms of this Contract notwithstanding the initiation of proceedings before a sole expert, conciliator or arbitral tribunal and any pending claim or dispute. 32.13 The fees and expenses of a sole expert or conciliator appointed by the Parties shall be borne equally by the Parties. The cost and expenses of arbitrator appointed by a Party in accordance with the provision of this Article shall be borne by the respective Party and the cost and expenses of third arbitrator and other incidental expenditure in relation to arbitration and liability thereof shall be at the discretion of the arbitrators. 32.14 Notwithstanding anything contrary contained herein above, in the event of dispute among Government Company (ies) and with the Government, such disputes shall be settled in accordance with guidelines issued on the subject by Government from time to time. ARTICLE 33
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65 CHANGE OF STATUS OF COMPANIES 33.1 Subject to the terms of this Article and other terms of the Contract, any Member comprising the Contractor may enter into transaction which may result in change in the management or control of a Company(ies) or the relationship with any guarantor of the Company(ies) with the prior written consent of the Government and compliance of Article 27.2 provided that the Government is satisfied regarding: (a). Technical and Financial strength of the new Company; (b). Details of shareholders agreement; (c). Composition of Board of Directors consequent upon such transaction;
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66 ARTICLE 34 ENTIRE AGREEMENT, AMENDMENTS, WAIVER AND MISCELLANEOUS 34.1 This Contract supersedes and replaces any previous agreement or understanding between the Parties, whether oral or written, on the subject matter hereof, prior to the execution date of this Contract. 34.2 This Contract shall not be amended, modified, varied or supplemented in any respect except by an instrument in writing signed by all the Parties, which shall state the date upon which the amendment or modification shall become effective. 34.3 No waiver by any Party of any one or more obligations or defaults by any other Party in the performance of this Contract shall operate or be construed as a waiver of any other obligations or defaults whether of a like or of a different character. 34.4 The provisions of this Contract shall inure to the benefit of and be binding upon the Parties and their permitted assigns and successors in interest. 34.5 In the event of any conflict between any provisions in the main body of this Contract and any provision in the Appendices, the provision in the main body shall prevail.
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