8.3 This condition does not apply to the service of proceedings or other documents in a dispute. For the purposes of this clause, the “letter” does not include e-mails and, for the avoidance of doubt, the notice under this contract is not validly served if it is sent by e-mail. The successful fruit party in a proceeding is generally entitled to have its costs paid by the losing party. Consequently, the Tribunal`s ability to take into account tenders “without reservation” has a significant impact on the exercise of the Tribunal`s discretion in the award of costs as well as on the management of disputes by the parties and on their willingness to try to resolve the dispute. This means that there is an element of protection for the parties to the dispute when they open discussions without prejudice. (It is also known as “protection from prejudice” or “privilege from prejudice.”) All discussions conducted under the guise of such protection or privilege shall be confidential between the parties. Where the terms of a sale or new lease are agreed “subject to the contract” or where an offer is accepted on the basis of a “contractual subject-matter”, the terms “contrasting” mean that the parties are not legally bound until the performance of a contract. Even though the parties have agreed on terms, the issue is in fact still under negotiation. In addition, any party may terminate the transaction without any liability. . such buyer may withdraw or withdraw all or part of any relevant notice, claim or election, without prejudice to its future acts and rights, from time to time other than written notice to the company.
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