money by the Tenant because of any cause beyond the reasonable control of the party affected

thereby which prevents the performance by such party of any obligation hereunder and not

caused by its default and not avoidable by the exercise of reasonable effort including, without

limitation, strikes, labour disturbances, civil disturbance, acts, orders, legislation, regulations or

directives of any government or public authority, acts of a public enemy, war, riot, sabotage,

earthquake, fire, storm, hurricane, flood, explosion or act of God, it shall be deemed not to be

a default in the performance of such obligation and any period for the performance of such

obligation shall be extended accordingly and the other party to this lease shall not be entitled to

compensation for any inconvenience, nuisance or discomfort thereby occasioned.

15.08

",

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Dispute Resolution

Any controversy, question, claim or other dispute arising out of or relating to this

lease (a "Dispute") which are not resolved in the first instance by negotiation in good faith

between the parties within two business days of the Dispute arising, shall be resolved by either

party giving written notice to the other that the Dispute is to be submitted to arbitration in

accordance with this paragraph. For any Dispute submitted to arbitration, the following

provisions shall apply:

(a)

(d)

(e)

(f)

(g)

(h)

'r

the arbitration tribunal shall consist of one arbitrator appointed by mutual

agreement of the Landlord and the Tenant or in the event of failure to agree

within 10 business days following delivery of the written notice to arbitrate, any

party may apply to a judge of the Superior Court of Justice (Ontario) to appoint

an arbitrator. The arbitrator shall be qualified by education and training to pass

upon the particular matter to be decided;

II

II

il R .

:i'

(b)

the submissions of each party shall be in writing, and provided to the arbitrator

and the other party within 2 business days of the dispute being submitted to

arbitration;

(c)

the arbitration shall take place in Hamilton, Ontario;

the arbitrator will make a decision and advise both the parties in writing of the

decision no later than 15 business days following the day on which the written

submissions are provided to the arbitrator;

the costs of the arbitration shall be borne equally by the parties except that each

party will pay its own legal expenses unless the arbitrator rules otherwise;

the parties shall co-operate promptly and in good faith with the arbitrator to

provide full disclosure of information relevant to the dispute;

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the arbitration award shall be given in writing and shall be final and binding on

the parties, not subject to any appeal except as set out in the Arbitration Act, 1991

(Ontario), and shall deal with the questions of costs of arbitration and all related

matters; .

all Disputes referred to arbitration (including the scope of the agreement to

arbitrate, any statute of limitations, set-off claims, conflict of laws rules, torts

claims and interest claims) shall be governed by the substantive law of Ontario;

(i)

The arbitrator shall make such other rules of procedure, evidence and other

matters for an arbitration as are reasonable having regard to the timing

requirements set out herein;

McC;tIrthy Tetrault TDO-RED #8106942 Iv. 8