5.1  No litigation or arbitration

(a)  Consistent with the commitment made by the Participants under clause 4.5 and subject to clause 5.3, the Participants agree that there will be no litigation or arbitration between them arising out of or in connection with this Agreement. The Participants must use their best endeavours to avoid issues arising as between each other and, to the extent an issue arises, must resolve the issue internally and otherwise comply with the procedure for the resolution of issues set out in Schedule 14.

(b)  The Participants agree that, subject to the exceptions listed in clause 5.3, a failure by a Participant to perform any obligation or to discharge any duty under, or arising out of or in connection with this Agreement, or which is otherwise an obligation to or duty owed to another Participant however arising, does not give rise to any enforceable right or obligation at law or in equity and, to the extent that it does, the other Participants release and hold harmless that Participant from any consequences at law or in equity for that failure.