If the procedure for Joint Sampling and Testing specified in Section G.3.3 is inconclusive and either the Company or the Agency refuses to request the Joint Sampling and Analysis Team to take and analyze additional samples then the dissenting Party shall invoke the requirements of this Section G.3.4 by notifying the other Party in writing. The written notification shall include the name, address and contact details of a laboratory, certified and accredited to the standards required by Section G.3.1 (the "Independent Laboratory"), that the dissenting Party proposes to employ at its sole cost to take and analyze definitive samples of Treated Water. The non-dissenting Party shall within one (1) working day from the receipt of the dissenting Party's notification give its written agreement to the engagement of the proposed Independent Laboratory or shall propose an alternative and similarly accredited laboratory to be the Independent Laboratory. If within a further two (2) working days the Company and the Agency are unable to agree on the nomination of the Independent Laboratory then the dissenting Party shall have the right to invoke the process for the independent selection of the Independent Laboratory set out in Section G.3.5.
The Independent Laboratory shall be required to immediately take a sample of Treated Water in the quantities and conditions for the analyses required to determine the concentrations of the Critical or Non-Critical Parameters whose concentration in Treated Water is contested (the "Independent Sample").
The Company and the Agency shall immediately grant the Independent Laboratory access to the Facilities for the purpose of taking the Independent Sample. The Company and the Agency may witness but shall on no account interfere with or obstruct the taking, labeling and dispatch of the Independent Sample by the Independent Laboratory for analysis. The Independent Laboratory shall be required to transmit the results of the analysis of the Independent Sample simultaneously to the Company and the Agency within one (1) working day of completion of the analysis. The results of the analysis by the Independent Laboratory shall be binding on both the Company and the Agency in the determination of whether the Treated Water is or is not compliant with the requirements of this Agreement.