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arbitrator shall be appointed by the Parties or, failing agreement within 5 Business Days of service of

the date of reference to arbitration, shall be appointed at the request of either Party by the president or vice-president for the time being of the Auckland District Law Society. The arbitration shall be conducted as soon as possible in accordance with, and subject to the provisions of, the arbitration statutes for the time being in force in New Zealand.

    • 7.8

      Correspondence: Any correspondence from a Scheme Member to the Company or the Board concerning the Options shall be delivered or posted to the registered office of the Company or to such other address as may be notified by the Board in writing. Any correspondence from the Company or the Board to a Scheme Member concerning the Options shall be delivered to the Scheme Member or posted to the Scheme Member’s last known residential address.

    • 7.9

      Employment: If a Scheme Member is an Employee, he or she acknowledges in acceptance of an offer of Options that nothing in the Scheme or issue of the Options is relevant to his or her employment terms.

    • 7.10

      Employment Rights: A Scheme Member waives any rights to compensation or damages in consequence of the termination of his or her employment (if any) with the Company or any Subsidiary for any reason whatsoever insofar as those rights arise, or may arise, from his or her ceasing to be entitled to any Options as a result of such termination.

8. Notices

8.1

Method of Delivery: Any notice or other communications required or permitted under this Scheme and any Rules shall be sufficiently given if in writing and personally delivered or sent by facsimile, post, or by

courier, addressed, if to the Company, as follows, or to such other address as the Company shall have given notice of under this Scheme:

If to the Company: Address:

Pumpkin Patch Limited 439 East Tamaki Road East Tamaki Auckland

Telephone number:

09 274 7088

Facsimile number:

09 274 1122

Attention:

Managing Director

    • 8.2

      Change of Details: The notice details given in clause 8.1 may be varied by the Company as appropriate at any time by notice given in accordance with that clause.

    • 8.3

      Receipt: Any notice or demand given by either party to the other shall be conclusively deemed to be received by the intended recipient:

      • 8.3.1

        in the case of delivery by hand, when actually delivered;

      • 8.3.2

        in the case of delivery by post, on the third Business Day after posting;

      • 8.3.3

        in the case of facsimile, on the Business Day on which it is despatched or, if despatched on a Non- Business Day or after 5pm (in the place of receipt) on a Business Day, on the next Business Day after the date of despatch.

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