10. AMENDMENT AND WAIVER
The terms of this Agreement may be waived, altered or amended only by way of an instrument in writing duly approved and executed by each party and with the consent of the Operator, where applicable.
11. GOVERNING LAW AND DISPUTE RESOLUTION
11.1 The validity, performance, construction, and effect of this Agreement shall be governed by and construed in accordance with the laws of the Kingdom of Thailand.
11.2 Any dispute, controversy or claims arising between the Parties out of or in relation to this Agreement, or breach of this Agreement, including, without limitation, any question relative to its interpretation, performance, validity, effectiveness and the termination of the rights or obligations of any Party, shall be settled amicably by the Parties wherever practicable. If such dispute cannot be resolved amicably by the Parties within 30 days after one Party notifies the other Parties of a dispute, then such dispute shall be settled exclusively and finally by arbitration in Bangkok, Thailand in accordance with the rules of the Thai Arbitration Institute, Office of the Judicial in force at the time the dispute arose (“TAI”), and the arbitration shall be conducted in English.
11.3 Pending the submission to arbitration and until the board of arbitration publishes its award, the parties shall, except in the event of termination of this Agreement, continue to perform all of their obligations under this Agreement, without prejudice to a final adjustment in accordance with any award given.
11.4 No Party shall be entitled to commence or initiate any action in a court of law upon any matter in dispute arising from and in relation to this Agreement, except for the enforcement of an arbitral award granted pursuant to this Article 11.
11.5 Each Party shall bear their own attorney’s fees and related costs in connection with the arbitration until the decision of the arbitrator has been made, and the fees charged by the arbitrators and the expenses of such arbitration shall be borne in such a manner as may be specified in their decision.
11.6 The provisions contained in this Article 11 will survive the termination and/or expiration of this Agreement.