Consequences of Inspection or Audit. Unless otherwise agreed, where a Party requires the conduct of an inspection or an audit under Clauses 11(f) or 12.2(a)(ii) of this Agreement, that Party will be liable to the other Party in respect of loss or damage (including damages for Consequential Loss) arising from the conduct of the inspection or audit if, and only if, no reasonable person in the position of the Party who required the conduct of the inspection or audit could have formed the view that the stated grounds for such inspection or audit existed, provided that the other Party must use all reasonable endeavours to mitigate the loss or damage arising from the conduct of the inspection or audit. The Party who required the conduct of the inspection or audit shall bear the burden of establishing that a reasonable person in its position could have formed that view.
Consequences of Inspection or Audit. (a) Unless otherwise agreed, where a Party requires the conduct of an inspection or an audit under Clauses 12(f) or 13.2(a)(ii) of this Agreement, that Party will be liable to the other Party in respect of loss or damage (including damages for Consequential Loss) arising from the conduct of the inspection or audit if, and only if, no reasonable person in the position of the Party who required the conduct of the inspection or audit could have formed the view that the stated grounds for such inspection or audit existed, provided that the other Party must use all reasonable endeavours to mitigate the loss or damage arising from the conduct of the inspection or audit. The Party who required the conduct of the inspection or audit shall bear the burden of establishing that a reasonable person in its position could have formed that view.
(b) Notwithstanding clause 13.8(a), Aurizon Network will not be liable to the Operator for any loss or damage (including damages for Consequential Loss) arising from the Operator's liability to the End User in connection with the inspection or audit.
Consequences of Inspection or Audit. (a) Unless otherwise agreed, where a Party requires the conduct of an inspection or an audit under clause 26.2(b), 26.3(a)(ii) or 26.3(a)(iii), that Party is liable to the other Party in respect of loss or damage (including damages for Consequential Loss) suffered or incurred by the other Party arising from the conduct of the inspection or audit if, and only if, no reasonable person in the position of the Party who required the conduct of the inspection or audit could have formed the view that the stated grounds for such inspection or audit existed, provided that the other Party must use all reasonable endeavours to mitigate the loss or damage arising from the conduct of the inspection or audit.
(b) The Party who required the conduct of the inspection or audit bears the burden of establishing that a reasonable person in its position could have formed that view.
(c) Notwithstanding clauses 26.9(a) and 26.9(b), Aurizon Network will not be liable to the Operator for any third party claims (including a claim for Consequential Loss), made against the Operator in relation to an inspection or audit where the third party is the End User and the End User has a direct contractual relationship with Aurizon Network in respect to the Access Rights to which the inspection or audit relates.
Consequences of Inspection or Audit. Deleted: 1.1.1(a)
Consequences of Inspection or Audit. Unless otherwise agreed, where a Party requires the conduct of an inspection or an audit under Clauses 11(f) or 12.2(a)(ii) of this Agreement, that Party will be liable for damages (including damages for Consequential Loss) to the other Party in respect of loss or damage arising from the conduct of the inspection or audit if, and only if, no reasonable person in the position of the Party who required the conduct of the inspection or audit could have formed the view that the stated grounds for such inspection or audit existed (such circumstances being referred to as the “Liability
