Common use of Determination of Liability Clause in Contracts

Determination of Liability. In the event of an Incident involving the Access Holder or any other event which results or could result in a Claim by or against the Access Holder or Aurizon Network, liability as between the Access Holder and Aurizon Network is determined, for the purposes of clauses 20 and 21.3: (a) as agreed between the Parties; (b) subject to clause 22.1(c), failing such agreement within one Month of either Party giving notice to the other requiring agreement on liability, by a loss adjuster appointed under clause 22.2; or (c) where the amount of the Claim exceeds $200,000 and either Party is dissatisfied with the report of the loss adjuster, by a court of competent jurisdiction.

Determination of Liability. ‌ In the event of an Incident involving the Access Holder or any other event which results or could result in a Claim by or against the Access Holder or Aurizon Network, liability as between the Access Holder and Aurizon Network is determined, for the purposes of clauses 20 24 and 21.325.3: (a) as agreed between the Parties; (b) subject to clause 22.1(c26.1(c), failing such agreement within one Month of either Party giving notice to the other requiring agreement on liability, by a loss adjuster appointed under clause 22.226.2; or (c) where the amount of the Claim exceeds $200,000 and either Party is dissatisfied with the report of the loss adjuster, by a court of competent jurisdiction.jurisdiction.‌

Determination of Liability. In the event of an Incident involving the Access Holder or any other event which results or could result in a Claim by or against the Access Holder or Aurizon Network, liability as between the Access Holder and Aurizon Network is determined, for the purposes of clauses 20 23 and 21.324.3: (a) as agreed between the Parties; (b) subject to clause 22.1(c25.1(c), failing such agreement within one Month of either Party giving notice to the other requiring agreement on liability, by a loss adjuster appointed under clause 22.225.2; or (c) where the amount of the Claim exceeds $200,000 and either Party is dissatisfied with the report of the loss adjuster, by a court of competent jurisdiction.

Determination of Liability. In the event of an Incident involving the Access Holder or any other event which results or could result in a Claim by or against the Access Holder or Aurizon Network, liability as between the Access Holder and Aurizon Network is determined, for the purposes of clauses 20 24 and 21.325.3: (a) as agreed between the Parties; (b) subject to clause 22.1(c26.1(c), failing such agreement within one Month of either Party giving notice to the other requiring agreement on liability, by a loss adjuster appointed under clause 22.226.2; or (c) where the amount of the Claim exceeds $200,000 and either Party is dissatisfied with the report of the loss adjuster, by a court of competent jurisdiction.

Determination of Liability. In the event of an Incident involving the Access Holder End User or any other event which results or could result in a Claim by or against the Access Holder End User or Aurizon Network, liability as between the Access Holder End User and Aurizon Network is determined, for the purposes of clauses 20 19 and 21.320.3: (a) as agreed between the Parties; (b) subject to clause 22.1(c21.1(c), failing such agreement within one Month of either Party giving notice to the other requiring agreement on liability, by a loss adjuster appointed under clause 22.221.2; or (c) where the amount of the Claim exceeds $200,000 and either Party is dissatisfied with the report of the loss adjuster, by a court of competent jurisdiction.

Determination of Liability. In the event of an Incident involving the Access Holder End User or any other event which results or could result in a Claim by or against the Access Holder End User or Aurizon Network, liability as between the Access Holder End User and Aurizon Network is determined, for the purposes of clauses 20 and 21.3: (a) as agreed between the Parties; (b) subject to clause 22.1(c), failing such agreement within one Month of either Party giving notice to the other requiring agreement on liability, by a loss adjuster appointed under clause 22.2; or (c) where the amount of the Claim exceeds $200,000 and either Party is dissatisfied with the report of the loss adjuster, by a court of competent jurisdiction.

Determination of Liability. In the event of an Incident involving the Access Holder or any other event which results or could result in a Claim by or against the Access Holder or Aurizon Network, liability as between the Access Holder and Aurizon Network is determined, for the purposes of clauses 20 17 and 21.318.3: (a) as agreed between the Parties; (b) subject to clause 22.1(c19.1(c), failing such agreement within one Month of either Party giving notice to the other requiring agreement on liability, by a loss adjuster appointed under clause 22.219.2; or (c) where the amount of the Claim exceeds $200,000 and either Party is dissatisfied with the report of the loss adjuster, by a court of competent jurisdiction.

Determination of Liability. In the event of an Incident involving the Access Holder End User or any other event which results or could result in a Claim by or against the Access Holder End User or Aurizon Network, liability as between the Access Holder End User and Aurizon Network is determined, for the purposes of clauses 20 1920 and 21.320.321.3: (a) as agreed between the Parties; (b) subject to clause 22.1(c21.122.1(c), failing such agreement within one Month of either Party giving notice to the other requiring agreement on liability, by a loss adjuster appointed under clause 22.221.222.2; or (c) where the amount of the Claim exceeds $200,000 and either Party is dissatisfied with the report of the loss adjuster, by a court of competent jurisdiction.

Determination of Liability. In the event of an Incident involving the Access Holder Operator or any other event which results or could result in a Claim by or against the Access Holder Operator or Aurizon Network, liability as between the Access Holder Operator and Aurizon Network is determined, for the purposes of clauses 20 28 and 21.329.3: (a) as agreed between the Parties; (b) subject to clause 22.1(c30.1(c), failing such agreement within one Month of either Party giving notice to the other requiring agreement on liability, by a loss adjuster appointed under clause 22.230.2; or (c) where the amount of the Claim exceeds $200,000 and either Party is dissatisfied with the report of the loss adjuster, by a court of competent jurisdiction.

Determination of Liability. In the event of an Incident involving the Access Holder or any other event which results or could result in a Claim by or against the Access Holder or Aurizon Network, liability as between the Access Holder and Aurizon Network is determined, for the purposes of clauses 20 2324 and 21.324.325.3: (a) as agreed between the Parties; (b) subject to clause 22.1(c25.126.1(c), failing such agreement within one Month of either Party giving notice to the other requiring agreement on liability, by a loss adjuster appointed under clause 22.225.226.2; or (c) where the amount of the Claim exceeds $200,000 and either Party is dissatisfied with the report of the loss adjuster, by a court of competent jurisdiction.