Common use of Determination of Liability Clause in Contracts

Determination of Liability. In the event of an Incident involving the End User or any other event which results or could result in a Claim by or against the End User or Aurizon Network, liability as between the End User and Aurizon Network shall for the purposes of this Clause 8 be determined: (a) as agreed between the Parties; (b) failing such agreement within one (1) Month of either Party giving notice to the other requiring agreement on liability, by a loss adjuster appointed pursuant to Clause 8.8; or (c) where the amount of the Claim exceeds the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000.00) 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 End User Operator or any other event which results or could result in a Claim by or against the End User Operator or Aurizon Network, liability as between the End User Operator and Aurizon Network shall for the purposes of this Clause 8 15 be determined: (a) as agreed between the Parties; (b) failing such agreement within one (1) Month of either Party giving notice to the other requiring agreement on liability, by a loss adjuster appointed pursuant to Clause 8.815.8; or (c) where the amount of the Claim exceeds the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000.00) 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 End User Operator or any other event which results or could result in a Claim by or against the End User Operator or Aurizon QRAurizon Network, liability as between the End User Operator and Aurizon QRAurizon Network shall for the purposes of this Clause 8 15 be determined: (a) as agreed between the Parties; (b) failing such agreement within one (1) Month of either Party giving notice to the other requiring agreement on liability, by a loss adjuster appointed pursuant to Clause 8.815.8; or (c) where the amount of the Claim exceeds the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000.00) 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 End User Operator or any other event which results or could result in a Claim by or against the End User Operator, the Operator’s Customer or Aurizon QR Network, liability as between the End User Operator and Aurizon QR Network shall for the purposes of this Clause 8 14 be determined: (a) as agreed between the Parties; (b) failing such agreement within one (1) Month of either Party giving notice to the other requiring agreement on liability, by a loss adjuster appointed pursuant to Clause 8.814.8; or (c) where the amount of the Claim exceeds the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000.00) and either Party is dissatisfied with the report of the loss adjuster, by a Court of competent jurisdiction.