Determination of Liability. In the event of an Incident involving the Operator or any other event which results or could result in a Claim by or against the Operator or QR Network, liability as between the Operator and QR Network shall for the purposes of this Clause 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 15.8; 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.
Appears in 5 contracts
Samples: Train Operations Agreement, Train Operations Agreement, Train Operations Agreement
Determination of Liability. In the event of an Incident involving the Operator End User or any other event which results or could result in a Claim by or against the Operator End User or QR Network, liability as between the Operator End User and QR Network shall for the purposes of this Clause 15 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 15.88.8; 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.
Appears in 4 contracts
Samples: End User Access Agreement, End User Access Agreement, End User Access Agreement
Determination of Liability. In the event of an Incident involving the Operator or any other event which results or could result in a Claim by or against the Operator or QR Network, liability as between the Operator and QR Network shall for the purposes of this Clause 15 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 15.814.8; or
(c) where the amount of the Claim exceeds the sum of TWO ONE HUNDRED THOUSAND DOLLARS ($200,000.00) and 100,000.00)and either Party is dissatisfied with the report of the loss adjuster, by a Court of competent jurisdiction.
Appears in 1 contract
Samples: Coal Access Agreement
Determination of Liability. In the event of an Incident involving the Operator or any other event which results or could result in a Claim by or against the Operator or QR Network, liability as between the Operator and QR Network shall for the purposes of this Clause 15 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 15.814.8; or
(c) where the amount of the Claim exceeds the sum of TWO ONE HUNDRED THOUSAND DOLLARS ($200,000.00100,000.00) and either Party is dissatisfied with the report of the loss adjuster, by a Court of competent jurisdiction.
Appears in 1 contract
Samples: Access Agreement
Determination of Liability. In the event of an Incident involving the Operator End User or any other event which results or could result in a Claim by or against the Operator End User or QR Network, liability as between the Operator End User and QR Network shall for the purposes of this Clause 15 9 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 15.89.8; 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.
Appears in 1 contract
Samples: End User Access Agreement
Determination of Liability. In the event of an Incident involving the Operator or any other event which results or could result in a Claim by or against the Operator or QR NetworkQR, liability as between the Operator and QR Network shall for the purposes of this Clause 15 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 15.814.8; or
(c) where the amount of the Claim exceeds the sum of TWO ONE HUNDRED THOUSAND DOLLARS ($200,000.00100,000.00) and either Party is dissatisfied with the report of the loss adjuster, by a Court of competent jurisdiction.
Appears in 1 contract
Samples: Operator Access Agreement
Determination of Liability. In the event of an Incident involving the Operator or any other event which results or could result in a Claim by or against the Operator or QR Network, liability as between the Operator and QR Network shall for the purposes of this Clause 15 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 15.814.8; or
(c) where the amount of the Claim exceeds the sum of TWO ONE HUNDRED THOUSAND DOLLARS ($200,000.00100,000) and either Party is dissatisfied with the report of the loss adjuster, by a Court of competent jurisdiction.
Appears in 1 contract
Samples: Access Agreement