Common use of Determination of Liability Clause in Contracts

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

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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

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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

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