Determination of Liability. In the event of an Incident involving the Access Holder or Operator or any other event which results or could result in a Claim by or against the Access Holder, Operator or QR, liability as between the Access Holder and QR shall for the purposes of this Clause 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 14.8; or (c) where the amount of the Claim exceeds the sum of ONE HUNDRED THOUSAND DOLLARS ($100,000.00) and either Party is dissatisfied with the report of the loss adjuster, by a Court of competent jurisdiction.
Appears in 4 contracts
Samples: Access Agreement, Access Agreement, Access Agreement
Determination of Liability. In the event of an Incident involving the Access Holder or Operator or any other event which results or could result in a Claim by or against the Access Holder, Operator or QRQR Network, liability as between the Access Holder and QR Network shall for the purposes of this Clause 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 14.8; or
(c) where the amount of the Claim exceeds the sum of ONE TWO HUNDRED THOUSAND DOLLARS ($100,000.00200,000.00) and either Party is dissatisfied with the report of the loss adjuster, by a Court of competent jurisdiction.
Appears in 3 contracts
Samples: Access Agreement, Access Agreement, Access Agreement
Determination of Liability. In the event of an Incident involving the Access Holder or Operator or any other event which results or could result in a Claim by or against the Access HolderOperator, Operator the Operator’s Customer or QRQR Network, liability as between the Access Holder Operator and QR Network shall for the purposes of this Clause 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 14.8; or
(c) where the amount of the Claim exceeds the sum of ONE TWO HUNDRED THOUSAND DOLLARS ($100,000.00200,000.00) 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