Common use of Discrimination Dispute Clause in Contracts

Discrimination Dispute. (a) This clause 19.9 applies in respect of a Discrimination Dispute. (b) If a Discrimination Dispute is not resolved in accordance with determine whether or not the Landholder complied with the relevant Non-Discrimination Provision. (c) If it is agreed or determined through the Dispute resolution process that the Landholder failed to comply with a Non-Discrimination Provision, the Landholder must, as soon as reasonably practicable after such agreement or determination (and, in any event, within ten Business Days), exercise the relevant right, power or discretion in a manner that complies with the Non-Discrimination Provision (having regard to the agreement or determination, as applicable). (d) Despite a Discrimination Dispute, the exercise of the relevant right, power or discretion by the Landholder which is the subject of the Discrimination Dispute is taken to be valid unless and until: (i) it is agreed or determined through the Dispute resolution process under this clause 19 that the Landholder failed to comply with the Non-Discrimination Provision; and (ii) the Landholder has, in accordance with clause 19.9(c), exercised the relevant right, power or discretion in a manner that complies with the Non-Discrimination Provision.

Discrimination Dispute. (a) This clause 19.9 16.9 applies in respect of a Discrimination Dispute. (b) If a Discrimination Dispute is not resolved in accordance with clause 16.3 the Discrimination Dispute must be referred to an Expert to determine whether or not the Landholder Aurizon complied with the relevant Non-Discrimination Provision. (c) If it is agreed or determined through the Dispute resolution process that the Landholder Aurizon failed to comply with a the relevant Non-Discrimination Provision, the Landholder Aurizon must, as soon as reasonably practicable after such agreement or determination (and, in any event, within ten Business Days), exercise the relevant right, power or discretion in a manner that complies with the relevant Non-Discrimination Provision (having regard to the agreement or determination, as applicable). (d) Despite a Discrimination Dispute, the exercise of the relevant right, power or discretion by the Landholder Aurizon which is the subject of the Discrimination Dispute is taken to be valid unless and until: (i) it is agreed or determined through the Dispute resolution process under this clause 19 16 that the Landholder Aurizon failed to comply with the Non-Discrimination Provision; and (ii) the Landholder Aurizon has, in accordance with clause 19.9(c16.9(c), exercised the relevant right, power or discretion in a manner that complies with the relevant Non-Discrimination Provision.