Liability for wrongful suspension Clause Samples

Liability for wrongful suspension. Where Aurizon Network suspends some or all of the End User's Access Rights or an Operator’s rights under a Train Operations Agreement, Aurizon Network will be liable to the End User in respect of loss or damage (including damages for Consequential Loss arising from the suspension) if, and only if: (a) no reasonable person in Aurizon Network's position could have formed the view that the stated grounds for the suspension existed (Aurizon Network shall bear the burden of establishing that a reasonable person in Aurizon Network's position could have formed that view); and (b) where the suspension is of an Operator’s rights under a Train Operations Agreement, the End User's loss or damage is not, and has not been, included in a claim under the relevant Train Operations Agreement; and provided that the End User must use all reasonable endeavours to mitigate the loss or damage arising from the suspension.