Common use of Loss Adjuster Clause in Contracts

Loss Adjuster. Subject to Clause 16.1, where a matter is to be referred to a loss adjuster in accordance with Clause 8.7 then the following provisions of this Clause shall apply: (a) The loss adjuster shall be appointed by the Parties, or in default of such appointment within fourteen (14) days after the need to appoint a loss adjuster, by the President of The Chartered Institute of Loss Adjusters Australasian Division. (b) In any event, the loss adjuster shall: (i) be a Fellow of the Australasian Institute of Chartered Loss Adjusters or have equivalent qualifications and experience; (ii) have no interest or duty which conflicts or may conflict with his function as a loss adjuster, he being required to fully disclose any such interest or duty before his appointment; and (iii) not be an employee of the End User, any Operator or Aurizon Network or of a Related Body Corporate of any of them. (c) The loss adjuster appointed pursuant to this Clause 8.8 shall not be permitted to act until he has given written notice of the acceptance of his appointment to both Parties. (d) Any loss adjuster appointed pursuant to this Clause 8.8 shall be required to undertake to keep confidential all matters coming to his knowledge by reason of his appointment and the performance of his duties. (e) Any person nominated as a loss adjuster hereunder shall be deemed to be and shall act as an expert and not an arbitrator and the law relating to arbitration including without limitation, the Commercial Arbitration Act 1990 (Qld) shall not apply to him or his determination or the procedures by which he may reach his determination. (f) Each Party must ensure to the best of its ability that the loss adjuster is given the opportunity to interview any employee, agent or contractor (including employees, agents or contractors of an Operator) involved in or with knowledge of the Incident or event giving rise to the Claim or with any other relevant information that may be of use to the loss adjuster. (g) Each Party must make available to the loss adjuster any files, documents, data, recordings or other information that may be of use to, or is requested by, the loss adjuster for the purposes of his investigation. (h) The loss adjuster will determine the quantum of the relevant Claim and the liability of the End User and/or Aurizon Network in respect of such Claim and shall provide a copy of his report on such matters to each of the Parties within a reasonable time after his appointment. (i) In the absence of manifest error, the decision of the loss adjuster shall be final and binding upon the Parties where the total claims arising from the Incident or event giving rise to the Claim are equal to or less than the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000.00).

Loss Adjuster. Subject to Clause 16.123, where a matter is to be referred to a loss adjuster in accordance with Clause 8.7 15.7 then the following provisions of this Clause shall apply: (a) The loss adjuster shall be appointed by the Parties, or in default of such appointment within fourteen (14) days after the need to appoint a loss adjuster, by the President of The Chartered Institute of Loss Adjusters Australasian Division. (b) In any event, the loss adjuster shall: (i) be a Fellow of the Australasian Institute of Chartered Loss Adjusters or have equivalent qualifications and experience; (ii) have no interest or duty which conflicts or may conflict with his function as a loss adjuster, he being required to fully disclose any such interest or duty before his appointment; and (iii) not be an employee of the Operator, the End User, any Operator User or Aurizon Network or of a Related Body Corporate of any of them. (c) The loss adjuster appointed pursuant to this Clause 8.8 15.8 shall not be permitted to act until he has given written notice of the acceptance of his appointment to both Parties. (d) Any loss adjuster appointed pursuant to this Clause 8.8 15.8 shall be required to undertake to keep confidential all matters coming to his knowledge by reason of his appointment and the performance of his duties. (e) Any person nominated as a loss adjuster hereunder shall be deemed to be and shall act as an expert and not an arbitrator and the law relating to arbitration including without limitation, the Commercial Arbitration Act 1990 (Qld) ), shall not apply to him or his determination or the procedures by which he may reach his determination. (f) Each Party must ensure to the best of its ability that the loss adjuster is given the opportunity to interview any employee, agent or contractor (including employees, agents or contractors of an Operator) involved in or with knowledge of the Incident or event giving rise to the Claim or with any other relevant information that may be of use to the loss adjuster. (g) Each Party must make available to the loss adjuster any files, documents, data, recordings or other information that may be of use to, or is requested by, the loss adjuster for the purposes of his investigation. (h) The loss adjuster will determine the quantum of the relevant Claim and the liability of the End User Operator and/or Aurizon Network in respect of such Claim and shall provide a copy of his report on such matters to each of the Parties within a reasonable time after his appointment. (i) In the absence of manifest error, the decision of the loss adjuster shall be final and binding upon the Parties where the total claims arising from the Incident or event giving rise to the Claim are equal to or less than the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000.00).

Loss Adjuster. ‌ Subject to Clause 16.1clause 36, where a matter is to be referred to a loss adjuster in accordance with Clause 8.7 then the following provisions of this Clause shall applyclause 26.1: (a) The the loss adjuster shall adjuster: (i) must be appointed by the Parties, or ; or (ii) in default of such appointment within fourteen (14) days 10 Business Days after the need to appoint a loss adjuster, is to be nominated at either Party’s request by the President of The Chartered Australasian Institute of Chartered Loss Adjusters Australasian Division.Adjusters;‌ (b) In any event, if the loss adjuster shallis to be nominated under clause 26.2(a)(ii) and the President of The Australasian Institute of Chartered Loss Adjusters declines to nominate a person as the loss adjuster but provides a list of people that could be appointed as the loss adjuster, then: (i) the first person specified in that list will be taken to be nominated as the loss adjuster; (ii) if the first person specified in that list does not accept the appointment as the loss adjuster, the next person specified in that list will be taken to be the first person specified in that list and will be nominated as the loss adjuster; and‌ (iii) the process specified in clause 26.2(b)(ii) will apply to the next and each subsequent person specified in that list until a person that is taken to be nominated as the loss adjuster accepts the appointment as the loss adjuster; (c) the Parties must comply with, and do all things necessary to satisfy and give effect to, the reasonable requirements of an agreed or nominated loss adjuster (including providing relevant indemnities and paying any charges or fees (which charges or fees will be borne equally by the Parties)) that must be satisfied or complied with as a condition of the President of The Australasian Institute of Chartered Loss Adjusters agreeing to nominate a loss adjuster; (d) the loss adjuster must: (i) be a Fellow of the Australasian Institute of Chartered Loss Adjusters or have equivalent qualifications and experience; (ii) have no interest or duty which conflicts or may conflict with his the loss adjuster’s function as a loss adjuster, he adjuster (the loss adjuster being required to fully disclose any such interest or duty before his their appointment); and (iii) not be be, or have been in the last five years, an employee of an Operator, the End User, any Operator Access Holder or Aurizon Network or of a Related Body Corporate of any of them.; (ce) The the loss adjuster appointed pursuant to under this Clause 8.8 shall clause 26.2: (i) is not be permitted to act until he the loss adjuster has given written notice of the acceptance of his the appointment to both Parties.; (dii) Any loss adjuster appointed pursuant to this Clause 8.8 shall be is required to undertake to keep confidential all matters coming to his the loss adjuster’s knowledge by reason of his their appointment and the performance of his their duties.; and (eiii) Any person nominated as a loss adjuster hereunder shall be is deemed to be and shall act as an expert and not an arbitrator arbitrator, and the law Law relating to arbitration arbitration, including without limitation, the Commercial Arbitration Act 1990 2013 (Qld) shall ), does not apply to him the loss adjuster or his their determination or the procedures by which he they may reach his a determination. (f) Each Party must ensure to the best of its ability that the loss adjuster is given the opportunity to interview any employee, agent or contractor (including employees, agents or contractors of an Operator) involved in or with knowledge of the Incident or event giving rise to the Claim or with any other relevant information that may be of use to the loss adjuster. (g) Each Party must make available to the loss adjuster any files, documents, data, recordings or other information that may be of use to, or is requested by, the loss adjuster for the purposes of his investigation. (h) The loss adjuster will determine the quantum of the relevant Claim and the liability of the End User and/or Aurizon Network in respect of such Claim and shall provide a copy of his report on such matters to each of the Parties within a reasonable time after his appointment. (i) In the absence of manifest error, the decision of the loss adjuster shall be final and binding upon the Parties where the total claims arising from the Incident or event giving rise to the Claim are equal to or less than the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000.00).

Loss Adjuster. Subject to Clause 16.1, where a matter is to be referred to a loss adjuster in accordance with Clause 8.7 then the following provisions of this Clause shall apply: (a) The loss adjuster shall be appointed by the Parties, or in default of such appointment within fourteen (14) days after the need to appoint a loss adjuster, by the President of The Chartered Institute of Loss Adjusters Australasian Division. (b) In any event, the loss adjuster shall: (i) be a Fellow of the Australasian Institute of Chartered Loss Adjusters or have equivalent qualifications and experience; (ii) have no interest or duty which conflicts or may conflict with his function as a loss adjuster, he being required to fully disclose any such interest or duty before his appointment; and (iii) not be an employee of the End User, any Operator or Aurizon QR Network or of a Related Body Corporate of any of them. (c) The loss adjuster appointed pursuant to this Clause 8.8 shall not be permitted to act until he has given written notice of the acceptance of his appointment to both Parties. (d) Any loss adjuster appointed pursuant to this Clause 8.8 shall be required to undertake to keep confidential all matters coming to his knowledge by reason of his appointment and the performance of his duties. (e) Any person nominated as a loss adjuster hereunder shall be deemed to be and shall act as an expert and not an arbitrator and the law relating to arbitration including without limitation, the Commercial Arbitration Act 1990 (Qld) shall not apply to him or his determination or the procedures by which he may reach his determination. (f) Each Party must ensure to the best of its ability that the loss adjuster is given the opportunity to interview any employee, agent or contractor (including employees, agents or contractors of an Operator) involved in or with knowledge of the Incident or event giving rise to the Claim or with any other relevant information that may be of use to the loss adjuster. (g) Each Party must make available to the loss adjuster any files, documents, data, recordings or other information that may be of use to, or is requested by, the loss adjuster for the purposes of his investigation. (h) The loss adjuster will determine the quantum of the relevant Claim and the liability of the End User and/or Aurizon QR Network in respect of such Claim and shall provide a copy of his report on such matters to each of the Parties within a reasonable time after his appointment. (i) In the absence of manifest error, the decision of the loss adjuster shall be final and binding upon the Parties where the total claims arising from the Incident or event giving rise to the Claim are equal to or less than the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000.00).

Loss Adjuster. Subject to Clause 16.1, where Where a matter is to be referred to a loss adjuster in accordance with Clause 8.7 14.7 then the following provisions of this Clause shall apply: (a) The loss adjuster shall be appointed by the Parties, or in default of such appointment within fourteen (14) days after the need to appoint a loss adjuster, by the President of The Chartered Institute of Loss Adjusters Australasian Division. (b) In any event, the loss adjuster shall: (i) be a Fellow of the Australasian Institute of Chartered Loss Adjusters or have equivalent qualifications and experience; (ii) have no interest or duty which conflicts or may conflict with his function as a loss adjuster, he being required to fully disclose any such interest or duty before his appointment; and (iii) not be an employee of the End UserAccess Holder, any Operator or Aurizon QR Network or of a Related Body Corporate of any of them. (c) The loss adjuster appointed pursuant to this Clause 8.8 14.8 shall not be permitted to act until he has given written notice of the acceptance of his appointment to both Parties. (d) Any loss adjuster appointed pursuant to this Clause 8.8 14.8 shall be required to undertake to keep confidential all matters coming to his knowledge by reason of his appointment and the performance of his duties. (e) Any person nominated as a loss adjuster hereunder shall be deemed to be and shall act as an expert and not an arbitrator and the law relating to arbitration including without limitation, the Commercial Arbitration Act 1990 (Qld) shall not apply to him or his determination or the procedures by which he may reach his determination. (f) Each Party must ensure to the best of its ability that the loss adjuster is given the opportunity to interview any employee, agent or contractor (including employees, agents or contractors of an the Operator) involved in or with knowledge of the Incident or event giving rise to the Claim or with any other relevant information that may be of use to the loss adjuster. (g) Each Party must make available to the loss adjuster any files, documents, data, recordings or other information that may be of use to, or is requested by, the loss adjuster for the purposes of his investigation. (h) The loss adjuster will determine the quantum of the relevant Claim and the liability of the End User Access Holder and/or Aurizon QR Network in respect of such Claim and shall provide a copy of his report on such matters to each of the Parties within a reasonable time after his appointment. (i) In the absence of manifest error, the decision of the loss adjuster shall be final and binding upon the Parties where the total claims arising from the Incident or event giving rise to the Claim are equal to or less than the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000.00).

Loss Adjuster. Subject to Clause 16.1clause 36, where a matter is to be referred to a loss adjuster in accordance with Clause 8.7 then the following provisions of this Clause shall applyclause 26.1: (a) The the loss adjuster shall adjuster: (i) must be appointed by the Parties, or ; or (ii) in default of such appointment within fourteen (14) days 10 Business Days after the need to appoint a loss adjuster, is to be nominated at either Party’s request by the President of The Chartered Australasian Institute of Chartered Loss Adjusters Australasian Division.Adjusters; (b) In any event, if the loss adjuster shallis to be nominated under clause 26.2(a)(ii) and the President of The Australasian Institute of Chartered Loss Adjusters declines to nominate a person as the loss adjuster but provides a list of people that could be appointed as the loss adjuster, then: (i) the first person specified in that list will be taken to be nominated as the loss adjuster; (ii) if the first person specified in that list does not accept the appointment as the loss adjuster, the next person specified in that list will be taken to be the first person specified in that list and will be nominated as the loss adjuster; and (iii) the process specified in clause 26.2(b)(ii) will apply to the next and each subsequent person specified in that list until a person that is taken to be nominated as the loss adjuster accepts the appointment as the loss adjuster; (c) the Parties must comply with, and do all things necessary to satisfy and give effect to, the reasonable requirements of an agreed or nominated loss adjuster (including providing relevant indemnities and paying any charges or fees (which charges or fees will be borne equally by the Parties)) that must be satisfied or complied with as a condition of the President of The Australasian Institute of Chartered Loss Adjusters agreeing to nominate a loss adjuster; (d) the loss adjuster must: (i) be a Fellow of the Australasian Institute of Chartered Loss Adjusters or have equivalent qualifications and experience; (ii) have no interest or duty which conflicts or may conflict with his the loss adjuster’s function as a loss adjuster, he adjuster (the loss adjuster being required to fully disclose any such interest or duty before his their appointment); and (iii) not be be, or have been in the last five years, an employee of an Operator, the End User, any Operator Access Holder or Aurizon Network or of a Related Body Corporate of any of them.; (ce) The the loss adjuster appointed pursuant to under this Clause 8.8 shall clause 26.2: (i) is not be permitted to act until he the loss adjuster has given written notice of the acceptance of his the appointment to both Parties.; (dii) Any loss adjuster appointed pursuant to this Clause 8.8 shall be is required to undertake to keep confidential all matters coming to his the loss adjuster’s knowledge by reason of his their appointment and the performance of his their duties.; and (eiii) Any person nominated as a loss adjuster hereunder shall be is deemed to be and shall act as an expert and not an arbitrator arbitrator, and the law Law relating to arbitration arbitration, including without limitation, the Commercial Arbitration Act 1990 2013 (Qld) shall ), does not apply to him the loss adjuster or his their determination or the procedures by which he they may reach his a determination. (f) Each Party must ensure to the best of its ability that the loss adjuster is given the opportunity to interview any employee, agent or contractor (including employees, agents or contractors of an Operator) involved in or with knowledge of the Incident or event giving rise to the Claim or with any other relevant information that may be of use to the loss adjuster. (g) Each Party must make available to the loss adjuster any files, documents, data, recordings or other information that may be of use to, or is requested by, the loss adjuster for the purposes of his investigation. (h) The loss adjuster will determine the quantum of the relevant Claim and the liability of the End User and/or Aurizon Network in respect of such Claim and shall provide a copy of his report on such matters to each of the Parties within a reasonable time after his appointment. (i) In the absence of manifest error, the decision of the loss adjuster shall be final and binding upon the Parties where the total claims arising from the Incident or event giving rise to the Claim are equal to or less than the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000.00).

Loss Adjuster. Subject to Clause 16.1, where Where a matter is to be referred to a loss adjuster in accordance with Clause 8.7 14.7 then the following provisions of this Clause shall apply: (a) The loss adjuster shall be appointed by the Parties, or in default of such appointment within fourteen (14) days after the need to appoint a loss adjuster, by the President of The Chartered Institute of Loss Adjusters Australasian Division. (b) In any event, the loss adjuster shall: (i) be a Fellow of the Australasian The Chartered Institute of Chartered Loss Adjusters or have equivalent qualifications and experience; (ii) have no interest or duty which conflicts or may conflict with his function as a loss adjuster, he being required to fully disclose any such interest or duty before his appointment; and (iii) not be an employee of the End UserAccess Holder, any Operator or Aurizon Network QR or of a Related Body Corporate of any of them. (c) The loss adjuster appointed pursuant to this Clause 8.8 14.8 shall not be permitted to act until he has given written notice of the acceptance of his appointment to both Parties. (d) Any loss adjuster appointed pursuant to this Clause 8.8 14.8 shall be required to undertake to keep confidential all matters coming to his knowledge by reason of his appointment and the performance of his duties. (e) Any person nominated as a loss adjuster hereunder shall be deemed to be and shall act as an expert and not an arbitrator and the law relating to arbitration including without limitation, the Commercial Arbitration Act 1990 (Qld) shall not apply to him or his determination or the procedures by which he may reach his determination. (f) Each Party must ensure to the best of its ability that the loss adjuster is given the opportunity to interview any employee, agent or contractor (including employees, agents or contractors of an the Operator) involved in or with knowledge of the Incident or event giving rise to the Claim or with any other relevant information that may be of use to the loss adjuster. (g) Each Party must make available to the loss adjuster any files, documents, data, recordings or other information that may be of use to, or is requested by, the loss adjuster for the purposes of his investigation. (h) The loss adjuster will determine the quantum of the relevant Claim and the liability of the End User Access Holder and/or Aurizon Network QR in respect of such Claim and shall provide a copy of his report on such matters to each of the Parties within a reasonable time after his appointment. (i) In the absence of manifest error, the decision of the loss adjuster shall be final and binding upon the Parties where the total claims arising from the Incident or event giving rise to the Claim are equal to or less than the sum of TWO ONE HUNDRED THOUSAND DOLLARS ($200,000.00100,000.00).

Loss Adjuster. Subject to Clause 16.1clause 32, where a matter is to be referred to a loss adjuster in accordance with Clause 8.7 then the following provisions of this Clause shall applyclause 22.1: (a) The the loss adjuster shall adjuster: (i) must be appointed by the Parties, or ; or (ii) in default of such appointment within fourteen (14) days 10 Business Days after the need to appoint a loss adjuster, is to be nominated at either Party’s request by the President of The Chartered Australasian Institute of Chartered Loss Adjusters Australasian Division.Adjusters; (b) In any event, if the loss adjuster shallis to be nominated under clause 22.2(a)(ii) and the President of The Australasian Institute of Chartered Loss Adjusters declines to nominate a person as the loss adjuster but provides a list of people that could be appointed as the loss adjuster, then: (i) the first person specified in that list will be taken to be nominated as the loss adjuster; (ii) if the first person specified in that list does not accept the appointment as the loss adjuster, the next person specified in that list will be taken to be the first person specified in that list and will be nominated as the loss adjuster; and (iii) the process specified in clause 22.2(b)(ii) will apply to the next and each subsequent person specified in that list until a person that is taken to be nominated as the loss adjuster accepts the appointment as the loss adjuster; (c) the Parties must comply with, and do all things necessary to satisfy and give effect to, the reasonable requirements of an agreed or nominated loss adjuster (including providing relevant indemnities and paying any charges or fees (which charges or fees will be borne equally by the Parties)) that must be satisfied or complied with as a condition of the President of The Australasian Institute of Chartered Loss Adjusters agreeing to nominate a loss adjuster; (d) the loss adjuster must: (i) be a Fellow of the Australasian Institute of Chartered Loss Adjusters or have equivalent qualifications and experience; (ii) have no interest or duty which conflicts or may conflict with his the loss adjuster’s function as a loss adjuster, he adjuster (the loss adjuster being required to fully disclose any such interest or duty before his their appointment); and (iii) not be be, or have been in the last five years, an employee of an Operator, the End User, any Operator Access Holder or Aurizon Network or of a Related Body Corporate of any of them.; (ce) The the loss adjuster appointed pursuant to under this Clause 8.8 shall clause 22.2: (i) is not be permitted to act until he the loss adjuster has given written notice of the acceptance of his the appointment to both Parties.; (dii) Any loss adjuster appointed pursuant to this Clause 8.8 shall be is required to undertake to keep confidential all matters coming to his the loss adjuster’s knowledge by reason of his their appointment and the performance of his their duties.; and (eiii) Any person nominated as a loss adjuster hereunder shall be is deemed to be and shall act as an expert and not an arbitrator arbitrator, and the law Law relating to arbitration arbitration, including without limitation, the Commercial Arbitration Act 1990 2013 (Qld) shall ), does not apply to him the loss adjuster or his their determination or the procedures by which he they may reach his a determination. (f) Each Party must ensure to the best of its ability that the loss adjuster is given the opportunity to interview any employee, agent or contractor (including employees, agents or contractors of an Operator) involved in or with knowledge of the Incident or event giving rise to the Claim or with any other relevant information that may be of use to the loss adjuster. (g) Each Party must make available to the loss adjuster any files, documents, data, recordings or other information that may be of use to, or is requested by, the loss adjuster for the purposes of his investigation. (h) The loss adjuster will determine the quantum of the relevant Claim and the liability of the End User and/or Aurizon Network in respect of such Claim and shall provide a copy of his report on such matters to each of the Parties within a reasonable time after his appointment. (i) In the absence of manifest error, the decision of the loss adjuster shall be final and binding upon the Parties where the total claims arising from the Incident or event giving rise to the Claim are equal to or less than the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000.00).

Loss Adjuster. Subject to Clause 16.123, where a matter is to be referred to a loss adjuster in accordance with Clause 8.7 15.7 then the following provisions of this Clause shall apply: (a) The loss adjuster shall be appointed by the Parties, or in default of such appointment within fourteen (14) days after the need to appoint a loss adjuster, by the President of The Chartered Institute of Loss Adjusters Australasian Division. (b) In any event, the loss adjuster shall: (i) be a Fellow of the Australasian Institute of Chartered Loss Adjusters or have equivalent qualifications and experience; (ii) have no interest or duty which conflicts or may conflict with his function as a loss adjuster, he being required to fully disclose any such interest or duty before his appointment; and (iii) not be an employee of the Operator, an End User, any Operator User or Aurizon QR Network or of a Related Body Corporate of any of them. (c) The loss adjuster appointed pursuant to this Clause 8.8 15.8 shall not be permitted to act until he has given written notice of the acceptance of his appointment to both Parties. (d) Any loss adjuster appointed pursuant to this Clause 8.8 15.8 shall be required to undertake to keep confidential all matters coming to his knowledge by reason of his appointment and the performance of his duties. (e) Any person nominated as a loss adjuster hereunder shall be deemed to be and shall act as an expert and not an arbitrator and the law relating to arbitration including without limitation, the Commercial Arbitration Act 1990 (Qld) ), shall not apply to him or his determination or the procedures by which he may reach his determination. (f) Each Party must ensure to the best of its ability that the loss adjuster is given the opportunity to interview any employee, agent or contractor (including employees, agents or contractors of an Operator) involved in or with knowledge of the Incident or event giving rise to the Claim or with any other relevant information that may be of use to the loss adjuster. (g) Each Party must make available to the loss adjuster any files, documents, data, recordings or other information that may be of use to, or is requested by, the loss adjuster for the purposes of his investigation. (h) The loss adjuster will determine the quantum of the relevant Claim and the liability of the End User Operator and/or Aurizon QR Network in respect of such Claim and shall provide a copy of his report on such matters to each of the Parties within a reasonable time after his appointment. (i) In the absence of manifest error, the decision of the loss adjuster shall be final and binding upon the Parties where the total claims arising from the Incident or event giving rise to the Claim are equal to or less than the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000.00).

Loss Adjuster. Subject to Clause 16.1, where Where a matter is to be referred to a loss adjuster in accordance with Clause 8.7 14.7 then the following provisions of this Clause shall apply: (a) The loss adjuster shall be appointed by the Parties, or in default of such appointment within fourteen (14) days after the need to appoint a loss adjuster, by the President of The Chartered Institute of Loss Adjusters Australasian Division. (b) In any event, the loss adjuster shall: (i) be a Fellow of the Australasian Institute of Chartered Loss Adjusters or have equivalent qualifications and experience; (ii) have no interest or duty which conflicts or may conflict with his function as a loss adjuster, he being required to fully disclose any such interest or duty before his appointment; and (iii) not be an employee of the End User, any Operator or Aurizon Network QR or of a Related Body Corporate of any of themeither Party. (c) The loss adjuster appointed pursuant to this Clause 8.8 14.8 shall not be permitted to act until he has given written notice of the acceptance of his appointment to both Parties. (d) Any loss adjuster appointed pursuant to this Clause 8.8 14.8 shall be required to undertake to keep confidential all matters coming to his knowledge by reason of his appointment and the performance of his duties. (e) Any person nominated as a loss adjuster hereunder shall be deemed to be and shall act as an expert and not an arbitrator and the law relating to arbitration including without limitation, the Commercial Arbitration Act 1990 (Qld) ), shall not apply to him or his determination or the procedures by which he may reach his determination. (f) Each Party must ensure to the best of its ability that the loss adjuster is given the opportunity to interview any employee, agent or contractor (including employees, agents or contractors of an Operator) involved in or with knowledge of the Incident or event giving rise to the Claim or with any other relevant information that may be of use to the loss adjuster. (g) Each Party must make available to the loss adjuster any files, documents, data, recordings or other information that may be of use to, or is requested by, the loss adjuster for the purposes of his investigation. (h) The loss adjuster will determine the quantum of the relevant Claim and the liability of the End User Operator and/or Aurizon Network QR in respect of such Claim and shall provide a copy of his report on such matters to each of the Parties within a reasonable time after his appointment. (i) In the absence of manifest error, the decision of the loss adjuster shall be final and binding upon the Parties where the total claims arising from the Incident or event giving rise to the Claim are equal to or less than the sum of TWO ONE HUNDRED THOUSAND DOLLARS ($200,000.00100,000.00).

Loss Adjuster. Subject to Clause 16.1, where a matter is to be referred to a loss adjuster in accordance with Clause 8.7 then the following provisions of this Clause shall apply: (a) The loss adjuster shall be appointed by the Parties, or in default of such appointment within fourteen (14) days after the need to appoint a loss adjuster, by the President of The Chartered Institute of Loss Adjusters Australasian Division. (b) In any event, the loss adjuster shall: (i) be a Fellow of the Australasian Institute of Chartered Loss Adjusters or have equivalent qualifications and experience; (ii) have no interest or duty which conflicts or may conflict with his function as a loss adjuster, he being required to fully disclose any such interest or duty before his appointment; and (iii) not be an employee of the End User, any Operator or Aurizon QRAurizon Network or of a Related Body Corporate of any of them. (c) The loss adjuster appointed pursuant to this Clause 8.8 shall not be permitted to act until he has given written notice of the acceptance of his appointment to both Parties. (d) Any loss adjuster appointed pursuant to this Clause 8.8 shall be required to undertake to keep confidential all matters coming to his knowledge by reason of his appointment and the performance of his duties. (e) Any person nominated as a loss adjuster hereunder shall be deemed to be and shall act as an expert and not an arbitrator and the law relating to arbitration including without limitation, the Commercial Arbitration Act 1990 (Qld) shall not apply to him or his determination or the procedures by which he may reach his determination. (f) Each Party must ensure to the best of its ability that the loss adjuster is given the opportunity to interview any employee, agent or contractor (including employees, agents or contractors of an Operator) involved in or with knowledge of the Incident or event giving rise to the Claim or with any other relevant information that may be of use to the loss adjuster. (g) Each Party must make available to the loss adjuster any files, documents, data, recordings or other information that may be of use to, or is requested by, the loss adjuster for the purposes of his investigation. (h) The loss adjuster will determine the quantum of the relevant Claim and the liability of the End User and/or Aurizon QRAurizon Network in respect of such Claim and shall provide a copy of his report on such matters to each of the Parties within a reasonable time after his appointment. (i) In the absence of manifest error, the decision of the loss adjuster shall be final and binding upon the Parties where the total claims arising from the Incident or event giving rise to the Claim are equal to or less than the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000.00).

Loss Adjuster. Subject to Clause 16.123, where a matter is to be referred to a loss adjuster in accordance with Clause 8.7 15.7 then the following provisions of this Clause shall apply: (a) The loss adjuster shall be appointed by the Parties, or in default of such appointment within fourteen (14) days after the need to appoint a loss adjuster, by the President of The Chartered Institute of Loss Adjusters Australasian Division. (b) In any event, the loss adjuster shall: (i) be a Fellow of the Australasian Institute of Chartered Loss Adjusters or have equivalent qualifications and experience; (ii) have no interest or duty which conflicts or may conflict with his function as a loss adjuster, he being required to fully disclose any such interest or duty before his appointment; and (iii) not be an employee of the Operator, the End User, any Operator User or Aurizon QR Network or of a Related Body Corporate of any of them. (c) The loss adjuster appointed pursuant to this Clause 8.8 15.8 shall not be permitted to act until he has given written notice of the acceptance of his appointment to both Parties. (d) Any loss adjuster appointed pursuant to this Clause 8.8 15.8 shall be required to undertake to keep confidential all matters coming to his knowledge by reason of his appointment and the performance of his duties. (e) Any person nominated as a loss adjuster hereunder shall be deemed to be and shall act as an expert and not an arbitrator and the law relating to arbitration including without limitation, the Commercial Arbitration Act 1990 (Qld) ), shall not apply to him or his determination or the procedures by which he may reach his determination. (f) Each Party must ensure to the best of its ability that the loss adjuster is given the opportunity to interview any employee, agent or contractor (including employees, agents or contractors of an Operator) involved in or with knowledge of the Incident or event giving rise to the Claim or with any other relevant information that may be of use to the loss adjuster. (g) Each Party must make available to the loss adjuster any files, documents, data, recordings or other information that may be of use to, or is requested by, the loss adjuster for the purposes of his investigation. (h) The loss adjuster will determine the quantum of the relevant Claim and the liability of the End User Operator and/or Aurizon QR Network in respect of such Claim and shall provide a copy of his report on such matters to each of the Parties within a reasonable time after his appointment. (i) In the absence of manifest error, the decision of the loss adjuster shall be final and binding upon the Parties where the total claims arising from the Incident or event giving rise to the Claim are equal to or less than the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000.00).

Loss Adjuster. Subject to Clause 16.123, where a matter is to be referred to a loss adjuster in accordance with Clause 8.7 15.7 then the following provisions of this Clause shall apply: (a) The loss adjuster shall be appointed by the Parties, or in default of such appointment within fourteen (14) days after the need to appoint a loss adjuster, by the President of The Chartered Institute of Loss Adjusters Australasian Division. (b) In any event, the loss adjuster shall: (i) be a Fellow of the Australasian Institute of Chartered Loss Adjusters or have equivalent qualifications and experience; (ii) have no interest or duty which conflicts or may conflict with his function as a loss adjuster, he being required to fully disclose any such interest or duty before his appointment; and (iii) not be an employee of the Operator, the End User, any Operator User or Aurizon QR Network or of a Related Body Corporate of any of them. (ci) The loss adjuster appointed pursuant to this Clause 8.8 15.8 shall not be permitted to act until he has given written notice of the acceptance of his appointment to both Parties. (d) . Any loss adjuster appointed pursuant to this Clause 8.8 15.8 shall be required to undertake to keep confidential all matters coming to his knowledge by reason of his appointment and the performance of his duties. (e) . Any person nominated as a loss adjuster hereunder shall be deemed to be and shall act as an expert and not an arbitrator and the law relating to arbitration including without limitation, the Commercial Arbitration Act 1990 (Qld) ), shall not apply to him or his determination or the procedures by which he may reach his determination. (f) . Each Party must ensure to the best of its ability that the loss adjuster is given the opportunity to interview any employee, agent or contractor (including employees, agents or contractors of an Operator) involved in or with knowledge of the Incident or event giving rise to the Claim or with any other relevant information that may be of use to the loss adjuster. (g) . Each Party must make available to the loss adjuster any files, documents, data, recordings or other information that may be of use to, or is requested by, the loss adjuster for the purposes of his investigation. (h) . The loss adjuster will determine the quantum of the relevant Claim and the liability of the End User Operator and/or Aurizon QR Network in respect of such Claim and shall provide a copy of his report on such matters to each of the Parties within a reasonable time after his appointment. (i) . In the absence of manifest error, the decision of the loss adjuster shall be final and binding upon the Parties where the total claims arising from the Incident or event giving rise to the Claim are equal to or less than the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000.00).

Loss Adjuster. Subject to Clause 16.1, where Where a matter is to be referred to a loss adjuster in accordance with Clause 8.7 14.7 then the following provisions of this Clause shall apply: (a) The loss adjuster shall be appointed by the Parties, or in default of such appointment within fourteen (14) days after the need to appoint a loss adjuster, by the President of The Chartered Institute of Loss Adjusters Australasian Division. (b) In any event, the loss adjuster shall: (i) be a Fellow of the Australasian Institute of Chartered Loss Adjusters or have equivalent qualifications and experience; (ii) have no interest or duty which conflicts or may conflict with his function as a loss adjuster, he being required to fully disclose any such interest or duty before his appointment; and (iii) not be an employee of the End UserAccess Holder, any Operator or Aurizon Network QR or of a Related Body Corporate of any of them. (c) The loss adjuster appointed pursuant to this Clause 8.8 14.8 shall not be permitted to act until he has given written notice of the acceptance of his appointment to both Parties. (d) Any loss adjuster appointed pursuant to this Clause 8.8 14.8 shall be required to undertake to keep confidential all matters coming to his knowledge by reason of his appointment and the performance of his duties. (e) Any person nominated as a loss adjuster hereunder shall be deemed to be and shall act as an expert and not an arbitrator and the law relating to arbitration including without limitation, the Commercial Arbitration Act 1990 (Qld) shall not apply to him or his determination or the procedures by which he may reach his determination. (f) Each Party must ensure to the best of its ability that the loss adjuster is given the opportunity to interview any employee, agent or contractor (including employees, agents or contractors of an the Operator) involved in or with knowledge of the Incident or event giving rise to the Claim or with any other relevant information that may be of use to the loss adjuster. (g) Each Party must make available to the loss adjuster any files, documents, data, recordings or other information that may be of use to, or is requested by, the loss adjuster for the purposes of his investigation. (h) The loss adjuster will determine the quantum of the relevant Claim and the liability of the End User Access Holder and/or Aurizon Network QR in respect of such Claim and shall provide a copy of his report on such matters to each of the Parties within a reasonable time after his appointment. (i) In the absence of manifest error, the decision of the loss adjuster shall be final and binding upon the Parties where the total claims arising from the Incident or event giving rise to the Claim are equal to or less than the sum of TWO ONE HUNDRED THOUSAND DOLLARS ($200,000.00100,000.00).

Loss Adjuster. Subject to Clause 16.1, where a matter is to be referred to a loss adjuster in accordance with Clause 8.7 then the following provisions of this Clause shall apply: (a) The loss adjuster shall be appointed by the Parties, or in default of such appointment within fourteen (14) days after the need to appoint a loss adjuster, by the President of The Chartered Institute of Loss Adjusters Australasian Division. (b) In any event, the loss adjuster shall: (i) be a Fellow of the Australasian Institute of Chartered Loss Adjusters or have equivalent qualifications and experience; (ii) have no interest or duty which conflicts or may conflict with his function as a loss adjuster, he being required to fully disclose any such interest or duty before his appointment; and (iii) not be an employee of the End User, any Operator or Aurizon Network Queensland Rail or of a Related Body Corporate of any of them. (c) The loss adjuster appointed pursuant to this Clause 8.8 shall not be permitted to act until he has given written notice of the acceptance of his appointment to both Parties. (d) Any loss adjuster appointed pursuant to this Clause 8.8 shall be required to undertake to keep confidential all matters coming to his knowledge by reason of his appointment and the performance of his duties. (e) Any person nominated as a loss adjuster hereunder shall be deemed to be and shall act as an expert and not an arbitrator and the law relating to arbitration including without limitation, the Commercial Arbitration Act 1990 (Qld) shall not apply to him or his determination or the procedures by which he may reach his determination. (f) Each Party must ensure to the best of its ability that the loss adjuster is given the opportunity to interview any employee, agent or contractor (including employees, agents or contractors of an Operator) involved in or with knowledge of the Incident or event giving rise to the Claim or with any other relevant information that may be of use to the loss adjuster. (g) Each Party must make available to the loss adjuster any files, documents, data, recordings or other information that may be of use to, or is requested by, the loss adjuster for the purposes of his investigation. (h) The loss adjuster will determine the quantum of the relevant Claim and the liability of the End User and/or Aurizon Network Queensland Rail in respect of such Claim and shall provide a copy of his report on such matters to each of the Parties within a reasonable time after his appointment. (i) In the absence of manifest error, the decision of the loss adjuster shall be final and binding upon the Parties where the total claims arising from the Incident or event giving rise to the Claim are equal to or less than the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000.00).

Loss Adjuster. Subject to Clause 16.1clause 35, where a matter is to be referred to a loss adjuster in accordance with Clause 8.7 then the following provisions of this Clause shall applyclause 25.1: (a) The the loss adjuster shall adjuster: (i) must be appointed by the Parties, or ; or (ii) in default of such appointment within fourteen (14) days 10 Business Days after the need to appoint a loss adjuster, is to be nominated at either Party’s request by the President of The Chartered Australasian Institute of Chartered Loss Adjusters Australasian Division.Adjusters; (b) In any event, if the loss adjuster shallis to be nominated under clause 25.2(a)(ii) and the President of The Australasian Institute of Chartered Loss Adjusters declines to nominate a person as the loss adjuster but provides a list of people that could be appointed as the loss adjuster, then: (i) the first person specified in that list will be taken to be nominated as the loss adjuster; (ii) if the first person specified in that list does not accept the appointment as the loss adjuster, the next person specified in that list will be taken to be the first person specified in that list and will be nominated as the loss adjuster; and (iii) the process specified in clause 25.2(b)(ii) will apply to the next and each subsequent person specified in that list until a person that is taken to be nominated as the loss adjuster accepts the appointment as the loss adjuster; (c) the Parties must comply with, and do all things necessary to satisfy and give effect to, the reasonable requirements of an agreed or nominated loss adjuster (including providing relevant indemnities and paying any charges or fees (which charges or fees will be borne equally by the Parties)) that must be satisfied or complied with as a condition of the President of The Australasian Institute of Chartered Loss Adjusters agreeing to nominate a loss adjuster; (d) the loss adjuster must: (i) be a Fellow of the Australasian Institute of Chartered Loss Adjusters or have equivalent qualifications and experience; (ii) have no interest or duty which conflicts or may conflict with his the loss adjuster’s function as a loss adjuster, he adjuster (the loss adjuster being required to fully disclose any such interest or duty before his their appointment); and (iii) not be be, or have been in the last five years, an employee of an Operator, the End User, any Operator Access Holder or Aurizon Network or of a Related Body Corporate of any of them.; (ce) The the loss adjuster appointed pursuant to under this Clause 8.8 shall clause 25.2: (i) is not be permitted to act until he the loss adjuster has given written notice of the acceptance of his the appointment to both Parties.; (dii) Any loss adjuster appointed pursuant to this Clause 8.8 shall be is required to undertake to keep confidential all matters coming to his the loss adjuster’s knowledge by reason of his their appointment and the performance of his their duties.; and (eiii) Any person nominated as a loss adjuster hereunder shall be is deemed to be and shall act as an expert and not an arbitrator arbitrator, and the law Law relating to arbitration arbitration, including without limitation, the Commercial Arbitration Act 1990 2013 (Qld) shall ), does not apply to him the loss adjuster or his their determination or the procedures by which he they may reach his a determination. (f) Each Party must ensure to the best of its ability that the loss adjuster is given the opportunity to interview any employee, agent or contractor (including employees, agents or contractors of an Operator) involved in or with knowledge of the Incident or event giving rise to the Claim or with any other relevant information that may be of use to the loss adjuster. (g) Each Party must make available to the loss adjuster any files, documents, data, recordings or other information that may be of use to, or is requested by, the loss adjuster for the purposes of his investigation. (h) The loss adjuster will determine the quantum of the relevant Claim and the liability of the End User and/or Aurizon Network in respect of such Claim and shall provide a copy of his report on such matters to each of the Parties within a reasonable time after his appointment. (i) In the absence of manifest error, the decision of the loss adjuster shall be final and binding upon the Parties where the total claims arising from the Incident or event giving rise to the Claim are equal to or less than the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000.00).

Loss Adjuster. Subject to Clause 16.1, where Where a matter is to be referred to a loss adjuster in accordance with Clause 8.7 14.7 then the following provisions of this Clause shall apply: (a) The loss adjuster shall be appointed by the Parties, or in default of such appointment within fourteen (14) days after the need to appoint a loss adjuster, by the President of The Chartered Institute of Loss Adjusters Australasian Division. (b) In any event, the loss adjuster shall: (i) be a Fellow of the Australasian Australian Institute of Chartered Loss Adjusters or have equivalent qualifications and experience; (ii) have no interest or duty which conflicts or may conflict with his function as a loss adjuster, he being required to fully disclose any such interest or duty before his appointment; and (iii) not be an employee of the End User, any Operator or Aurizon QR Network or of a Related Body Corporate of any of themeither Party. (c) The loss adjuster appointed pursuant to this Clause 8.8 14.8 shall not be permitted to act until he has given written notice of the acceptance of his appointment to both Parties. (d) Any loss adjuster appointed pursuant to this Clause 8.8 14.8 shall be required to undertake to keep confidential all matters coming to his knowledge by reason of his appointment and the performance of his duties. (e) Any person nominated as a loss adjuster hereunder shall be deemed to be and shall act as an expert and not an arbitrator and the law relating to arbitration including without limitation, the Commercial Arbitration Act 1990 (Qld) ), shall not apply to him or his determination or the procedures by which he may reach his determination. (f) Each Party must ensure to the best of its ability that the loss adjuster is given the opportunity to interview any employee, agent or contractor (including employees, agents or contractors of an Operator) involved in or with knowledge of the Incident or event giving rise to the Claim or with any other relevant information that may be of use to the loss adjuster. (g) Each Party must make available to the loss adjuster any files, documents, data, recordings or other information that may be of use to, or is requested by, the loss adjuster for the purposes of his investigation. (h) The loss adjuster will determine the quantum of the relevant Claim and the liability of the End User Operator and/or Aurizon QR Network in respect of such Claim and shall provide a copy of his report on such matters to each of the Parties within a reasonable time after his appointment. (i) In the absence of manifest error, the decision of the loss adjuster shall be final and binding upon the Parties where the total claims arising from the Incident or event giving rise to the Claim are equal to or less than the sum of TWO ONE HUNDRED THOUSAND DOLLARS ($200,000.00100,000.00).

Loss Adjuster. Subject to Clause 16.1, where a matter is to be referred to a loss adjuster in accordance with Clause 8.7 then the following provisions of this Clause shall apply: (a) The loss adjuster shall be appointed by the Parties, or in default of such appointment within fourteen (14) days after the need to appoint a loss adjuster, by the President of The Chartered Institute of Loss Adjusters Australasian Division. (b) In any event, the loss adjuster shall: (i) be a Fellow of the Australasian Institute of Chartered Loss Adjusters or have equivalent qualifications and experience; (ii) have no interest or duty which conflicts or may conflict with his function as a loss adjuster, he being required to fully disclose any such interest or duty before his appointment; and (iii) not be an employee of the End User, any Operator or Aurizon QR Network or of a Related Body Corporate of any of them. (c) The loss adjuster appointed pursuant to this Clause 8.8 shall not be permitted to act until he has given written notice of the acceptance of his appointment to both Parties. (d) Any loss adjuster appointed pursuant to this Clause 8.8 shall be required to undertake to keep confidential all matters coming to his knowledge by reason of his appointment and the performance of his duties. (ei) Any person nominated as a loss adjuster hereunder shall be deemed to be and shall act as an expert and not an arbitrator and the law relating to arbitration including without limitation, the Commercial Arbitration Act 1990 (Qld) shall not apply to him or his determination or the procedures by which he may reach his determination. (f) . Each Party must ensure to the best of its ability that the loss adjuster is given the opportunity to interview any employee, agent or contractor (including employees, agents or contractors of an Operator) involved in or with knowledge of the Incident or event giving rise to the Claim or with any other relevant information that may be of use to the loss adjuster. (g) . Each Party must make available to the loss adjuster any files, documents, data, recordings or other information that may be of use to, or is requested by, the loss adjuster for the purposes of his investigation. (h) . The loss adjuster will determine the quantum of the relevant Claim and the liability of the End User and/or Aurizon QR Network in respect of such Claim and shall provide a copy of his report on such matters to each of the Parties within a reasonable time after his appointment. (i) . In the absence of manifest error, the decision of the loss adjuster shall be final and binding upon the Parties where the total claims arising from the Incident or event giving rise to the Claim are equal to or less than the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000.00).

Loss Adjuster. Subject to Clause 16.1clause 3536, where a matter is to be referred to a loss adjuster in accordance with Clause 8.7 then the following provisions of this Clause shall applyclause 25.126.1: (a) The the loss adjuster shall adjuster: (i) must be appointed by the Parties, or ; or (ii) in default of such appointment within fourteen (14) days 10 Business Days after the need to appoint a loss adjuster, is to be nominated at either Party’s request by the President of The Chartered Australasian Institute of Chartered Loss Adjusters Australasian Division.Adjusters; (b) In any event, if the loss adjuster shallis to be nominated under clause 25.226.2(a)(ii) and the President of The Australasian Institute of Chartered Loss Adjusters declines to nominate a person as the loss adjuster but provides a list of people that could be appointed as the loss adjuster, then: (i) the first person specified in that list will be taken to be nominated as the loss adjuster; (ii) if the first person specified in that list does not accept the appointment as the loss adjuster, the next person specified in that list will be taken to be the first person specified in that list and will be nominated as the loss adjuster; and (iii) the process specified in clause 25.226.2(b)(ii) will apply to the next and each subsequent person specified in that list until a person that is taken to be nominated as the loss adjuster accepts the appointment as the loss adjuster; (c) the Parties must comply with, and do all things necessary to satisfy and give effect to, the reasonable requirements of an agreed or nominated loss adjuster (including providing relevant indemnities and paying any charges or fees (which charges or fees will be borne equally by the Parties)) that must be satisfied or complied with as a condition of the President of The Australasian Institute of Chartered Loss Adjusters agreeing to nominate a loss adjuster; (d) the loss adjuster must: (i) be a Fellow of the Australasian Institute of Chartered Loss Adjusters or have equivalent qualifications and experience; (ii) have no interest or duty which conflicts or may conflict with his the loss adjuster’s function as a loss adjuster, he adjuster (the loss adjuster being required to fully disclose any such interest or duty before his their appointment); and (iii) not be be, or have been in the last five years, an employee of an Operator, the End User, any Operator Access Holder or Aurizon Network or of a Related Body Corporate of any of them. (c) The loss adjuster appointed pursuant to this Clause 8.8 shall not be permitted to act until he has given written notice of the acceptance of his appointment to both Parties. (d) Any loss adjuster appointed pursuant to this Clause 8.8 shall be required to undertake to keep confidential all matters coming to his knowledge by reason of his appointment and the performance of his duties. (e) Any person nominated as a loss adjuster hereunder shall be deemed to be and shall act as an expert and not an arbitrator and the law relating to arbitration including without limitation, the Commercial Arbitration Act 1990 (Qld) shall not apply to him or his determination or the procedures by which he may reach his determination. (f) Each Party must ensure to the best of its ability that the loss adjuster is given the opportunity to interview any employee, agent or contractor (including employees, agents or contractors of an Operator) involved in or with knowledge of the Incident or event giving rise to the Claim or with any other relevant information that may be of use to the loss adjuster. (g) Each Party must make available to the loss adjuster any files, documents, data, recordings or other information that may be of use to, or is requested by, the loss adjuster for the purposes of his investigation. (h) The loss adjuster will determine the quantum of the relevant Claim and the liability of the End User and/or Aurizon Network in respect of such Claim and shall provide a copy of his report on such matters to each of the Parties within a reasonable time after his appointment. (i) In the absence of manifest error, the decision of the loss adjuster shall be final and binding upon the Parties where the total claims arising from the Incident or event giving rise to the Claim are equal to or less than the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000.00).;

Loss Adjuster. Subject to Clause 16.123, where a matter is to be referred to a loss adjuster in accordance with Clause 8.7 15.7 then the following provisions of this Clause shall apply: (a) The loss adjuster shall be appointed by the Parties, or in default of such appointment within fourteen (14) days after the need to appoint a loss adjuster, by the President of The Chartered Institute of Loss Adjusters Australasian Division. (b) In any event, the loss adjuster shall: (i) be a Fellow of the Australasian Institute of Chartered Loss Adjusters or have equivalent qualifications and experience; (ii) have no interest or duty which conflicts or may conflict with his function as a loss adjuster, he being required to fully disclose any such interest or duty before his appointment; and (iii) not be an employee of the Operator, the End User, any Operator User or Aurizon Network or of a Related Body Corporate of any of them. (c) The loss adjuster appointed pursuant to this Clause 8.8 15.8 shall not be permitted to act until he has given written notice of the acceptance of his appointment to both Parties. (d) Any loss adjuster appointed pursuant to this Clause 8.8 15.8 shall be required to undertake to keep confidential all matters coming to his knowledge by reason of his appointment and the performance of his duties. (e) Any person nominated as a loss adjuster hereunder shall be deemed to be and shall act as an expert and not an arbitrator and the law relating to arbitration including without limitation, the Commercial Arbitration Act 1990 (Qld) ), shall not apply to him or his determination or the procedures by which he may reach his determination. (f) Each Party must ensure to the best of its ability that the loss adjuster is given the opportunity to interview any employee, agent or contractor (including employees, agents or contractors of an Operator) involved in or with knowledge of the Incident or event giving rise to the Claim or with any other relevant information that may be of use to the loss adjuster. (g) Each Party must make available to the loss adjuster any files, documents, data, recordings or other information that may be of use to, or is requested by, the loss adjuster for the purposes of his investigation. (h) The loss adjuster will determine the quantum of the relevant Claim and the liability of the End User Operator and/or Aurizon Network in respect of such Claim and shall provide a copy of his report on such matters to each of the Parties within a reasonable time after his appointment. (i) In the absence of manifest error, the decision of the loss adjuster shall be final and binding upon the Parties where the total claims arising from the Incident or event giving rise to the Claim are equal to or less than the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000.00).the

Loss Adjuster. Subject to Clause 16.1, where Where a matter is to be referred to a loss adjuster in accordance with Clause 8.7 14.7 then the following provisions of this Clause shall apply: (a) The loss adjuster shall be appointed by the Parties, or in default of such appointment within fourteen (14) days after the need to appoint a loss adjuster, by the President of The Chartered Institute of Loss Adjusters Australasian Division. (b) In any event, the loss adjuster shall: (i) be a Fellow of the Australasian The Chartered Institute of Chartered Loss Adjusters or have equivalent qualifications and experience; (ii) have no interest or duty which conflicts or may conflict with his function as a loss adjuster, he being required to fully disclose any such interest or duty before his appointment; and (iii) not be an employee of the End User, any Operator or Aurizon QR Network or of a Related Body Corporate of any of themeither Party. (c) The loss adjuster appointed pursuant to this Clause 8.8 14.8 shall not be permitted to act until he has given written notice of the acceptance of his appointment to both Parties. (d) Any loss adjuster appointed pursuant to this Clause 8.8 14.8 shall be required to undertake to keep confidential all matters coming to his knowledge by reason of his appointment and the performance of his duties. (e) Any person nominated as a loss adjuster hereunder shall be deemed to be and shall act as an expert and not an arbitrator and the law relating to arbitration including without limitation, the Commercial Arbitration Act 1990 (Qld) ), shall not apply to him or his determination or the procedures by which he may reach his determination. (f) Each Party must ensure to the best of its ability that the loss adjuster is given the opportunity to interview any employee, agent or contractor (including employees, agents or contractors of an Operator) involved in or with knowledge of the Incident or event giving rise to the Claim or with any other relevant information that may be of use to the loss adjuster. (g) Each Party must make available to the loss adjuster any files, documents, data, recordings or other information that may be of use to, or is requested by, the loss adjuster for the purposes of his investigation. (h) The loss adjuster will determine the quantum of the relevant Claim and the liability of the End User Operator and/or Aurizon QR Network in respect of such Claim and shall provide a copy of his report on such matters to each of the Parties within a reasonable time after his appointment. (i) In the absence of manifest error, the decision of the loss adjuster shall be final and binding upon the Parties where the total claims arising from the Incident or event giving rise to the Claim are equal to or less than the sum of TWO ONE HUNDRED THOUSAND DOLLARS ($200,000.00100,000.00).

Loss Adjuster. Subject to Clause 16.1, where Where a matter is to be referred to a loss adjuster in accordance with Clause 8.7 14.7 then the following provisions of this Clause shall apply: (a) The loss adjuster shall be appointed by the Parties, or in default of such appointment within fourteen (14) days after the need to appoint a loss adjuster, by the President of The Chartered Institute of Loss Adjusters Australasian Division. (b) In any event, the loss adjuster shall: (i) be a Fellow of the The Australasian Institute of Chartered Loss Adjusters or have equivalent qualifications and experience; (ii) have no interest or duty which conflicts or may conflict with his function as a loss adjuster, he being required to fully disclose any such interest or duty before his appointment; and (iii) not be an employee of the End User, any Operator or Aurizon QR Network or of a Related Body Corporate of any of themeither Party. (c) The loss adjuster appointed pursuant to this Clause 8.8 14.8 shall not be permitted to act until he has given written notice of the acceptance of his appointment to both Parties. (d) Any loss adjuster appointed pursuant to this Clause 8.8 14.8 shall be required to undertake to keep confidential all matters coming to his knowledge by reason of his appointment and the performance of his duties. (e) Any person nominated as a loss adjuster hereunder shall be deemed to be and shall act as an expert and not an arbitrator and the law relating to arbitration including without limitation, the Commercial Arbitration Act 1990 (Qld) ), shall not apply to him or his determination or the procedures by which he may reach his determination. (f) Each Party must ensure to the best of its ability that the loss adjuster is given the opportunity to interview any employee, agent or contractor (including employees, agents or contractors of an Operator) involved in or with knowledge of the Incident or event giving rise to the Claim or with any other relevant information that may be of use to the loss adjuster. (g) Each Party must make available to the loss adjuster any files, documents, data, recordings or other information that may be of use to, or is requested by, the loss adjuster for the purposes of his investigation. (h) The loss adjuster will determine the quantum of the relevant Claim and the liability of the End User Operator and/or Aurizon QR Network in respect of such Claim and shall provide a copy of his report on such matters to each of the Parties within a reasonable time after his appointment. (i) In the absence of manifest error, the decision of the loss adjuster shall be final and binding upon the Parties where the total claims arising from the Incident or event giving rise to the Claim are equal to or less than the sum of TWO ONE HUNDRED THOUSAND DOLLARS ($200,000.00100,000.00).

Loss Adjuster. Subject to Clause 16.1, where Where a matter is to be referred to a loss adjuster in accordance with Clause 8.7 14.7 then the following provisions of this Clause shall apply: (a) The loss adjuster shall be appointed by the Parties, or in default of such appointment within fourteen (14) days after the need to appoint a loss adjuster, by the President of The Chartered Institute of Loss Adjusters Australasian Division. (b) In any event, the loss adjuster shall: (i) be a Fellow of the Australasian The Chartered Institute of Chartered Loss Adjusters or have equivalent qualifications and experience; (ii) have no interest or duty which conflicts or may conflict with his function as a loss adjuster, he being required to fully disclose any such interest or duty before his appointment; and (iii) not be an employee of the End UserAccess Holder, any Operator or Aurizon Network QR or of a Related Body Corporate of any of them. (c) The loss adjuster appointed pursuant to this Clause 8.8 14.8 shall not be permitted to act until he has given written notice of the acceptance of his appointment to both Parties. (d) Any loss adjuster appointed pursuant to this Clause 8.8 14.8 shall be required to undertake to keep confidential all matters coming to his knowledge by reason of his appointment and the performance of his duties. (e) Any person nominated as a loss adjuster hereunder shall be deemed to be and shall act as an expert and not an arbitrator and the law relating to arbitration including without limitation, the Commercial Arbitration Act 1990 (Qld) shall not apply to him or his determination or the procedures by which he may reach his determination. (f) Each Party must ensure to the best of its ability that the loss adjuster is given the opportunity to interview any employee, agent or contractor (including employees, agents or contractors of an the Operator) involved in or with knowledge of the Incident or event giving rise to the Claim or with any other relevant information that may be of use to the loss adjuster. (g) Each Party must make available to the loss adjuster any files, documents, data, recordings or other information that may be of use to, or is requested by, the loss adjuster for the purposes of his investigation. (h) The loss adjuster will determine the quantum of the relevant Claim and the liability of the End User Access Holder and/or Aurizon Network QR in respect of such Claim and shall provide a copy of his report on such matters to each of the Parties within a reasonable time after his appointment. (i) In the absence of manifest error, the decision of the loss adjuster shall be final and binding upon the Parties where the total claims arising arisin g from the Incident or event giving rise to the Claim are equal to or less than the sum of TWO ONE HUNDRED THOUSAND DOLLARS ($200,000.00100,000.00).

Loss Adjuster. Subject to Clause 16.1, where Where a matter is to be referred to a loss adjuster in accordance with Clause 8.7 clause 13.5 then the following provisions of this Clause clause shall apply: (a) The the loss adjuster shall be appointed by the Partiesparties, or in default of such appointment within fourteen (14) days 10 Business Days after the need to appoint a loss adjuster, by the President of The Chartered the Australasian Institute of Chartered Loss Adjusters Australasian Division.Adjusters; (b) In any in the event, the loss adjuster shall: (i) be a Fellow of the Australasian Institute of Chartered Loss Adjusters or have equivalent qualifications and experience; (ii) have no interest or duty which conflicts or may conflict with his function as a loss adjuster, he being required to fully full disclose any such interest or duty before his appointment; and (iii) not be an employee of the End User, any Operator or Aurizon Network RailCorp or of a Related Body Corporate related body corporate of any of them.either party; (c) The the loss adjuster appointed pursuant to this Clause 8.8 clause 13.6 shall not be permitted to act until he has given written notice of the acceptance of his appointment to both Parties.parties; (d) Any any loss adjuster appointed pursuant to this Clause 8.8 clause 13.6 shall be required to undertake to keep confidential all matters coming to his knowledge by reason of his appointment and the performance of his duties.; (e) Any any person nominated as a loss adjuster hereunder shall be deemed to be and shall act as an expert and not an arbitrator and the law relating to arbitration including without limitation, the Commercial Arbitration Act 1990 1984 (Qld) NSW), shall not apply to him or his determination or the procedures by which he may reach his determination.; (f) Each Party each party must ensure to the best of its ability that the loss adjuster is given the opportunity to interview any employee, agent Employee or contractor (including employees, agents or contractors of an Operator) Agent involved in or with knowledge of the Incident or event giving rise to resulting in the Claim or with any other relevant information that may be of use to the loss adjuster.; (g) Each Party subject to any claims for legal professional privilege, each party must promptly make available to the loss adjuster any files, documents, data, recordings recording or other information that may be of use to, or is requested by, the loss adjuster for the purposes of his investigation.; (h) The the loss adjuster will determine the quantum of the relevant Claim and the liability of the End User Rail Operator and/or Aurizon Network RailCorp in respect of such Claim claim and shall provide a copy of his report on such matters to each of the Parties parties within a reasonable time after his appointment.; (i) In in the absence of manifest error, the decision of the loss adjuster shall be final and binding upon the Parties parties where the total claims arising from the Incident or event giving rise to the Claim are equal to or less than the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000.00)[$ to be inserted ].

Loss Adjuster. Subject to Clause 16.1, where Where a matter is to be referred to a loss adjuster in accordance with Clause 8.7 then the following provisions of this Clause shall apply:with (a) The the loss adjuster shall adjuster: (i) must be appointed by the Parties, or ; or (ii) in default of such appointment within fourteen (14) days 10 Business Days after the need to appoint a loss adjuster, is to be nominated at either Party’s request by the President of The Chartered Australasian Institute of Chartered Loss Adjusters Australasian Division.Adjusters; (b) In any event, if the loss adjuster shallis to be nominated under clause 21.2(a)(ii) and the President of The Australasian Institute of Chartered Loss Adjusters declines to nominate a person as the loss adjuster but provides a list of people that could be appointed as the loss adjuster, then: (i) the first person specified in that list will be taken to be nominated as the loss adjuster; (ii) if the first person specified in that list does not accept the appointment as the loss adjuster, the next person specified in that list will be taken to be the first person specified in that list and will be nominated as the loss adjuster; and (iii) the process specified in clause 21.2(b)(ii) will apply to the next and each subsequent person specified in that list until a person that is taken to be nominated as the loss adjuster accepts the appointment as the loss adjuster; (c) the Parties must comply with, and do all things necessary to satisfy and to give effect to, the reasonable requirements of an agreed or nominated loss adjuster (including providing relevant indemnities and paying any charges or fees (which charges or fees will be borne equally by the Parties)) that must be satisfied or complied with as a condition of the President of The Australasian Institute of Chartered Loss Adjusters agreeing to nominate a loss adjuster; (d) the loss adjuster must: (i) be a Fellow of the Australasian Institute of Chartered Loss Adjusters or have equivalent qualifications and experience; (ii) have no interest or duty which conflicts or may conflict with his the loss adjuster’s function as a loss adjuster, he adjuster (the loss adjuster being required to fully disclose any such interest or duty before his their appointment); and (iii) not be be, or have been in the last five years, an employee of the End User, any Operator User or Aurizon Network or of a Related Body Corporate of any of them. (c) The loss adjuster appointed pursuant to this Clause 8.8 shall not be permitted to act until he has given written notice of the acceptance of his appointment to both Parties. (d) Any loss adjuster appointed pursuant to this Clause 8.8 shall be required to undertake to keep confidential all matters coming to his knowledge by reason of his appointment and the performance of his duties. (e) Any person nominated as a loss adjuster hereunder shall be deemed to be and shall act as an expert and not an arbitrator and the law relating to arbitration including without limitation, the Commercial Arbitration Act 1990 (Qld) shall not apply to him or his determination or the procedures by which he may reach his determination. (f) Each Party must ensure to the best of its ability that the loss adjuster is given the opportunity to interview any employee, agent or contractor (including employees, agents or contractors of an Operator) involved in or with knowledge of the Incident or event giving rise to the Claim or with any other relevant information that may be of use to the loss adjuster. (g) Each Party must make available to the loss adjuster any files, documents, data, recordings or other information that may be of use to, or is requested by, the loss adjuster for the purposes of his investigation. (h) The loss adjuster will determine the quantum of the relevant Claim and the liability of the End User and/or Aurizon Network in respect of such Claim and shall provide a copy of his report on such matters to each of the Parties within a reasonable time after his appointment. (i) In the absence of manifest error, the decision of the loss adjuster shall be final and binding upon the Parties where the total claims arising from the Incident or event giving rise to the Claim are equal to or less than the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000.00).either Party;

Loss Adjuster. Subject to Clause 16.1clause 29, where a matter is to be referred to a loss adjuster in accordance with Clause 8.7 then the following provisions of this Clause shall applyclause 19.1: (a) The the loss adjuster shall adjuster: (i) must be appointed by the Parties, or ; or (ii) in default of such appointment within fourteen (14) days 10 Business Days after the need to appoint a loss adjuster, is to be nominated at either Party’s request by the President of The Chartered Australasian Institute of Chartered Loss Adjusters Australasian Division.Adjusters; (b) In any event, if the loss adjuster shallis to be nominated under clause 19.2(a)(ii) and the President of The Australasian Institute of Chartered Loss Adjusters declines to nominate a person as the loss adjuster but provides a list of people that could be appointed as the loss adjuster, then: (i) the first person specified in that list will be taken to be nominated as the loss adjuster; (ii) if the first person specified in that list does not accept the appointment as the loss adjuster, the next person specified in that list will be taken to be the first person specified in that list and will be nominated as the loss adjuster; and (iii) the process specified in clause 19.2(b)(ii) will apply to the next and each subsequent person specified in that list until a person that is taken to be nominated as the loss adjuster accepts the appointment as the loss adjuster; (c) the Parties must comply with, and do all things necessary to satisfy and give effect to, the reasonable requirements of an agreed or nominated loss adjuster (including providing relevant indemnities and paying any charges or fees (which charges or fees will be borne equally by the Parties)) that must be satisfied or complied with as a condition of the President of The Australasian Institute of Chartered Loss Adjusters agreeing to nominate a loss adjuster; (d) the loss adjuster must: (i) be a Fellow of the Australasian Institute of Chartered Loss Adjusters or have equivalent qualifications and experience; (ii) have no interest or duty which conflicts or may conflict with his the loss adjuster’s function as a loss adjuster, he adjuster (the loss adjuster being required to fully disclose any such interest or duty before his their appointment); and (iii) not be be, or have been in the last five years, an employee of an Operator, the End User, any Operator Access Holder or Aurizon Network or of a Related Body Corporate of any of them.; (ce) The the loss adjuster appointed pursuant to under this Clause 8.8 shall clause 19.2: (i) is not be permitted to act until he the loss adjuster has given written notice of the acceptance of his the appointment to both Parties.; (dii) Any loss adjuster appointed pursuant to this Clause 8.8 shall be is required to undertake to keep confidential all matters coming to his the loss adjuster’s knowledge by reason of his their appointment and the performance of his their duties.; and (eiii) Any person nominated as a loss adjuster hereunder shall be is deemed to be and shall act as an expert and not an arbitrator arbitrator, and the law Law relating to arbitration arbitration, including without limitation, the Commercial Arbitration Act 1990 2013 (Qld) shall ), does not apply to him the loss adjuster or his their determination or the procedures by which he they may reach his a determination. (f) Each Party must ensure to the best of its ability that the loss adjuster is given the opportunity to interview any employee, agent or contractor (including employees, agents or contractors of an Operator) involved in or with knowledge of the Incident or event giving rise to the Claim or with any other relevant information that may be of use to the loss adjuster. (g) Each Party must make available to the loss adjuster any files, documents, data, recordings or other information that may be of use to, or is requested by, the loss adjuster for the purposes of his investigation. (h) The loss adjuster will determine the quantum of the relevant Claim and the liability of the End User and/or Aurizon Network in respect of such Claim and shall provide a copy of his report on such matters to each of the Parties within a reasonable time after his appointment. (i) In the absence of manifest error, the decision of the loss adjuster shall be final and binding upon the Parties where the total claims arising from the Incident or event giving rise to the Claim are equal to or less than the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000.00).

Loss Adjuster. Subject to Clause 16.1, where Where a matter is to be referred to a loss adjuster in accordance with Clause 8.7 14.7 then the following provisions of this Clause shall apply: (a) The loss adjuster shall be appointed by the Parties, or in default of such appointment within fourteen (14) days after the need to appoint a loss adjuster, by the President of The Chartered Institute of Loss Adjusters Australasian Division. (b) In any event, the loss adjuster shall: (i) be a Fellow of the Australasian Institute of Chartered Loss Adjusters or have equivalent qualifications and experience; (ii) have no interest or duty which conflicts or may conflict with his function as a loss adjuster, he being required to fully disclose any such interest or duty before his appointment; and (iii) not be an employee of the End User, any Operator or Aurizon QR Network or of a Related Body Corporate of any of themeither Party. (c) The loss adjuster appointed pursuant to this Clause 8.8 14.8 shall not be permitted to act until he has given written notice of the acceptance of his appointment to both Parties. (d) Any loss adjuster appointed pursuant to this Clause 8.8 14.8 shall be required to undertake to keep confidential all matters coming to his knowledge by reason of his appointment and the performance of his duties. (e) Any person nominated as a loss adjuster hereunder shall be deemed to be and shall act as an expert and not an arbitrator and the law relating to arbitration including without limitation, the Commercial Arbitration Act 1990 (Qld) ), shall not apply to him or his determination or the procedures by which he may reach his determination. (f) Each Party must ensure to the best of its ability that the loss adjuster is given the opportunity to interview any employee, agent or contractor (including employees, agents or contractors of an the Operator’s Customer) involved in or with knowledge of the Incident or event giving rise to the Claim or with any other relevant information that may be of use to the loss adjuster. (g) Each Party must make available to the loss adjuster any files, documents, data, recordings or other information that may be of use to, or is requested by, the loss adjuster for the purposes of his investigation. (h) The loss adjuster will determine the quantum of the relevant Claim and the liability of the End User Operator and/or Aurizon QR Network in respect of such Claim and shall provide a copy of his report on such matters to each of the Parties within a reasonable time after his appointment. (i) In the absence of manifest error, the decision of the loss adjuster shall be final and binding upon the Parties where the total claims arising from the Incident or event giving rise to the Claim are equal to or less than the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000.00).