Procedure to settle disputes. (a) If there is a dispute between the parties relating to or arising out of this agreement (“a Dispute”), then, unless otherwise expressly agreed to the contrary by the parties, such Dispute will be resolved in accordance with this clause 14.
(b) If either party reasonably considers that a dispute also involves an Operator, then:
(i) for a Dispute raised under this agreement, ARTC and the Access Holder consent to, and will not in any way prevent, the Operator from being joined to the procedure detailed in this clause 14; and
(ii) for a dispute (as defined in clause 17 of an Operator Sub- Agreement) raised under an Operator Sub-Agreement the Access Holder agrees that where a notice of joinder is given by ARTC joining the Access Holder to the dispute, then the dispute under the Operator Sub-Agreement will also constitute a Dispute under this agreement. The dispute resolution procedure under this agreement and the Operator Sub-Agreement will be run as a joint procedure and all references to “parties” and “each party” will include a reference to the Operator. For the purposes of this clause 14.1(b)(ii), to the extent of any inconsistency between the dispute resolution procedures in this clause 14 and clause 17 of the Operator Sub-Agreement, the terms of the Operator Sub- Agreement will prevail.
(c) The Access Holder agrees that where it is joined to a dispute raised under an Operator Sub-Agreement:
(i) the Access Holder is bound by the dispute resolution process under clause 17 of the Operator Sub-Agreement; and
(ii) any expert, court or other decision maker called upon to resolve the Dispute will have jurisdiction to determine any issue arising out of or in relation to both the Operator Sub-Agreement and this agreement to the extent that it is required to do so for the resolution of the particular Dispute.
(d) Either party may give to the other party to the Dispute a notice in writing (“Dispute Notice”) specifying the Dispute and requiring it to be dealt with under this clause 14.
(e) Upon provision of a Dispute Notice under clause 14.1(d), the procedure that is to be followed to settle a Dispute arising under this agreement is as follows:
(i) for a Dispute over a rebate paid under clause 5.4 of this agreement or a Dispute referrable to this clause under the Train Path Schedule:
(A) first, negotiation under clause 14.2; and
(B) second, if the Dispute is not resolved by negotiation, expert determination under clause 14.4;
(ii) for all other Disputes permitted ...
Procedure to settle disputes. (a) If there is a dispute between the parties relating to or arising out of this Agreement (“Dispute”) then, unless otherwise expressly agreed to the contrary by both parties, such Dispute shall be resolved in accordance with this clause 17. Either party may give to the other party to the Dispute notice in writing (“Dispute Notice”) specifying the Dispute and requiring it to be dealt with under this clause 17. The parties must use reasonable endeavours acting in good faith to settle the dispute as soon as practicable.
(b) The procedure that is to be followed to settle a Dispute arising under this Agreement is as follows:
(i) first, negotiation of the Dispute under clause 17.2; and
(ii) second, mediation of the Dispute under clause 17.3.
Procedure to settle disputes. (a) The procedure that is to be followed to settle a Dispute is as follows:
(i) first, negotiation under clause 21.3; and
(ii) second, determination of the dispute under clause 21.4 (if agreed).
(b) A party may not commence Court proceedings in relation to a Dispute until it has exhausted the procedures in this clause 21, unless the party seeks appropriate injunctive or other interlocutory relief to preserve property or rights or to avoid losses that are not compensable in damages.
(c) Each party must continue to perform any of its liabilities under this Agreement relating to any issue in dispute or otherwise, despite and during any Dispute resolution being conducted under this provision.
(d) A party is not required to comply with this clause in relation to any Dispute where all other parties to the Dispute are in default under clause 21 in relation to that Dispute.
Procedure to settle disputes. (a) If there is a dispute between any of the parties relating to or arising out of this Agreement, the parties must use reasonable endeavours acting in good faith to settle the dispute as soon as practicable.
(b) The procedure that is to be followed to settle a dispute arising under this Agreement is as follows:
(i) first, negotiation of the dispute under Clause 19.2; and
(ii) second, determination of the dispute under Clause 19.3,
(c) A party may not commence court proceedings in relation to a dispute arising in connection with this Agreement until it has exhausted the procedures in this Clause 19, unless the party seeks appropriate injunctive or other interlocutory relief to preserve property or rights or to avoid losses that are not compensable in damages.
Procedure to settle disputes. (a) If there is a dispute between the parties relating to or arising out of this Agreement (“Dispute”) then, unless otherwise expressly agreed to the contrary by both parties, such Dispute will be resolved in accordance with this clause
Procedure to settle disputes. Court
(a) This clause is to be invoked as a last resort option. Both parties have a commitment to full performance of this contract and intend to take a collaborative and reasonable approach to resolving disputes.
(b) Until the parties have complied with clause 11, a party must not commence any action, bring any proceedings or seek any relief or remedy in a court, except seeking interlocutory injunctive relief from a court or to preserve for that party its claim against the operation of any Law requiring the proceedings to be commenced within a specified period after the accrual of the cause of action the subject of the Dispute.
(c) Where any Dispute arises, a party must give a Dispute Notice to the other party's Dispute Resolution Representative setting out the material particulars of the Dispute. Within three
Procedure to settle disputes. If there is a dispute between any of the parties relating to or arising out of this Agreement, the parties must use reasonable endeavours acting in good faith to settle the dispute as soon as practicable.
Procedure to settle disputes a) If there is a dispute between the parties relating to or arising out of this Agreement, the parties must use reasonable endeavours acting in good faith to settle the dispute as soon as practicable.
b) The procedure that is to be followed to settle a dispute arising under this Agreement is as follows:
i) first, negotiation of the dispute under clause 17.2;
ii) second, mediation of the dispute under clause 17.3; and
iii) third, determination of the dispute under clause 17.4.
Procedure to settle disputes. (a) If there is a dispute between the parties relating to or arising out of this agreement (“a Dispute”), then, unless otherwise expressly agreed to the contrary by the parties, such Dispute will be resolved in accordance with this clause 14.
(b) If either party reasonably considers that a dispute also involves an Operator, then:
(i) for a Dispute raised under this agreement, ARTC and the Access Holder consent to, and will not in any way prevent, the Operator from being joined to the procedure detailed in this clause 14; and
(ii) for a dispute (as defined in clause 17 of an Operator Sub- Agreement) raised under an Operator Sub-Agreement the Access Holder agrees that where a notice of joinder is given by ARTC joining the Access Holder to the dispute, then the dispute under the Operator Sub-Agreement will also constitute a Dispute under this agreement. The dispute resolution procedure under this agreement and the Operator Sub-Agreement will be run as a joint procedure and all references to “parties” and “each party” will include a reference to the Operator. For the purposes of this clause 14.1(b)(ii), to the extent of any inconsistency between the dispute resolution procedures in this clause 14 and clause 17 of the Operator Sub-Agreement, the terms of the Operator Sub-Agreement will prevail.
Procedure to settle disputes. (a) A party shall not commence Court proceedings in relation to a Dispute until it has exhausted the procedures in this clause 14, unless the party seeks appropriate injunctive or other interlocutory relief to preserve property or rights or to avoid losses that are not compensable in damages.
(b) Each party must continue to perform any of its obligations under this Agreement relating to any issue in dispute or otherwise, despite and during any Dispute resolution being conducted under this clause 14.
