Common use of Procedure to settle disputes Clause in Contracts

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 under this agreement: (A) first, negotiation under clause 14.2; (B) second, if the Dispute is not resolved by negotiation, then mediation under clause 14.3; (C) third, if the Dispute is not resolved by mediation within one month of the appointment of the mediator, then the parties agree that any party may commence proceedings in court. To that end, the parties submit to the exclusive jurisdiction of the Supreme Court of New South Wales.

Procedure to settle disputes. (a) If there is a dispute between the parties relating to or arising out of this agreement agreement, (“a Dispute”), ) then, unless otherwise expressly agreed to the contrary by the parties, such Dispute will be resolved in accordance with this clause 1417. (b) If either party reasonably considers that a dispute also involves an Operatorthe Access Holder, then: (i) for a Dispute raised under this agreement, ARTC and the Access Holder Operator consent to, and will not in any way prevent, the Operator Access Holder from being joined to the procedure detailed in this clause 1417; and (ii) for a dispute (as defined in clause 17 14 of an Operator Sub- Access Holder Agreement) raised under an Operator Sub-Agreement the Access Holder Agreement, the Operator agrees that where a notice of joinder is given by ARTC joining the Access Holder Operator to the dispute, then the dispute under the Operator Sub-Access Holder Agreement will also constitute a Dispute under this agreement. The dispute resolution procedure under this agreement and the Operator Sub-Access Holder Agreement will be run as a joint procedure and all references to “parties” and “each party” will include a reference to the OperatorAccess Holder. For the purposes of joint procedures under this clause 14.1(b)(ii17.1(b)(ii), to the extent of any inconsistency between the dispute resolution procedures in this clause 14 17 and clause 17 14 of the Operator Sub-Access Holder Agreement, the terms of the Operator Sub- Access Holder Agreement will prevail. (ciii) The Access Holder Operator agrees that where it is joined to a dispute raised under an Operator Sub-the Access Holder Agreement: (iA) the Access Holder Operator is bound by the dispute resolution process under clause 17 14 of the Operator Sub-Access Holder Agreement; and (iiB) any expert, court or other decision maker called upon to resolve the Dispute dispute will have jurisdiction to determine any issue arising out of or in relation to both the Operator Sub-Access Holder Agreement and this agreement to the extent that it is required to do so for the resolution of the particular Disputedispute. (dc) 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 1417. (ed) Upon the provision of a Dispute Notice under clause 14.1(d17.1(c), 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 of the Dispute under clause 14.2; and (B) second, if the Dispute is not resolved by negotiation, expert determination under clause 14.417.2; (ii) for all other Disputes permitted under this agreement: (A) first, negotiation under clause 14.2; (B) second, if the Dispute is not resolved by negotiation, then mediation under clause 14.3;17.3; and (Ciii) third, if the Dispute is not resolved by mediation within one month of the appointment of the mediator, then the parties agree that any party may commence proceedings in court. To that end, the parties submit to the exclusive jurisdiction of the Supreme Court of New South Wales.

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- 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-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 under this agreement: (A) first, negotiation under clause 14.2; (B) second, if the Dispute is not resolved by negotiation, then mediation under clause 14.3; (C) third, if the Dispute is not resolved by mediation within one month of the appointment of the mediator, then the parties agree that any party may commence proceedings in court. To that end, the parties submit to the exclusive jurisdiction of the Supreme Court of New South Wales.

Procedure to settle disputes. (a) If there is a dispute between the parties relating to or arising out of this agreement agreement, (“a Dispute”), ) then, unless otherwise expressly agreed to the contrary by the parties, such Dispute will be resolved in accordance with this clause 1417. (b) If either party reasonably considers that a dispute also involves an Operatorthe Access Holder, then: (i) for a Dispute raised under this agreement, ARTC and the Access Holder Operator consent to, and will not in any way prevent, the Operator Access Holder from being joined to the procedure detailed in this clause 1417; and (ii) for a dispute (as defined in clause 17 14 of an Operator Sub- Access Holder Agreement) raised under an Operator Sub-Agreement the Access Holder Agreement, the Operator agrees that where a notice of joinder is given by ARTC joining the Access Holder Operator to the dispute, then the dispute under the Operator Sub-Access Holder Agreement will also constitute a Dispute under this agreement. The dispute resolution procedure under this agreement and the Operator Sub-Access Holder Agreement will be run as a joint procedure and all references to “parties” and “each party” will include a reference to the OperatorAccess Holder. For the purposes of joint procedures under this clause 14.1(b)(ii17.1(b)(ii), to the extent of any inconsistency between the dispute resolution procedures in this clause 14 17 and clause 17 14 of the Operator Sub-Access Holder Agreement, the terms of the Operator Sub- Access Holder Agreement will prevail. (ciii) The Access Holder Operator agrees that where it is joined to a dispute raised under an Operator Sub-the Access Holder Agreement: (iA) the Access Holder Operator is bound by the dispute resolution process under clause 17 14 of the Operator Sub-Access Holder Agreement; and (iiB) any expert, court or other decision maker called upon to resolve the Dispute dispute will have jurisdiction to determine any issue arising out of or in relation to both the Operator Sub-Access Holder Agreement and this agreement to the extent that it is required to do so for the resolution of the particular Disputedispute. (dc) 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 1417. (ed) Upon the provision of a Dispute Notice under clause 14.1(d17.1(c), 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 of the Dispute under clause 14.2; and (B) second, if the Dispute is not resolved by negotiation, expert determination under clause 14.417.2; (ii) for all other Disputes permitted under this agreement: (A) first, negotiation under clause 14.2; (B) second, if the Dispute is not resolved by negotiation, then mediation under clause 14.3;under (Ciii) third, if the Dispute is not resolved by mediation within one month of the appointment of the mediator, then the parties agree that any party may commence proceedings in court. To that end, the parties submit to the exclusive jurisdiction of the Supreme Court of New South Wales.

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- Sub-Agreement will prevail. (c) The Access Holder Xxxxxx 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-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 under this agreement: (A) first, negotiation under clause 14.2; (B) second, if the Dispute is not resolved by negotiation, then mediation under clause 14.3; (C) third, if the Dispute is not resolved by mediation within one month of the appointment of the mediator, then the parties agree that any party may commence proceedings in court. To that end, the parties submit to the exclusive jurisdiction of the Supreme Court of New South Wales.

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 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. (ciii) The Access Holder Xxxxxx agrees that where it is joined to a dispute raised under an Operator Sub-Agreement: (iA) the Access Holder is bound by the dispute resolution process under clause 17 of the Operator Sub-Agreement; and (iiB) 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-Sub- Agreement and this agreement to the extent that it is required to do so for the resolution of the particular Dispute. (dc) 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. (ed) Upon provision of a Dispute Notice under clause 14.1(d14.1(c), 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 under this agreement: (A) first, negotiation under clause 14.2; (B) second, if the Dispute is not resolved by negotiation, then mediation under clause 14.3; (C) third, if the Dispute is not resolved by mediation within one month of the appointment of the mediator, then the parties agree that any party may commence proceedings in court. To that end, the parties submit to the exclusive jurisdiction of the Supreme Court of New South Wales.

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 ARTC reasonably considers that a dispute also involves an the 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- Sub-Agreement) raised under an Operator Sub-Agreement 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-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- Sub-Agreement will prevail. (ciii) The Access Holder Xxxxxx agrees that where it is joined to a dispute raised under an Operator Sub-Agreement: (iA) the Access Holder is bound by the dispute resolution process under clause 17 of the Operator Sub-Agreement; and (iiB) 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-Sub- Agreement and this agreement to the extent that it is required to do so for the resolution of the particular Dispute. (dc) 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. (ed) Upon provision of a Dispute Notice under clause 14.1(d14.1(c), 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 about when a project is completed and/or when a Train Path becomes available in accordance with 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 under this agreement: (A) first, negotiation under clause 14.2; (B) second, if the Dispute is not resolved by negotiation, then mediation under clause 14.3; (C) third, if the Dispute is not resolved by mediation within one month of the appointment of the mediator, then the parties agree that any party may commence proceedings in court. To that end, the parties submit to the exclusive jurisdiction of the Supreme Court of New South Wales.

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-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 under this agreement: (A) first, negotiation under clause 14.2; (B) second, if the Dispute is not resolved by negotiation, then mediation under clause 14.3; (C) third, if the Dispute is not resolved by mediation within one month of the appointment of the mediator, then the parties agree that any party may commence proceedings in court. To that end, the parties submit to the exclusive jurisdiction of the Supreme Court of New South Wales.

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 Xxxxxx 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 under this agreement: (A) first, negotiation under clause 14.2; (B) second, if the Dispute is not resolved by negotiation, then mediation under clause 14.3; (C) third, if the Dispute is not resolved by mediation within one month of the appointment of the mediator, then the parties agree that any party may commence proceedings in court. To that end, the parties submit to the exclusive jurisdiction of the Supreme Court of New South Wales.

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.a (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-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 under this agreement: (A) first, negotiation under clause 14.2; (B) second, if the Dispute is not resolved by negotiation, then mediation under clause 14.3; (C) third, if the Dispute is not resolved by mediation within one month of the appointment of the mediator, then the parties agree that any party may commence proceedings in court. To that end, the parties submit to the exclusive jurisdiction of the Supreme Court of New South Wales.

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 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. (ciii) The Access Holder agrees that where it is joined to a dispute raised under an Operator Sub-Agreement: (iA) the Access Holder is bound by the dispute resolution process under clause 17 of the Operator Sub-Agreement; and (iiB) 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-Sub- Agreement and this agreement to the extent that it is required to do so for the resolution of the particular Dispute. (dc) 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. (ed) Upon provision of a Dispute Notice under clause 14.1(d14.1(c), 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 under this agreement: (A) first, negotiation under clause 14.2; (B) second, if the Dispute is not resolved by negotiation, then mediation under clause 14.3; (C) third, if the Dispute is not resolved by mediation within one month of the appointment of the mediator, then the parties agree that any party may commence proceedings in court. To that end, the parties submit to the exclusive jurisdiction of the Supreme Court of New South Wales.

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 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. (ciii) The Access Holder Xxxxxx agrees that where it is joined to a dispute raised under an Operator Sub-Agreement: (iA) the Access Holder is bound by the dispute resolution process under clause 17 of the Operator Sub-Agreement; and (iiB) 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-Sub- Agreement and this agreement to the extent that it is required to do so for the resolution of the particular Dispute. (dc) 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. (ed) Upon provision of a Dispute Notice under clause 14.1(d14.1(c), 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 14.214.1(d)(ii)(C); and (B) second, if the Dispute is not resolved by negotiation, expert determination under clause 14.4; (ii) for all other Disputes permitted under this agreement: ; (A) first, negotiation under clause 14.214.1(d)(ii)(C); (B) second, if the Dispute is not resolved by negotiation, then mediation under clause 14.3; (C) third, if the Dispute is not resolved by mediation within one month of the appointment of the mediator, then the parties agree that any party may commence proceedings in court. To that end, the parties submit to the exclusive jurisdiction of the Supreme Court of New South Wales.

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- Sub-Agreement will prevail. (c) The Access Holder Xxxxxx 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-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 under this agreement: (A) first, negotiation under clause 14.2; (B) second, if the Dispute is not resolved by negotiation, then mediation under clause 14.3; (C) third, if the Dispute is not resolved by mediation within one month of the appointment of the mediator, then the parties agree that any party may commence proceedings in court. To that end, the parties submit to the exclusive jurisdiction of the Supreme Court of New South Wales.

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- 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-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 under this agreement: (A) first, negotiation under clause 14.2; (B) second, if the Dispute is not resolved by negotiation, then mediation under clause 14.3; (C) third, if the Dispute is not resolved by mediation within one month of the appointment of the mediator, then the parties agree that any party may commence proceedings in court. To that end, the parties submit to the exclusive jurisdiction of the Supreme Court of New South Wales.

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 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. (ciii) The Access Holder agrees that where it is joined to a dispute raised under an Operator Sub-Agreement: (iA) the Access Holder is bound by the dispute resolution process under clause 17 of the Operator Sub-Agreement; and (iiB) 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-Sub- Agreement and this agreement to the extent that it is required to do so for the resolution of the particular Dispute. (dc) 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. (ed) Upon provision of a Dispute Notice under clause 14.1(d14.1(c), 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 under this agreement: (A) first, negotiation under clause 14.2; (B) second, if the Dispute is not resolved by negotiation, then mediation under clause 14.3; (C) third, if the Dispute is not resolved by mediation within one month of the appointment of the mediator, then the parties agree that any party may commence proceedings in court. To that end, the parties submit to the exclusive jurisdiction of the Supreme Court of New South Wales.

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 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. (iii) (c) The Access Holder Xxxxxx agrees that where it is joined to a dispute raised under an Operator Sub-Agreement: (A) (i) the Access Holder is bound by the dispute resolution process under clause 17 of the Operator Sub-Agreement; and (B) (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 under this agreement: (A) first, negotiation under clause 14.2; (B) second, if the Dispute is not resolved by negotiation, then mediation under clause 14.3; (C) third, if the Dispute is not resolved by mediation within one month of the appointment of the mediator, then the parties agree that any party may commence proceedings in court. To that end, the parties submit to the exclusive jurisdiction of the Supreme Court of New South Wales.

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 ARTCeither party reasonably considers that a dispute also involves an thean 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- Sub-Agreement) raised under an Operator Sub-Agreement 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- Sub-Agreement will prevail. (ciii) The Access Holder Xxxxxx agrees that where it is joined to a dispute raised under an Operator Sub-Agreement: (iA) the Access Holder is bound by the dispute resolution process under clause 17 of the Operator Sub-Agreement; and (iiB) 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. (dc) 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. (ed) Upon provision of a Dispute Notice under clause 14.1(d14.1(c), 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 about when a project is completed and/or when a Train Path becomes available in accordance withreferrable 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 under this agreement: (A) first, negotiation under clause 14.2; (B) second, if the Dispute is not resolved by negotiation, then mediation under clause 14.3; (C) third, if the Dispute is not resolved by mediation within one month of the appointment of the mediator, then the parties agree that any party may commence proceedings in court. To that end, the parties submit to the exclusive jurisdiction of the Supreme Court of New South Wales.

Procedure to settle disputes. (a) If there is a dispute between the parties relating to or arising out of this agreement agreement, (“a Dispute”), ) then, unless otherwise expressly agreed to the contrary by the parties, such Dispute will be resolved in accordance with this clause 1417. (b) If either ARTCeither party reasonably considers that a dispute also involves an Operatorthe Access Holder, then: (i) for a Dispute raised under this agreement, ARTC and the Access Holder Operator consent to, and will not in any way prevent, the Operator Access Holder from being joined to the procedure detailed in this clause 1417; and (ii) for a dispute (as defined in clause 17 14 of an Operator Sub- Access Holder Agreement) raised under an Operator Sub-Agreement the Access Holder Agreement, the Operator agrees that where a notice of joinder is given by ARTC joining the Access Holder Operator to the dispute, then the dispute under the Operator Sub-Access Holder Agreement will also constitute a Dispute under this agreement. The dispute resolution procedure under this agreement and the Operator Sub-Access Holder Agreement will be run as a joint procedure and all references to “parties” and “each party” will include a reference to the OperatorAccess Holder. For the purposes of joint procedures under this clause 14.1(b)(ii17.1(b)(ii), to the extent of any inconsistency between the dispute resolution procedures in this clause 14 17 and clause 17 14 of the Operator Sub-Access Holder Agreement, the terms of the Operator Sub- Access Holder Agreement will prevail. (ciii) The Access Holder Operator agrees that where it is joined to a dispute raised under an Operator Sub-the Access Holder Agreement: (iA) the Access Holder Operator is bound by the dispute resolution process under clause 17 14 of the Operator Sub-Access Holder Agreement; and (iiB) any expert, court or other decision maker called upon to resolve the Dispute dispute will have jurisdiction to determine any issue arising out of or in relation to both the Operator Sub-Access Holder Agreement and this agreement to the extent that it is required to do so for the resolution of the particular Disputedispute. (dc) 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 1417. (ed) Upon the provision of a Dispute Notice under clause 14.1(d17.1(c), 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 of the Dispute under clause 14.2; and (B) second, if the Dispute is not resolved by negotiation, expert determination under clause 14.417.2; (ii) for all other Disputes permitted under this agreement: (A) first, negotiation under clause 14.2; (B) second, if mediation ofif the Dispute is not resolved by negotiation, then mediation under clause 14.3;17.3; and (Ciii) third, if the Dispute is not resolved by mediation within one month of the appointment of the mediator, then the parties agree that any party may commence proceedings in court. To that end, the parties submit to the exclusive jurisdiction of the Supreme Court of New South Wales.

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 Xxxxxx 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 under this agreement: (A) first, negotiation under clause 14.2; (B) second, if the Dispute is not resolved by negotiation, then mediation under clause 14.3; (C) third, if the Dispute is not resolved by mediation within one month of the appointment of the mediator, then the parties agree that any party may commence proceedings in court. To that end, the parties submit to the exclusive jurisdiction of the Supreme Court of New South Wales.

Procedure to settle disputes. (a) If there is a dispute between the parties relating to or arising out of this agreement agreement, (“a Dispute”), ) then, unless otherwise expressly agreed to the contrary by the parties, such Dispute will be resolved in accordance with this clause 1417. (b) If either party ARTC reasonably considers that a dispute also involves an Operatorthe Access Holder, then: (i) for a Dispute raised under this agreement, ARTC and the Access Holder Operator consent to, and will not in any way prevent, the Operator Access Holder from being joined to the procedure detailed in this clause 1417; and (ii) for a dispute (as defined in clause 17 14 of an Operator Sub- Access Holder Agreement) raised under an Operator Sub-Agreement the Access Holder Agreement, the Operator agrees that where a notice of joinder is given by ARTC joining the Access Holder Operator to the dispute, then the dispute under the Operator Sub-Access Holder Agreement will also constitute a Dispute under this agreement. The dispute resolution procedure under this agreement and the Operator Sub-Access Holder Agreement will be run as a joint procedure and all references to “parties” and “each party” will include a reference to the OperatorAccess Holder. For the purposes of joint procedures under this clause 14.1(b)(ii17.1(b)(ii), to the extent of any inconsistency between the dispute resolution procedures in this clause 14 17 and clause 17 14 of the Operator Sub-Access Holder Agreement, the terms of the Operator Sub- Access Holder Agreement will prevail. (ciii) The Access Holder Operator agrees that where it is joined to a dispute raised under an Operator Sub-the Access Holder Agreement: (iA) the Access Holder Operator is bound by the dispute resolution process under clause 17 14 of the Operator Sub-Access Holder Agreement; and (iiB) any expert, court or other decision maker called upon to resolve the Dispute dispute will have jurisdiction to determine any issue arising out of or in relation to both the Operator Sub-Access Holder Agreement and this agreement to the extent that it is required to do so for the resolution of the particular Disputedispute. (dc) 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 1417. (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 under this agreement: (A) first, negotiation under clause 14.2; (B) second, if the Dispute is not resolved by negotiation, then mediation under clause 14.3; (C) third, if the Dispute is not resolved by mediation within one month of the appointment of the mediator, then the parties agree that any party may commence proceedings in court. To that end, the parties submit to the exclusive jurisdiction of the Supreme Court of New South Wales.

Procedure to settle disputes. Deleted: 14 Deleted: 14 (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 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. (ciii) The Access Holder Xxxxxx agrees that where it is joined to a dispute raised under an Operator Sub-Agreement: (iA) the Access Holder is bound by the dispute resolution process under clause 17 of the Operator Sub-Agreement; and (iiB) 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-Sub- Agreement and this agreement to the extent that it is required to do so for the resolution of the particular Dispute. (dc) 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 under this agreement: (A) first, negotiation under clause 14.2; (B) second, if the Dispute is not resolved by negotiation, then mediation under clause 14.3; (C) third, if the Dispute is not resolved by mediation within one month of the appointment of the mediator, then the parties agree that any party may commence proceedings in court. To that end, the parties submit to the exclusive jurisdiction of the Supreme Court of New South Wales.