Common use of Commitment to Clause in Contracts

Commitment to. “no-blame” culture (a) the promotion and maintenance of a "no-blame" culture between the Participants in relation to disputes, errors, mistakes, Defects, poor performance and other issues which may arise; and (b) the prompt and mutual resolution of all disputes, differences and other issues by all Participants within the framework created by this Agreement. 4A No interference to MTM (a) The Participants acknowledge and agree that in performing the Works they will not, except as is otherwise necessary to perform the Works and as is agreed by PTV, prevent MTM from meeting its obligations or pursuing its rights under the MTM Franchise Agreement, the MTM Infrastructure Lease or the MTM Projects Agreement. (b) MTM agrees that it will immediately notify the ALT if it becomes aware of: (1) a breach, or likely breach, by MTM or PTV of; or (2) an entitlement of MTM to make a claim under, the MTM Franchise Agreement, MTM Infrastructure Lease or the MTM Projects Agreement which is, or may be, caused or contributed to by the performance of the Works. 5 Avoidance of issues between the Participants 5.1 No litigation or arbitration (a) Consistent with the commitment made by the Participants under clause 4.5 and subject to clause 5.3, the Participants agree that there will be no litigation or arbitration between them arising out of or in connection with this Agreement. The Participants must use their best endeavours to avoid issues arising as between each other and, to the extent an issue arises, must resolve the issue internally and otherwise comply with the procedure for the resolution of issues set out in Schedule 16. (b) The Participants agree that, subject to the exceptions listed in clause 5.3: (1) a failure by a Participant to perform any obligation or to discharge any duty under, or arising out of or in connection with this Agreement, or which is otherwise an obligation to or duty owed to another Participant however arising, does not give rise to any enforceable right or obligation at law or in equity; and (2) to the extent that a failure by a Participant to perform any obligation or to discharge any duty under, or arising out of or in connection with this Agreement, or which is otherwise an obligation to or duty owed to another Participant however arising, gives rise to any enforceable right or obligation at law or in equity, the other Participants release and hold harmless that Participant from any consequences at law or in equity for that failure.