Common use of Compensation and Relief Clause in Contracts

Compensation and Relief. 10.1 Network Rail shall bear all direct costs reasonably incurred by the Customer (unless such costs are below £10,000 in aggregate) as a result of: (a) Network Rail taking or requiring any action pursuant to clause 6.2 in relation to a Network Operation Issue; (b) any delay to the Works which is caused by a Network Operation Issue or would have been caused in the absence of remedial action taken by the Customer to avoid any such delay; (c) any booked possession being cancelled or altered (including as a result of any default by any train operator other than the Customer); (d) any interference with the Works which is caused by another contractor from an interfacing project, provided that the Customer has used reasonable endeavours to mitigate and control the interface with such project as far as reasonably practicable; and/or (e) any Mandatory Variation being implemented in accordance with clause 9.2. (f) except to the extent that such costs are incurred due to the negligence, breach or default of the Customer or any contractor appointed by the Customer (other than Network Rail). If Network Rail is able to recover compensation from a third party in relation to the events described in clause 10.1(a) to 10.1(c), it shall account to the Customer for all such compensation so received (to the extent that such compensation relates to the Customer's direct costs). 10.2 Any direct costs paid by Network Rail shall not be included in the calculation of Network Rail's maximum aggregate liability under clause 13.2 unless the direct costs are as a result of the cancellation or alteration of a booked possession occurring as a result of the negligence or breach of this Agreement by Network Rail.

Compensation and Relief. 10.1 Network Rail shall bear all direct costs reasonably incurred by the Customer (unless such costs are below £10,000 in aggregate) as a result of: : (a) Network Rail taking or requiring any action pursuant to clause 6.2 in relation to a Network Operation Issue; ; (b) any delay to the Works which is caused by a Network Operation Issue or would have been caused in the absence of remedial action taken by the Customer to avoid any such delay; ; (c) any booked possession being cancelled or altered (including as a result of any default by any train operator other than the Customer); ; (d) any interference with the Works which is caused by another contractor from an interfacing project, provided that the Customer has used reasonable endeavours to mitigate and control the interface with such project as far as reasonably practicable; and/or and/or (e) any Mandatory Variation being implemented in accordance with clause 9.2. . (f) except to the extent that such costs are incurred due to the negligence, breach or default of the Customer or any contractor appointed by the Customer (other than Network Rail). If Network Rail is able to recover compensation from a third party in relation to the events described in clause 10.1(a) to 10.1(c), it shall account to the Customer for all such compensation so received (to the extent that such compensation relates to the Customer's direct costs). 10.2 Any direct costs paid by Network Rail shall not be included in the calculation of Network Rail's maximum aggregate liability under clause 13.2 unless the direct costs are as a result of the cancellation or alteration of a booked possession occurring as a result of the negligence or breach of this Agreement by Network Rail.

Compensation and Relief. 10.1 Network Rail shall bear all direct costs reasonably incurred by the Customer (unless such costs are below £10,000 in aggregate) as a result of: (a) Network Rail taking or requiring any action pursuant to clause 6.2 in relation to a Network Operation Issue; (b) any delay to the Works which is caused by a Network Operation Issue or would have been caused in the absence of remedial action taken by the Customer to avoid any such delay; (c) any booked possession being cancelled or altered (including as a result of any default by any train operator other than the Customer); (d) any interference with the Works which is caused by another contractor from an interfacing project, provided that the Customer has used reasonable endeavours to mitigate and control the interface with such project as far as reasonably practicable; and/or (e) any Mandatory Variation being implemented in accordance with clause 9.2. (f) 9.1. except to the extent that such costs are incurred due to the negligence, breach or default of the Customer or any contractor appointed by the Customer (other than Network Rail). If Network Rail is able to recover compensation from a third party in relation to the events described in clause 10.1(a) to 10.1(c), it shall account to the Customer for all such compensation so received (to the extent that such compensation relates to the Customer's direct costs). 10.2 Any direct costs paid by Network Rail shall not be included in the calculation of Network Rail's maximum aggregate liability under clause 13.2 unless the direct costs are as a result of the cancellation or alteration of a booked possession occurring as a result of the negligence or breach of this Agreement by Network Rail.