Continuing breaches. Nothing in this Schedule 9 shall prevent a party making a new claim for indemnity in respect of a continuing breach of contract which: (a) is a continuing breach of contract which continues for more than 12 months; (b) is a continuing breach of contract which continues beyond a period within which it might reasonably be expected to have been remedied; or
Appears in 23 contracts
Samples: Track Access Contract, Track Access Contract (Passenger Services), Track Access Contract
Continuing breaches. Nothing in this Schedule 9 shall prevent a party making a new claim for indemnity in respect of a continuing breach of contract which:
(a) is a continuing breach of contract which continues for more than 12 months;
(b) is a continuing breach of contract which continues beyond a period within which it might reasonably be expected to have been remedied; or
Appears in 21 contracts
Samples: Track Access Contract, Track Access Contract, Track Access Contract
Continuing breaches. Nothing in this Schedule 9 shall prevent a party making a new claim for indemnity in respect of a continuing breach of contract which:
(a) is a continuing breach of contract which continues for more than 12 months;
(b) is a continuing breach of contract which continues beyond a period within which it might reasonably be expected to have been remedied; or
(c) is a breach of a Performance Order in relation to a breach of contract, but any such new claim shall not include any sum which was the subject matter of a previous claim and was extinguished by virtue of paragraph 3(b) or 4(b).
Appears in 15 contracts
Samples: Track Access Contract, Track Access Contract, Freight Customer Track Access Contract
Continuing breaches. Nothing in this Schedule 9 shall prevent a party making a new claim for indemnity in respect of a continuing breach of contract which:
(a) : is a continuing breach of contract which continues for more than 12 months;
(b) ; is a continuing breach of contract which continues beyond a period within which it might reasonably be expected to have been remedied; oror is a breach of a Performance Order in relation to a breach of contract, but any such new claim shall not include any sum which was the subject matter of a previous claim and was extinguished by virtue of paragraph 3.1(B) or 4.1(B).
Appears in 2 contracts
Samples: Unregulated Track Access Agreement, Unregulated Track Access Agreement
Continuing breaches. Nothing in this Schedule 9 shall prevent a party making a new claim for indemnity in respect of a continuing breach of contract which:
(a) is a continuing breach of contract which continues for more than 12 months;
(b) is a continuing breach of contract which continues beyond a period within which it might reasonably be expected to have been remedied; oror but any such new claim shall not include any sum which was the subject matter of a previous claim and was extinguished by virtue of paragraph 3(b) or 4(b).
Appears in 1 contract
Continuing breaches. 8.1 Nothing in this Schedule 9 shall prevent a party making a new claim for indemnity in respect of a continuing breach of contract which:
(aA) is a continuing breach of contract which continues for more than 12 months;
(bB) is a continuing breach of contract which continues beyond a period within which it might reasonably be expected to have been remedied; oror but any such new claim shall not include any sum which was the subject matter of a previous claim and was extinguished by virtue of paragraph 3.1(B) or 4.1(B).
Appears in 1 contract
Samples: Unregulated Track Access Agreement
Continuing breaches. Nothing in this Schedule 9 shall prevent a party making a new claim for indemnity in respect of a continuing breach of contract which:
(a) is a continuing breach of contract which continues for more than 12 months;
(b) is a continuing breach of contract which continues beyond a period within which it might reasonably be expected to have been remedied; or
Appears in 1 contract
Samples: Track Access Contract
