Disapplication of limitation. To the extent that any Relevant Losses:
Disapplication of limitation. To the extent that any Relevant Losses (or, as the case may be, losses in respect of Third Party Rights Claims): result from a conscious and intentional breach by a party; or
Disapplication of limitation. To the extent that any Relevant Losses: result from a conscious and intentional breach by a party; or are in respect of obligations to compensate any person for liability for death or personal injury, whether resulting from the negligence of a party or the negligence of any of its officers, employees or agents or from a failure by a party to comply with its Safety Obligations, such Relevant Losses: shall not be subject to the limitation of liability in Schedule 9; and shall not be taken into account when calculating the amount of Relevant Losses in respect of claims admitted or finally determined in a Financial Year for the purposes of the limitations of liability in this Schedule 9. Exclusion of legal and other costs The limits on the parties’ liabilities provided for in paragraphs 3 and 4 shall not apply to costs incurred in recovering any amount under a relevant claim, including legal, arbitral and other professional fees and expenses.
Disapplication of limitation. To the extent that any Relevant Losses (or, as the case may be, losses in respect of Third Party Rights Claims): result from a conscious and intentional breach by a party; or are in respect of obligations to compensate any person for liability for death or personal injury, whether resulting from the negligence of a party or the negligence of any of its officers, employees or agents or from a failure by a party to comply with its Safety Obligations, such Relevant Losses (or, as the case may be, losses in respect of Third Party Rights Claims): shall not be subject to the limitation of liability in Schedule 9 or schedule 9 in any Connected Access Contract; and shall not be taken into account when calculating the amount of Relevant Losses (or, as the case may be, losses in respect of Third Party Rights Claims) in respect of claims admitted or finally determined in a Contract Year for the purposes of the limitations of liability in this Schedule 9 or schedule 9 in any Connected Access Contract. Exclusion of legal and other costs The limits on the parties' liabilities provided for in paragraphs 3 and 4 shall not apply to costs incurred in recovering any amount under a relevant claim, including legal, arbitral and other professional fees and expenses. Exclusion of certain Relevant Losses (or, as the case may be, losses in respect of Third Party Rights Claims) A party shall have no claim for Relevant Losses (or, as the case may be, losses in respect of Third Party Rights Claims) to the extent that such Relevant Losses (or, as the case may be, losses in respect of Third Party Rights Claims) result from its own negligence or breach of this contract. Continuing breaches Nothing in this Schedule 9 shall prevent a party, or the Freight Customer in respect of Third Party Rights Claims, making a new claim for indemnity in respect of a continuing breach of contract or a breach giving rise to Third Party Rights Claims which: is a continuing breach of contract or a breach giving rise to Third Party Rights Claims which in either case continues for more than 12 months; is a continuing breach of contract or a breach giving rise to Third Party Rights Claims which in either case continues beyond a period within which it might reasonably be expected to have been remedied; or 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 para...
