Disapplication of limitation. To the extent that any Relevant Losses: (a) result from a conscious and intentional breach by a party; or (b) 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:
Appears in 19 contracts
Samples: Track Access Contract, Track Access Contract, Track Access Contract
Disapplication of limitation. To the extent that any Relevant Losses:
(a) result from a conscious and intentional breach by a party; or
(b) 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:
Appears in 2 contracts
Samples: Freight Customer Track Access Contract, Freight Customer Track Access Contract
Disapplication of limitation. 5.1 To the extent that any Relevant Losses:
(aA) result from a conscious and intentional breach by a party; or
(bB) 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:
Appears in 1 contract
Samples: Unregulated Track Access Agreement
Disapplication of limitation. To the extent that any Relevant Losses:
(a) result from a conscious and intentional breach by a party; or
(b) 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:
Appears in 1 contract
Samples: Track Access Contract