Common use of Fraud, death and personal injury Clause in Contracts

Fraud, death and personal injury. Without prejudice to the generality of this Clause 18.3, nothing in this contract shall exclude, restrict or limit, or purport to exclude, restrict or limit: (a) any liability which either party would otherwise have to the other party, or any right which either party may have to rescind this contract, in respect of any statement made fraudulently by the other party before the execution of this contract; (b) any right which either party may have in respect of fraudulent concealment by the other party; (c) any right which either party may have in respect of a statement of the kind referred to in section 146 of the Act, whether or not proceedings have been instituted in that respect; or (d) any liability which either party may have towards the other party for death or personal injury resulting from its negligence or the negligence of any of its officers, employees or agents.

Appears in 29 contracts

Samples: Track Access Contract, Track Access Contract, Track Access Contract

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Fraud, death and personal injury. Without prejudice to the generality of this Clause clause 18.3, nothing in this contract shall exclude, restrict or limit, or purport to exclude, restrict or limit: (a) any liability which either party would otherwise have to the other party, or any right which either party may have to rescind this contract, in respect of any statement made fraudulently by the other party before the execution of this contract; (b) any right which either party may have in respect of fraudulent concealment by the other party; (c) any right which either party may have in respect of a statement of the kind referred to in section 146 of the Act, whether or not proceedings have been instituted in that respect; or (d) any liability which either party may have towards the other party for death or personal injury resulting from its negligence or the negligence of any of its officers, employees or agents.

Appears in 4 contracts

Samples: Track Access Contract (Passenger Services), Track Access Contract (Passenger Services), Track Access Contract (Passenger Services)

Fraud, death and personal injury. Without prejudice to the generality of this Clause 18.3, nothing in this contract Agreement shall exclude, restrict or limit, or purport to exclude, restrict or limit: (a) any liability which either party would otherwise have to the other party, or any right which either party may have to rescind this contractAgreement, in respect of any statement made fraudulently by the other party before the execution of this contractAgreement; (b) any right which either party may have in respect of fraudulent concealment by the other party; (c) any right which either party may have in respect of a statement of the kind referred to in section 146 of the Act, whether or not proceedings have been instituted in that respect; or (d) any liability which either party may have towards the other party for death or personal injury resulting from its negligence or the negligence of any of its officers, employees or agents.

Appears in 2 contracts

Samples: Rail Network Connection Agreement, Rail Network Connection Agreement

Fraud, death and personal injury. Without prejudice to the generality of this Clause 18.3, nothing in this contract shall exclude, restrict or limit, or purport to exclude, restrict or limit: (a) any liability which either any party would otherwise have to the other partyparties, or any right which either any party may have to rescind this contract, in respect of any statement made fraudulently by the other party parties before the execution of this contract; (b) any right which either any party may have in respect of fraudulent concealment by the other partyparties; (c) any right which either any party may have in respect of a statement of the kind referred to in section 146 of the Act, whether or not proceedings have been instituted in that respect; or (d) any liability which either any party may have towards the other party parties for death or personal injury resulting from its negligence or the negligence of any of its officers, employees or agents.

Appears in 1 contract

Samples: Connection Contract

Fraud, death and personal injury. Without prejudice to the generality of this Clause 18.3, nothing in this contract shall exclude, restrict or limit, or purport to exclude, restrict or limit: (a) ­ any liability which either party would otherwise have to the other party, or any right which either party may have to rescind this contract, in respect of any statement made fraudulently by the other party before the execution of this contract; (b) ­ any right which either party may have in respect of fraudulent concealment by the other party; (c) ­ any right which either party may have in respect of a statement of the kind referred to in section 146 of the Act, whether or not proceedings have been instituted in that respect; or (d) ­ any liability which either party may have towards the other party for death or personal injury resulting from its negligence or the negligence of any of its officers, employees or agents.

Appears in 1 contract

Samples: Track Access Contract (Passenger Services)

Fraud, death and personal injury. Without prejudice to the generality of this Clause 18.3, nothing in this contract shall exclude, restrict or limit, or purport to exclude, restrict or limit: (a) any liability which either any party would otherwise have to the other partyparties, or any right which either any party may have to rescind this contract, in respect of any statement made fraudulently by the other party parties before the execution of this contract; (b) any right which either any party may have in respect of fraudulent concealment by the other partyparties; (c) any right which either party may have in respect of a statement of the kind referred to in section 146 of the Act, whether or not proceedings have been instituted in that respect; or (d) any liability which either any party may have towards the other party parties for death or personal injury resulting from its negligence or the negligence of any of its officers, employees or agents.

Appears in 1 contract

Samples: Connection Contract

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Fraud, death and personal injury. Without prejudice to the generality of this Clause 18.317.3, nothing in this contract shall exclude, restrict or limit, or purport to exclude, restrict or limit: (a) any liability which either party would otherwise have to the other party, or any right which either party may have to rescind this contract, in respect of any statement made fraudulently by the other party before the execution of this contract; (b) any right which either party may have in respect of fraudulent concealment by the other party; (c) any right which either party may have in respect of a statement of the kind referred to in section 146 of the Act, whether or not proceedings have been instituted in that respect; or (d) any liability which either party may have towards the other party for death or personal injury resulting from its negligence or the negligence of any of its officers, employees or agents.

Appears in 1 contract

Samples: Facility Track Access Contract

Fraud, death and personal injury. Without prejudice to the generality of this Clause 18.3, nothing in this contract shall exclude, restrict or limit, or purport to exclude, restrict or limit: (a) any liability which either any party would otherwise have to the other another party, or any right which either any party may have to rescind this contract, in respect of any statement made fraudulently by the other another party before the execution of this contract; (b) any right which either any party may have in respect of fraudulent concealment by the other another party; (c) any right which either any party may have in respect of a statement of the kind referred to in section 146 of the Act, whether or not proceedings have been instituted in that respect; or (d) any liability which either any party may have towards the other another party for death or personal injury resulting from its negligence or the negligence of any of its officers, employees or agents.

Appears in 1 contract

Samples: Connection Contract

Fraud, death and personal injury. Without prejudice to the generality of this Clause 18.315.3, nothing in this contract shall exclude, restrict or limit, or purport to exclude, restrict or limit: (a) any liability which either party would otherwise have to the other party, or any right which either party may have to rescind this contract, in respect of any statement made fraudulently by the other party before the execution of this contract; (b) any right which either party may have in respect of fraudulent concealment by the other party; (c) any right which either party may have in respect of a statement of the kind referred to in section 146 of the Act, whether or not proceedings have been instituted in that respect; or (d) any liability which either party may have towards the other party for death or personal injury resulting from its negligence or the negligence of any of its officers, employees or agents.

Appears in 1 contract

Samples: Track Access Contract

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