Fraud, death and personal injury. 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 8 contracts
Samples: Track Access Contract, Track Access Contract, Track Access Contract
Fraud, death and personal injury. β 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