Further Limitation of Liability. In relation to any claim or claims made by a party to which Schedule 9 applies ("Indemnity Claim") in addition to the limitations on liability that apply under Schedule 9 the liability of the parties to one another shall also be limited so that: (a) for any Indemnity Claim that relates to or results from a single incident, event or circumstance then the other party shall not be liable to make payments that over any period of time exceed an amount equal to the Indemnity Incident Cap; (b) if under Clause 11.6.4(a) the Indemnity Incident Cap is exceeded then any Indemnity Claim shall be extinguished to the extent that it relates to such excess and the other party shall have no further liability for that excess; and (c) any Indemnity Claim (or any part of an Indemnity Claim) that is extinguished under Clause 11.6.4(b) shall not be taken into account when calculating the amount of Relevant Losses in respect of any Indemnity Claim that is admitted or determined in a Contract Year under Schedule 9.
Appears in 48 contracts
Samples: Track Access Contract (Freight Services), Track Access Contract, Track Access Contract
Further Limitation of Liability. In relation to any claim or claims made by a party to which Schedule 9 applies ("Indemnity Claim") in addition to the limitations on liability that apply under Schedule 9 the liability of the parties to one another shall also be limited so that:
(a) : for any Indemnity Claim that relates to or results from a single incident, event or circumstance then the other party shall not be liable to make payments that over any period of time exceed an amount equal to the Indemnity Incident Cap;
(b) ; if under Clause 11.6.4(a) the Indemnity Incident Cap is exceeded then any Indemnity Claim shall be extinguished to the extent that it relates to such excess and the other party shall have no further liability for that excess; and
(c) and any Indemnity Claim (or any part of an Indemnity Claim) that is extinguished under Clause 11.6.4(b) shall not be taken into account when calculating the amount of Relevant Losses in respect of any Indemnity Claim that is admitted or determined in a Contract Year under Schedule 9.
Appears in 3 contracts
Samples: Track Access Contract, Track Access Contract, Track Access Contract
Further Limitation of Liability. In relation to any claim or claims made by a party to which Schedule 9 applies ("Indemnity Claim") in addition to the limitations on liability that apply under Schedule 9 the liability of the parties to one another shall also be limited so that:
(a) for any Indemnity Claim that relates to or results from a single incident, event or circumstance then the other party shall not be liable to make payments that over any period of time exceed an amount equal to the Indemnity Incident Cap;Cap;
(b) if under Clause 11.6.4(a) the Indemnity Incident Cap is exceeded then any Indemnity Claim shall be extinguished to the extent that it relates to such excess and the other party shall have no further liability for that excess; andand
(c) any Indemnity Claim (or any part of an Indemnity Claim) that is extinguished under Clause 11.6.4(b) shall not be taken into account when calculating the amount of Relevant Losses in respect of any Indemnity Claim that is admitted or determined in a Contract Year under Schedule 9.9.
Appears in 1 contract
Samples: Track Access Contract