Common use of INDEMNITIES AND LIABILITY FOR PERFORMANCE Clause in Contracts

INDEMNITIES AND LIABILITY FOR PERFORMANCE. 8.1 Nexus shall indemnify Network Rail and keep it indemnified (on an after tax basis) against all damage, losses, claims, proceedings, demands, liabilities, costs, damages, orders and out of pocket expenses (including costs reasonably incurred in investigating or defending any claim, proceedings, demand or order and any expenses reasonably incurred in preventing, avoiding or mitigating loss, liability or damage) incurred or suffered by Network Rail:- (A) as a result of a failure by Nexus to comply with its obligations under the Safety Obligations; (B) as a result of any Environmental Damage arising directly from Nexus’ operations or the proper taking by Network Rail in accordance with Condition E2 of any steps to prevent, mitigate or remedy an Environmental Condition which exists as a direct or indirect result of the operations of Nexus; or (C) as a result of any damage to the Network arising directly from Nexus’ wilful default, negligence or failure to comply with its obligations under this Agreement save to the extent that any such damage, losses, claims, proceedings, demands, liabilities, costs, damages, orders and out of pocket expenses result from Network Rail’s wilful default, negligence or breach of this Agreement, and provided that (without prejudice to the provisions of Schedule 8) this indemnity shall not extend to loss of revenue or other indirect loss and shall be subject to any limitations provided for in the Claims Allocation and Handling Agreement. 8.2 Network Rail shall indemnify Nexus and keep it indemnified (on an after tax basis) against all damage, losses, claims, proceedings, demands, liabilities, costs, damages, orders and out of pocket expenses (including costs reasonably incurred in investigating or defending any claim, proceedings, demand or order and any expenses reasonably incurred in preventing, avoiding or mitigating loss, liability or damage) incurred or suffered by Nexus:- (A) as a result of a failure by Network Rail to comply with its obligations under the Safety Obligations; (B) as a result of any Environmental Damage arising directly from the operations of the British Railways Board prior to 1st April 1994 or from the operations of Network Rail; or (C) as a result of any damage to the Specified Equipment or other vehicles or things brought onto the Network in accordance with the permission to use granted by this Agreement arising directly from Network Rail’s wilful default, negligence or failure to comply with its obligations under this Agreement save to the extent that any such damage, losses, claims, proceedings, demands, liabilities, costs, damages, orders and out of pocket expenses result from Nexus’ wilful default, negligence, breach of this Agreement, and provided that (without prejudice to the provisions of Schedule 8) this indemnity shall not extend to loss of revenue or other indirect loss and shall be subject to any limitations provided for in the Claims Allocation and Handling Agreement.