Common use of Liability from Infrastructure Standard Clause in Contracts

Liability from Infrastructure Standard. Notwithstanding any other provision of this Agreement, Aurizon Network will not be liable to the Operator and the Operator will not have or make any Claim against Aurizon Network in respect of any loss of or damage to real or personal property, including property of the Operator or End Users, or personal injury to or death of any person or any other damage, expense, injury, cost or loss whatsoever arising out of or in connection with the standard of the Infrastructure or any failure of or defect in the Infrastructure except to the extent that such loss, damage, injury, cost or expense results directly from the failure of Aurizon Network to perform its obligations under Clause 7.2(a) or Aurizon Network’s negligence in performing those obligations.

Liability from Infrastructure Standard. Notwithstanding any other provision of this Agreement, Aurizon Network will not be liable to the Operator End User and the Operator End User will not have or make any Claim against Aurizon Network in respect of any loss of or damage to real or personal property, including property of the Operator or End UsersUser, or personal injury to or death of any person or any other damage, expense, injury, cost or loss whatsoever arising out of or in connection with the standard of the Infrastructure or any failure of or defect in the Infrastructure except to the extent that such loss, damage, injury, cost or expense results directly from the failure of Aurizon Network to perform its obligations under Clause 7.2(a) of the General Conditions of Contract of the Train Operations Agreement or Aurizon Network’s 's negligence in performing those obligations.