Common use of Liability from Infrastructure Standard Clause in Contracts

Liability from Infrastructure Standard. Notwithstanding any other provision of this Agreement, QR Network will not be liable to the Operator and the Operator will not have or make any Claim against QR 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 QR Network to perform its obligations under Clause 7.2(a) or QR Network’s negligence in performing those obligations.

Appears in 4 contracts

Samples: Train Operations Agreement, Train Operations Agreement, Train Operations Agreement

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Liability from Infrastructure Standard. Notwithstanding any other provision of this Agreement, QR Network will not be liable to the Operator and the Operator will not have or make any Claim against QR Network in respect of any loss of or damage to real or personal property, including property of the Operator or End UsersOperator, 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 QR Network to perform its obligations under Clause 7.2(a) or QR Network’s negligence in performing those obligations6.2(a).

Appears in 2 contracts

Samples: Coal Access Agreement, Access Agreement

Liability from Infrastructure Standard. Notwithstanding any other provision of this Agreement, QR Network will not be liable to the Access Holder or Operator and the Access Holder or Operator will not have or make any Claim against QR Network in respect of any loss of or damage to real or personal property, including property of the Operator Access Holder or End UsersOperator, 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 QR Network to perform its obligations under Clause 7.2(a) or QR Network’s negligence in performing those obligations6.2(a).

Appears in 2 contracts

Samples: Access Agreement, Access Agreement

Liability from Infrastructure Standard. Notwithstanding any other provision of this Agreement, QR Network will not be liable to the Operator or the Operator’s Customer and the Operator and the Operator’s Customer will not have or make any Claim against QR Network in respect of any loss of or damage to real or personal property, including property of the Operator or End Usersthe Operator’s Customer, 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 QR Network to perform its obligations under Clause 7.2(a6.2(a) or QR Network’s negligence in performing those obligations.

Appears in 1 contract

Samples: Operator Access Agreement

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Liability from Infrastructure Standard. Notwithstanding any other provision of this Agreement, QR Network will not be liable to the Access Holder or Operator and the Access Holder or Operator will not have or make any Claim against QR Network in respect of any loss of or damage to real or personal property, including property of the Operator Access Holder or End UsersOperator, 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 QR Network to perform its obligations under Clause 7.2(a6.2(a) or QR Network’s negligence in performing those obligations.

Appears in 1 contract

Samples: Access Agreement

Liability from Infrastructure Standard. Notwithstanding any other provision of this Agreement, QR Network will not be liable to the Operator and the Operator will not have or make any Claim against QR 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 QR Network to perform its obligations under Clause 7.2(a) or QR Network’s Network‟s negligence in performing those obligations.

Appears in 1 contract

Samples: Train Operations Agreement

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