Common use of Liability from Infrastructure Standard Clause in Contracts

Liability from Infrastructure Standard. Notwithstanding any other provision of this Agreement, QR will not be liable to the Access Holder or Operator and the Access Holder and Operator will not have or make any Claim against QR in respect of any loss of or damage to real or personal property, including property of the Access Holder or Operator, 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 to perform its obligations under Clause 6.2(a).

Liability from Infrastructure Standard. Notwithstanding any other provision of this Agreement, QR will not be liable to the Access Holder or Operator and the Access Holder and Operator will not have or make any Claim against QR in respect of any loss of or damage to real or personal property, including property of the Access Holder or Operator, 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 to perform its obligations under Clause 6.2(a).