Liability – Yard Facility standard Sample Clauses

Liability – Yard Facility standard. (a) Notwithstanding any other provisions of this Agreement but without limiting clause 8.4(f), Aurizon will not be liable to the Operator and the Operator will not have or make any Claim against Aurizon or the Aurizon Indemnified Persons in respect of any Loss whatsoever arising out of or in connection with: (i) the standard of any Yard Facility, any Approved Additional Infrastructure or any infrastructure related to any Yard Facility; or (ii) any failure or defect in any Yard Facility, any Approved Additional Infrastructure or any infrastructure related to any Yard Facility, except to the extent that such Loss results directly from Aurizon’s breach of its obligation to maintain any Yard Facility in accordance with this Agreement. (b) Aurizon receives the benefit, and is agent of the Aurizon Indemnified Persons for the purpose of receiving on their behalf the benefits, of clause 13.10(a). (c) The benefits contained in this clause 13.10 will continue in full force and effect as to any Claims relating to any event, act, omission or default occurring during the Term notwithstanding the termination of this Agreement whether by expiration of time or otherwise.