Limitation on Claims. Neither Party shall make any Claim against the other in respect of the neglect or default of that Party under the Agreement unless: (a) notice of the Claim has been given to the other within twelve (12) Months of the occurrence of the event or circumstance out of which such Claim arises; and (b) the amount of the Claim exceeds ONE HUNDRED THOUSAND DOLLARS ($100,000.00) in respect of any one event or cause of action or series of related events or causes of action (provided that if this condition is satisfied then the Party may proceed for the full amount of the Claim and is not limited to only so much of the Claim as exceeds the required threshold of ONE HUNDRED THOUSAND DOLLARS ($100,000.00)).
Appears in 27 contracts
Samples: Train Operations Agreement, Access Agreement, End User Access Agreement
Limitation on Claims. Neither Party shall make any Claim against the other in respect of the neglect or default of that Party under the Agreement unless:
(a) notice of the Claim has been given to the other within twelve (12) Months of the occurrence of the event or circumstance out of which such Claim arises; and
(b) the amount of the Claim exceeds ONE HUNDRED FIFTY THOUSAND DOLLARS ($100,000.0050,000.00) in respect of any one event or cause of action or series of related events or causes of action (provided that if this condition is satisfied then the Party may proceed for the full amount of the Claim and is not limited to only so much of the Claim as exceeds the required threshold of ONE HUNDRED FIFTY THOUSAND DOLLARS ($100,000.0050,000.00)).
Appears in 4 contracts
Samples: Operator Access Agreement, Access Agreement, Access Agreement
Limitation on Claims. Neither Party shall make any Claim against the other in respect of the neglect or default of that Party under the Agreement unless:
(a) notice of the Claim has been given to the other within twelve (12) Months of the occurrence of the event or circumstance out of which such Claim arises; andand Deleted: 5.6 Deleted: 6.6
(b) the amount of the Claim exceeds ONE HUNDRED THOUSAND DOLLARS ($100,000.00) in respect of any one event or cause of action or series of related events or causes of action (provided that if this condition is satisfied then the Party may proceed for the full amount of the Claim and is not limited to only so much of the Claim as exceeds the required threshold of ONE HUNDRED THOUSAND DOLLARS ($100,000.00)).
Appears in 1 contract
Samples: Train Operations Agreement
Limitation on Claims. Neither Party shall make any Claim against the other in respect of the neglect or default of that Party under the Agreement unless:
(a) notice of the Claim has been given giv en to the other within twelve (12) Months of the occurrence of the event or circumstance out of which such Claim arises; and
(b) the amount of the Claim exceeds ONE HUNDRED FIFTY THOUSAND DOLLARS ($100,000.0050,000.00) in respect of any one event or cause of action or series of related events or causes of action (provided that if this condition is satisfied then the Party may proceed for the full amount of the Claim and is not limited to only so much of the Claim as exceeds the required threshold of ONE HUNDRED FIFTY THOUSAND DOLLARS ($100,000.0050,000.00)).
Appears in 1 contract
Samples: Access Agreement
Limitation on Claims. Neither Party shall make any Claim against the other in respect of the neglect or default of that Party under the Agreement unless:
(a) (a) notice of the Claim has been given to the other within twelve (12) Months of the occurrence of the event or circumstance out of which such Claim arises; and
(b) the amount of the Claim exceeds ONE HUNDRED THOUSAND DOLLARS ($100,000.00) in respect of any one event or cause of action or series of related events or causes of action (provided that if this condition is satisfied then the Party may proceed for the full amount of the Claim and is not limited to only so much of the Claim as exceeds the required threshold of ONE HUNDRED THOUSAND DOLLARS ($100,000.00)).
Appears in 1 contract
Samples: Train Operations Agreement
Limitation on Claims. Neither Party shall make any Claim against the other in respect of the neglect or default of that Party under the Agreement unless:
(a) notice of the Claim has been given to the other within twelve (12) Months of the occurrence of the event or circumstance out of which such Claim arises; and
(b) the amount of the Claim exceeds ONE HUNDRED FIFTY THOUSAND DOLLARS ($100,000.0050,000.00) in respect of any one event or cause of action or series of related events or causes of action (provided that if this condition is satisfied then the Party may proceed for the full amount of the Claim and is not limited to only so much of the Claim as exceeds the required threshold of ONE HUNDRED FIFTY THOUSAND DOLLARS ($100,000.0050,000.00)).
Appears in 1 contract
Samples: Access Agreement
Limitation on Claims. Neither Party shall make any Claim against the other in respect of the neglect or default of that Party under the Agreement unless:
(a) notice of the Claim has been given to the other within twelve (12) Months of the occurrence of the event or circumstance out of which such Claim arises; and
(b) the amount of the Claim exceeds ONE HUNDRED FIFTY THOUSAND DOLLARS ($100,000.0050,000.00) in respect of any one event or cause of action or series of related events or causes of action (provided that if this condition is satisfied then the Party may proceed for the full amount of the Claim and is not limited to only so much of the Claim as exceeds the required threshold of ONE HUNDRED FIFTY THOUSAND DOLLARS ($100,000.0050,000.00)).
Appears in 1 contract
Samples: Coal Access Agreement