Common use of Limitation on Freight Customer's liability Clause in Contracts

Limitation on Freight Customer's liability. In relation to any claims for indemnity made by Network Rail to which this Schedule 9 applies: (a) the Freight Customer shall not be liable to make payments in relation to such claims which are admitted in writing or finally determined in any Contract Year to the extent that its liability for such claims exceeds the Liability Cap for such Contract Year; and (b) to the extent its liability for such claims exceeds the Liability Cap for such Contract Year, any claim for payment of a sum which exceeds such Liability Cap shall be extinguished and the Freight Customer shall have no further liability for it.

Limitation on Freight Customer's liability. In relation to any claims for indemnity made by Network Rail to which this Schedule 9 applies: (a) : the Freight Customer shall not be liable to make payments in relation to such claims which are admitted in writing or finally determined in any Contract Year to the extent that its liability for such claims exceeds the Liability Cap for such Contract Year; and (b) to the extent its liability for such claims exceeds the Liability Cap for such Contract Year, any claim for payment of a sum which exceeds such Liability Cap shall be extinguished and the Freight Customer shall have no further liability for it.