Common use of Limitation on Network Rail’s liability Clause in Contracts

Limitation on Network Rail’s liability. In relation to any claim for indemnity made by the Train Operator to which this Schedule 9 applies: (a) Network Rail 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 that 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 Network Rail shall have no further liability for it.

Limitation on Network Rail’s liability. In relation to any claim for indemnity made by the Train Operator Freight Customer to which this Schedule 9 applies: (a) Network Rail 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 that 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 Network Rail shall have no further liability for it.

Limitation on Network Rail’s liability. In relation to any claim for indemnity made by the Train Operator Adjacent Facility Owner to which this Schedule 9 5 applies: (a) Network Rail 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 that 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 Network Rail shall have no further liability for it.

Limitation on Network Rail’s liability. In relation to any claim for indemnity made by the Train Operator to which this Schedule 9 applies: (a) : Network Rail 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) and to the extent that 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 Network Rail shall have no further liability for it.

Limitation on Network Rail’s liability. In relation to any claim for indemnity made by the Train Operator Freight Customer to which this Schedule 9 applies: (a) : Network Rail 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) and to the extent that 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 Network Rail shall have no further liability for it.

Limitation on Network Rail’s liability. In relation to any claim for indemnity made by the Train Operator Operator, or any claim by the Freight Customer against Network Rail in respect of its rights under Clause 18.7.4 (a "Third Party Rights Claim"), in each case to which this Schedule 9 applies: (a) : Network Rail shall not be liable to make payments in relation to any such claims claim which are is admitted in writing or finally determined in any Contract Year to the extent that its liability for any such claims claim exceeds the Aggregate Liability Cap for such Contract Year; and (b) to the extent that 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 Network Rail shall have no further liability for it.

Limitation on Network Rail’s liability. In relation to any claim for indemnity made by the Train Operator to which this Schedule 9 applies: (a) : Network Rail 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 that 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 Network Rail shall have no further liability for it.

Limitation on Network Rail’s liability. In relation to any claim for indemnity made by the Train Operator to which this Schedule 9 applies:‌ (a) Network Rail 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 that 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 Network Rail shall have no further liability for it.

Limitation on Network Rail’s liability. In relation to any claim for indemnity made by the Train Operator Freight Customer to which this Schedule 9 applies: (a) : Network Rail 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 that 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 Network Rail shall have no further liability for it.