Limitation on the CVL IM’s liability. In relation to any claim for indemnity made by the Train Operator to which this Schedule 9 applies: (a) the CVL IM 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 the CVL IM shall have no further liability for it.
Appears in 23 contracts
Samples: Track Access Contract, Track Access Contract, Track Access Contract
Limitation on the CVL IM’s liability. In relation to any claim for indemnity made by the Train Operator to which this Schedule 9 applies:
(a) : the CVL IM shall not be liable to make payments in relation to such claims which are admitted in writing or finally determined in any Contract Financial Year to the extent that its liability for such claims exceeds the Liability Cap for such Contract Financial Year; and
(b) and to the extent that its liability for such claims exceeds the Liability Cap for such Contract Financial Year, any claim for payment of a sum which exceeds such Liability Cap shall be extinguished and the CVL IM shall have no further liability for it.
Appears in 2 contracts
Samples: Unregulated Track Access Agreement, Unregulated Track Access Agreement
Limitation on the CVL IM’s liability. In relation to any claim for indemnity made by the Train Operator to which this Schedule 9 applies:
(a) the CVL IM 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 the CVL IM shall have no further liability for it.
Appears in 1 contract
Samples: Track Access Contract
Limitation on the CVL IM’s liability. 3.1 In relation to any claim for indemnity made by the Train Operator to which this Schedule 9 applies:
(aA) the CVL IM shall not be liable to make payments in relation to such claims which are admitted in writing or finally determined in any Contract Financial Year to the extent that its liability for such claims exceeds the Liability Cap for such Contract Financial Year; and
(bB) to the extent that its liability for such claims exceeds the Liability Cap for such Contract Financial Year, any claim for payment of a sum which exceeds such Liability Cap shall be extinguished and the CVL IM shall have no further liability for it.
Appears in 1 contract
Samples: Unregulated Track Access Agreement
Limitation on the CVL IM’s liability. In relation to any claim for indemnity made by the Train Operator to which this Schedule 9 applies:
(ae) the CVL IM 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
(bf) 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 the CVL IM shall have no further liability for it.
Appears in 1 contract
