Limitation on Train Operator’s liability. In relation to any claims for indemnity made by the CVL IM to which this Schedule 9 applies: (a) the Train Operator 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 Train Operator shall have no further liability for it.
Appears in 24 contracts
Samples: Track Access Contract, Track Access Contract, Track Access Contract
Limitation on Train Operator’s liability. In relation to any claims for indemnity made by the CVL IM Network Rail to which this Schedule 9 applies:
(a) the Train Operator 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 Train Operator shall have no further liability for it.
Appears in 10 contracts
Samples: Track Access Contract (Passenger Services), Track Access Contract, Track Access Contract
Limitation on Train Operator’s liability. In relation to any claims for indemnity made by the CVL IM Nexus to which this Schedule 9 applies:
(a) the Train Operator 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 Train Operator shall have no further liability for it.
Appears in 2 contracts
Samples: Access Contract (Freight Services), Access Contract (Freight Services)
Limitation on Train Operator’s liability. In relation to any claims for indemnity made by the CVL IM to which this Schedule 9 applies:
(a) : the Train Operator 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 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 Train Operator shall have no further liability for it.
Appears in 2 contracts
Samples: Unregulated Track Access Agreement, Unregulated Track Access Agreement
Limitation on Train Operator’s liability. In relation to any claims for indemnity made by the CVL IM to which this Schedule 9 applies:
(a) the Train Operator 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 Train Operator shall have no further liability for it.
Appears in 1 contract
Samples: Track Access Contract
Limitation on Train Operator’s liability. 4.1 In relation to any claims for indemnity made by the CVL IM to which this Schedule 9 applies:
(aA) the Train Operator 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 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 Train Operator shall have no further liability for it.
Appears in 1 contract
Samples: Unregulated Track Access Agreement
Limitation on Train Operator’s liability. In relation to any claims for indemnity made by the CVL IM to which this Schedule 9 applies:
(ag) the Train Operator 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
(bh) 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 Train Operator shall have no further liability for it.
Appears in 1 contract
Limitation on Train Operator’s liability. In relation to any claims for indemnity made by the CVL IM to which this Schedule 9 applies:
(a) : the Train Operator 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 Train Operator shall have no further liability for it.
Appears in 1 contract
Samples: Track Access Contract