Common use of Limitation on Train Operator’s liability Clause in Contracts

Limitation on Train Operator’s liability. In relation to any claims for indemnity made by the CVL IM to which this Schedule 9 applies: 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 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. Disapplication of limitation To the extent that any Relevant Losses: result from a conscious and intentional breach by a party; or are in respect of obligations to compensate any person for liability for death or personal injury, whether resulting from the negligence of a party or the negligence of any of its officers, employees or agents or from a failure by a party to comply with its Safety Obligations, such Relevant Losses: shall not be subject to the limitation of liability in Schedule 9; and shall not be taken into account when calculating the amount of Relevant Losses in respect of claims admitted or finally determined in a Contract Year for the purposes of the limitations of liability in this Schedule 9. Exclusion of legal and other costs The limits on the parties' liabilities provided for in paragraphs 3 and 4 shall not apply to costs incurred in recovering any amount under a relevant claim, including legal, arbitral and other professional fees and expenses. Exclusion of certain Relevant Losses A party shall have no claim for Relevant Losses to the extent that such Relevant Losses result from its own negligence or breach of this contract. Continuing breaches Nothing in this Schedule 9 shall prevent a party making a new claim for indemnity in respect of a continuing breach of contract which: is a continuing breach of contract which continues for more than 12 months; is a continuing breach of contract which continues beyond a period within which it might reasonably be expected to have been remedied; or is a breach of a Performance Order in relation to a breach of contract, but any such new claim shall not include any sum which was the subject matter of a previous claim and was extinguished by virtue of paragraph 3(b) or 4(b).

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: 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 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. Disapplication of limitation To the extent that any Relevant Losses: result from a conscious and intentional breach by a party; or are in respect of obligations to compensate any person for liability for death or personal injury, whether resulting from the negligence of a party or the negligence of any of its officers, employees or agents or from a failure by a party to comply with its Safety Obligations, such Relevant Losses: shall not be subject to the limitation of liability in Schedule 9; and shall not be taken into account when calculating the amount of Relevant Losses in respect of claims admitted or finally determined in a Contract Year for the purposes of the limitations of liability in this Schedule 9. Exclusion of legal and other costs The limits on the parties' ’ liabilities provided for in paragraphs 3 and 4 shall not apply to costs incurred in recovering any amount under a relevant claim, including legal, arbitral and other professional fees and expenses. Exclusion of certain Relevant Losses A party shall have no claim for Relevant Losses to the extent that such Relevant Losses result from its own negligence or breach of this contract. Continuing breaches Nothing in this Schedule 9 shall prevent a party making a new claim for indemnity in respect of a continuing breach of contract which: is a continuing breach of contract which continues for more than 12 months; is a continuing breach of contract which continues beyond a period within which it might reasonably be expected to have been remedied; or is a breach of a Performance Order in relation to a breach of contract, but any such new claim shall not include any sum which was the subject matter of a previous claim and was extinguished by virtue of paragraph 3(b) or 4(b).

Limitation on Train Operator’s liability. In relation to any claims for indemnity made by the CVL IM to which this Schedule 9 applies: 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 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. Disapplication of limitation To the extent that any Relevant Losses: result from a conscious and intentional breach by a party; or are in respect of obligations to compensate any person for liability for death or personal injury, whether resulting from the negligence of a party or the negligence of any of its officers, employees or agents or from a failure by a party to comply with its Safety Obligations, such Relevant Losses: shall not be subject to the limitation of liability in Schedule 9; and shall not be taken into account when calculating the amount of Relevant Losses in respect of claims admitted or finally determined in a Contract Year for the purposes of the limitations of liability in this Schedule 9. Exclusion of legal and other costs The limits on the parties' ’ liabilities provided for in paragraphs 3 and 4 shall not apply to costs incurred in recovering any amount under a relevant claim, including legal, arbitral and other professional fees and expenses. Exclusion of certain Relevant Losses A party shall have no claim for Relevant Losses to the extent that such Relevant Losses result from its own negligence or breach of this contract. Continuing breaches Nothing in this Schedule 9 shall prevent a party making a new claim for indemnity in respect of a continuing breach of contract which: is a continuing breach of contract which continues for more than 12 months; is a continuing breach of contract which continues beyond a period within which it might reasonably be expected to have been remedied; or is a breach of a Performance Order in relation to a breach of contract, but any such new claim shall not include any sum which was the subject matter of a previous claim and was extinguished by virtue of paragraph 3(b) or 4(b).

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: 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 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. Disapplication of limitation To the extent that any Relevant Losses: result from a conscious and intentional breach by a party; or are in respect of obligations to compensate any person for liability for death or personal injury, whether resulting from the negligence of a party or the negligence of any of its officers, employees or agents or from a failure by a party to comply with its Safety Obligations, such Relevant Losses: shall not be subject to the limitation of liability in Schedule 9; and shall not be taken into account when calculating the amount of Relevant Losses in respect of claims admitted or finally determined in a Contract Year for the purposes of the limitations of liability in this Schedule 9. Exclusion of legal and other costs The limits on the parties' liabilities provided for in paragraphs 3 and 4 shall not apply to costs incurred in recovering any amount under a relevant claim, including legal, arbitral and other professional fees and expenses. Exclusion of certain Relevant Losses A party shall have no claim for Relevant Losses to the extent that such Relevant Losses result from its own negligence or breach of this contract. Continuing breaches Nothing in this Schedule 9 shall prevent a party making a new claim for indemnity in respect of a continuing breach of contract which: is a continuing breach of contract which continues for more than 12 months; is a continuing breach of contract which continues beyond a period within which it might reasonably be expected to have been remedied; or is a breach of a Performance Order in relation to a breach of contract, but any such new claim shall not include any sum which was the subject matter of a previous claim and was extinguished by virtue of paragraph 3(b) or 4(b).