Modification of the Terms. The Terms shall be amended by replacing Paragraph 1.2 of Section 5 of the Terms with the following text: "Subject to paragraph 2 and the other provisions of the Contract, HS1 Ltd shall indemnify the Train Operator against all Relevant Losses resulting from: (a) a failure by HS1 Ltd to comply with its Safety Obligations; (b) any Environmental Damage to HS1 arising: (i) directly from any acts or omissions of HS1 Ltd; (ii) from any Environmental Condition known to have existed prior to 24 June 2009; (c) any damage to the Specified Equipment or other vehicles or things brought onto HS1 in accordance with the permission to use granted by the Contract arising directly from HS1 Ltd’s wilful default, negligence or failure to comply with its obligations under the Contract; and (d) a breach by HS1 Ltd of the Contract."
Appears in 10 contracts
Samples: Framework Track Access Agreement for Passenger Services, Framework Track Access Agreement for Passenger Services, Fourth Supplemental Agreement