Common use of Mutual Releases Clause in Contracts

Mutual Releases. (a) Except for an entitlement to a TOP Rebate under clause 5.4, the Access Holder releases ARTC from any Claims it may have, or Liability incurred by the Access Holder, however arising (including under this agreement, in tort including negligence, or for breach of any statutory duty), relating to: (i) Incidents; (ii) a Path Usage or any part of a Train Path not being made available or an Operator’s Train is not delivered on time to its ultimate or intermediate destination in accordance with the Daily Train Plan; (iii) the use of, or failure to use, Path Usages by the Operator under the Operator Sub-Agreement; (iv) an Operator complying with the terms of its Operator Sub- Agreement, including complying with Instructions and directions from ARTC; (v) any breach by an Operator of the Operator Sub-Agreement as endorsed by the Access Holder; (vi) any breach of this agreement which directly or indirectly causes ARTC to fail to make a Path Usage or Train Path available to the Access Holder (including clauses 4, 8 and 9); or (vii) ARTC relying on any information provided by, or recommendation or opinions, of the HVCCC under clauses 11.5, 11.6, 16.3, 16.4, 16.6 or clause 4 of the Train Path Schedules; unless: (viii) the event giving rise to the Liability is caused by the fraudulent or Wilful Misconduct of ARTC; or (ix) the particular Claim is not able to be excluded or limited pursuant to the provisions of any legislation. (b) To avoid doubt, clause 13.1(a) does not prevent the Access Holder from seeking equitable non-monetary relief, including an injunction or declaration, in relation to a breach or anticipated breach of this agreement by ARTC except that such relief cannot include any form of damages or monetary compensation for a failure to provide a Path Usage or an obligation on ARTC to make a replacement Path Usage available. (c) ARTC releases the Access Holder from: (i) any Claims ARTC may have; or (ii) Liability incurred by ARTC, relating to Incidents unless: (iii) the event giving rise to the Liability is caused by the fraudulent or Wilful Misconduct of the Access Holder; or (iv) the particular Claim is not able to be excluded or limited pursuant to the provisions of any legislation. To avoid doubt, this release does not apply to an Operator (whether or not it is acting as agent of the Access Holder) or any guarantor of an Operator.

Mutual Releases. (a) Except for an entitlement to a TOP Rebate under clause 5.4, the Access Holder releases ARTC from any Claims it may have, or Liability incurred by the Access Holder, however arising (including under this agreement, in tort including negligence, or for breach of any statutory duty), relating to: (i) Incidents; (ii) a Path Usage or any part of a Train Path not being made available or an Operator’s Train is not delivered on time to its ultimate or intermediate destination in accordance with the Daily Train Plan; (iii) the use of, or failure to use, Path Usages by the Operator under the Operator Sub-Agreement; (iv) an Operator complying with the terms of its Operator Sub- Agreement, including complying with Instructions and directions from ARTC; (v) any breach by an Operator of the Operator Sub-Agreement as endorsed by the Access Holder;; or (vi) any breach of this agreement which directly or indirectly causes ARTC to fail to make a Path Usage or Train Path available to the Access Holder (including clauses 4, 8 and 9); or (vii) ARTC relying on any information provided by, or recommendation or opinions, of the HVCCC under clauses 11.5, 11.6, 16.3, 16.4, 16.6 or clause 4 of the Train Path Schedules; unless: (viiivii) the event giving rise to the Liability is caused by the fraudulent or Wilful Misconduct of ARTC; or (ixviii) the particular Claim is not able to be excluded or limited pursuant to the provisions of any legislation. (b) To avoid doubt, clause 13.1(a) does not prevent the Access Holder from seeking equitable non-monetary relief, including an injunction or declaration, in relation to a breach or anticipated breach of this agreement by ARTC except that such relief cannot include any form of damages or monetary compensation for a failure to provide a Path Usage or an obligation on ARTC to make a replacement Path Usage available. (c) ARTC releases the Access Holder from: (i) any Claims ARTC may have; or (ii) Liability incurred by ARTC, relating to Incidents unless: (iii) the event giving rise to the Liability is caused by the fraudulent or Wilful Misconduct of the Access Holder; or (iv) the particular Claim is not able to be excluded or limited pursuant to the provisions of any legislation. To avoid doubt, this release does not apply to an Operator (whether or not it is acting as agent of the Access Holder) or any guarantor of an Operator.

Mutual Releases. (a) Except for an entitlement to a TOP Rebate under clause 5.4, the Access Holder releases ARTC from any Claims it may have, or Liability incurred by the Access Holder, however arising (including under this agreement, in tort including negligence, or for breach of any statutory duty), relating to: (i) Incidents; (ii) a Path Usage or any part of a Train Path not being made available or an Operator’s Train is not delivered on time to its ultimate or intermediate destination in accordance with the Daily Train Plan; (iii) the use of, or failure to use, Path Usages by the Operator under the Operator Sub-Agreement; (iv) an Operator complying with the terms of its Operator Sub- Agreement, including complying with Instructions and directions from ARTC; (v) any breach by an Operator of the Operator Sub-Agreement as endorsed by the Access Holder;; or (vi) any breach of this agreement which directly or indirectly causes ARTC to fail to make a Path Usage or Train Path available to the Access Holder (including clauses 4, 8 and 9); or (vii) ARTC relying on any information provided by, or recommendation or opinions, of the HVCCC under clauses 11.5, 11.6, 16.3, 16.4, 16.6 or clause 4 of the Train Path Schedules; unless: (viiivii) the event giving rise to the Liability is caused by the fraudulent or Wilful Misconduct of ARTC; or (ixviii) the particular Claim is not able to be excluded or limited pursuant to the provisions of any legislation. (b) To avoid doubt, clause 13.1(a13.1(a)(vi) does not prevent the Access Holder from seeking equitable non-monetary relief, including an injunction or declaration, in relation to a breach or anticipated breach of this agreement by ARTC except that such relief cannot include any form of damages or monetary compensation for a failure to provide a Path Usage or an obligation on ARTC to make a replacement Path Usage available. (c) ARTC releases the Access Holder from: (i) any Claims ARTC may have; or (ii) Liability incurred by ARTC, relating to Incidents unless: (iii) the event giving rise to the Liability is caused by the fraudulent or Wilful Misconduct of the Access Holder; or (iv) the particular Claim is not able to be excluded or limited pursuant to the provisions of any legislation. To avoid doubt, this release does not apply to an Operator (whether or not it is acting as agent of the Access Holder) or any guarantor of an Operator.

Mutual Releases. (a) Except for an entitlement to a TOP Rebate under clause 5.4, the Access Holder releases ARTC from any Claims it may have, or Liability incurred by the Access Holder, however arising (including under this agreement, in tort including negligence, or for breach of any statutory duty), relating to: (i) Incidents; (ii) a Path Usage or any part of a Train Path not being made available or an Operator’s Train is not delivered on time to its ultimate or intermediate destination in accordance with the Daily Train Plan; (iii) the use of, or failure to use, Path Usages by the Operator under the Operator Sub-Agreement; (iv) an Operator complying with the terms of its Operator Sub- Agreement, including complying with Instructions and directions from ARTC; (v) any breach by an Operator of the Operator Sub-Agreement as endorsed by the Access Holder;; or (vi) any breach of this agreement which directly or indirectly causes ARTC to fail to make a Path Usage or Train Path available to the Access Holder (including clauses 4, 8 and 9); or (vii) ARTC relying on any information provided by, or recommendation or opinions, of the HVCCC under clauses 11.5, 11.6, 16.3, 16.4, 16.6 or clause 4 of the Train Path Schedules; unless: (viiivii) the event giving rise to the Liability is caused by the fraudulent or Wilful Misconduct of ARTC; or (ixviii) the particular Claim is not able to be excluded or limited pursuant to the provisions of any legislation. (b) To avoid doubt, clause 13.1(a) does not prevent the Access Holder from seeking equitable non-monetary relief, including an injunction or declaration, in relation to a breach or anticipated breach of this agreement by ARTC except that such relief cannot include any form of damages or monetary compensation for a failure to provide a Path Usage or an obligation on ARTC to make a replacement Path Usage available. (c) ARTC releases the Access Holder from: (i) any Claims ARTC may have; or (ii) Liability incurred by ARTC, relating to Incidents unless: (iii) the event giving rise to the Liability is caused by the fraudulent or Wilful Misconduct of the Access Holder; or (iv) the particular Claim is not able to be excluded or limited pursuant to the provisions of any legislation. To avoid doubt, this release does not apply to an Operator (whether or not it is acting as agent of the Access Holder) or any guarantor of an Operator.

Mutual Releases. (a) Except for an entitlement to a TOP Rebate under clause 5.4, the Access Holder releases ARTC from any Claims it may have, or Liability incurred by the Access Holder, however arising (including under this agreement, in tort including negligence, or for breach of any statutory duty), relating to: (i) Incidents; (ii) a Path Usage or any part of a Train Path not being made available or an Operator’s Train is not delivered on time to its ultimate or intermediate destination in accordance with the Daily Train Plan; (iii) the use of, or failure to use, Path Usages by the Operator under the Operator Sub-Agreement; (iv) an Operator complying with the terms of its Operator Sub- Agreement, including complying with Instructions and directions from ARTC; (v) any breach by an Operator of the Operator Sub-Agreement as endorsed by the Access Holder;; or (vi) any breach of this agreement which directly or indirectly causes ARTC to fail to make a Path Usage or Train Path available to the Access Holder (including clauses 4, 8 and 9); or (vii) ARTC relying on any information provided by, or recommendation or opinions, of the HVCCC under clauses 11.5, 11.6, 16.3, 16.4, 16.6 or clause 4 of the Train Path Schedules; unless: (viiivii) the event giving rise to the Liability is caused by the fraudulent or Wilful Misconduct of ARTC; or (ixviii) the particular Claim is not able to be excluded or limited pursuant to the provisions of any legislation. (b) To avoid doubt, clause 13.1(a13.1(a)(vi) does not prevent the Access Holder from seeking equitable non-monetary relief, including an injunction or declaration, in relation to a breach or anticipated breach of this agreement by ARTC except that such relief cannot include any form of damages or monetary compensation for a failure to provide a Path Usage or an obligation on ARTC to make a replacement Path Usage available. (c) ARTC releases the Access Holder from: (i) any Claims ARTC may have; or (ii) Liability incurred by ARTC, relating to Incidents unless: (iii) the event giving rise to the Liability is caused by the fraudulent or Wilful Misconduct of the Access Holder; or (iv) the particular Claim is not able to be excluded or limited pursuant to the provisions of any legislation. To avoid doubt, this release does not apply to an Operator (whether or not it is acting as agent of the Access Holder) or any guarantor of an Operator.