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,