Nature and extent of relief for Force Majeure. Force Majeure relief under this clause 17: (a) extinguishes the obligation of the Affected Party to indemnify the other party under clause 8.2 in respect of Relevant Losses sustained as a result of the failure of the Affected Party to perform a Relevant Obligation; but (b) is not available in respect of: (i) any obligation to pay money under Schedule 4, Schedule 5, Schedule 7 and Schedule 8 or the Traction Electricity Rules; or (ii) any other obligation to do or refrain from doing any other thing provided for in this contract; and (c) is only available in relation to a failure to perform an obligation under the Network Code to the extent (including as to time and conditions) that the Network Code so provides.
Appears in 30 contracts
Samples: Track Access Contract (Passenger Services), Track Access Contract (Passenger Services), Track Access Contract (Passenger Services)
Nature and extent of relief for Force Majeure. Force Majeure relief under this clause Clause 17:
(a) extinguishes the obligation of the Affected Party to indemnify the other party under clause Clause 8.2 in respect of Relevant Losses sustained as a result of the failure of the Affected Party to perform a Relevant Obligation; but
(b) is not available in respect of:
(i) any obligation to pay money under Schedule 4, Schedule 5, Schedule 7 and Schedule 8 or the Traction Electricity Rules8; or
(ii) any other obligation to do or refrain from doing any other thing provided for in this contract; and
(c) is only available in relation to a failure to perform an obligation under the Network Code to the extent (including as to time and conditions) that the Network Code so provides.
Appears in 7 contracts
Samples: Track Access Contract, Track Access Contract, Track Access Contract
Nature and extent of relief for Force Majeure. Force Majeure relief under this clause Clause 17:
(a) extinguishes the obligation of the Affected Party to indemnify the other party under clause Clause 8.2 in respect of Relevant Losses sustained as a result of the failure of the Affected Party to perform a Relevant Obligation; but
(b) is not available in respect of:
(i) any obligation to pay money under Schedule 4, Schedule 5, Schedule 7 and Schedule 8 or the Traction Electricity Rules8; or
(ii) any other obligation to do or refrain from doing any other thing provided for in this contract; and
(c) is only available in relation to a failure to perform an obligation under the CVL Network Code to the extent (including as to time and conditions) that the CVL Network Code so provides.
Appears in 5 contracts
Samples: Track Access Contract, Track Access Contract, Track Access Contract
Nature and extent of relief for Force Majeure. Force Majeure relief under this clause 17:
(a) extinguishes the obligation of the Affected Party to indemnify the other party under clause 8.2 in respect of Relevant Losses sustained as a result of the failure of the Affected Party to perform a Relevant Obligation; but
(b) is not available in respect of:
(i) any obligation to pay money under Schedule 4, Schedule 5, Schedule 7 6, Schedule 7, Schedule 8 and Schedule 8 or the Traction Electricity Rules11; or
(ii) any other obligation to do or refrain from doing any other thing provided for in this contract; and
(c) is only available in relation to a failure to perform an obligation under the Network Code to the extent (including as to time and conditions) that the Network Code so provides.
Appears in 3 contracts
Samples: Track Access Contract, Track Access Contract, Track Access Contract
Nature and extent of relief for Force Majeure. Force Majeure relief under this clause Clause 17:
(a) extinguishes the obligation of the Affected Party to indemnify the other party under clause Clause 8.2 in respect of Relevant Losses sustained as a result of the failure of the Affected Party to perform a Relevant Obligation; but
(b) is not available in respect of:
(i) any obligation to pay money under Schedule 4, Schedule 5, Schedule 7 and Schedule 8 or the Traction Electricity Rules; or
(ii) any other obligation to do or refrain from doing any other thing provided for in this contract; and
(c) is only available in relation to a failure to perform an obligation under the Network Code to the extent (including as to time and conditions) that the Network Code so provides.
Appears in 1 contract
Samples: Track Access Contract
Nature and extent of relief for Force Majeure. Force Majeure relief under this clause 17:
(a) extinguishes the obligation of the Affected Party to indemnify the other party under clause 8.2 in respect of Relevant Losses sustained as a result of the failure of the Affected Party to perform a Relevant Obligation; butbut
(b) is not available in respect of:of:
(i) any obligation to pay money under Schedule 4, Schedule 5, 5, Schedule 7 and Schedule 8 or the Traction Electricity Rules; or
(ii) any other obligation to do or refrain from doing any other thing provided for in this contract; andand
(c) is only available in relation to a failure to perform an obligation under the Network Code to the extent (including as to time and conditions) that the Network Code so provides.provides.
Appears in 1 contract
Samples: Track Access Contract