Common use of Network Rail indemnity Clause in Contracts

Network Rail indemnity. Network Rail shall indemnify the Train Operator against all Relevant Losses resulting from: a failure by Network Rail to comply with its Safety Obligations; any Environmental Damage to the Network arising directly from any acts or omissions of the British Railways Board prior to 1 April 1994 and any Environmental Damage arising directly from the acts or omissions of Network Rail; and any damage to the Specified Equipment or other vehicles or things brought on to the Network in accordance with the permission to use granted by this contract arising directly from Network Rail’s negligence. Restrictions on claims A party wishing to claim under any indemnity provided for in this contract: shall notify the other party of the relevant circumstances giving rise to that claim as soon as reasonably practicable after first becoming aware of those circumstances (and in any event within 365 days of first becoming so aware); and subject to Clause 11.1(c), shall take all reasonable steps to prevent, mitigate and restrict the circumstances giving rise to that claim and any Relevant Losses connected with that claim; but shall not be required to exercise any specific remedy available to it under this contract.

Appears in 2 contracts

Samples: Track Access Contract, Track Access Contract

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Network Rail indemnity. Network Rail shall indemnify the Train Operator against all Relevant Losses resulting from: a failure by Network Rail to comply with its Safety Obligations; any Environmental Damage to the Network arising directly from any acts or omissions of the British Railways Board prior to 1 April 1994 and any Environmental Damage arising directly from the acts or omissions of Network Rail; and any damage to the Specified Equipment or other vehicles or things brought on to onto the Network in accordance with the permission to use granted by this contract arising directly from Network Rail’s 's negligence. Restrictions on claims A party wishing to claim under any indemnity provided for in this contract: shall notify the other party of the relevant circumstances giving rise to that claim as soon as reasonably practicable after first becoming aware of those circumstances (and in any event within 365 days of first becoming so aware); and subject to Clause 11.1(c), shall take all reasonable steps to prevent, mitigate and restrict the circumstances giving rise to that claim and any Relevant Losses connected with that claim; but shall not be required to exercise any specific remedy available to it under this contract.

Appears in 2 contracts

Samples: Track Access Contract, Track Access Contract

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Network Rail indemnity. Network Rail shall indemnify the Train Operator against all Relevant Losses resulting from: a failure by Network Rail to comply with its Safety Obligations; any Environmental Damage to the Network arising directly from any acts or omissions of the British Railways Board prior to 1 April 1994 and any Environmental Damage arising directly from the acts or omissions of Network Rail; and any damage to the Specified Equipment or other vehicles or things brought on to onto the Network in accordance with the permission to use granted by this contract arising directly from Network Rail’s negligence. Restrictions on claims A party wishing to claim under any indemnity provided for in this contract: shall notify the other party of the relevant circumstances giving rise to that claim as soon as reasonably practicable after first becoming aware of those circumstances (and in any event within 365 days of first becoming so aware); and subject to Clause clause 11.1(c), shall take all reasonable steps to prevent, mitigate and restrict the circumstances giving rise to that claim and any Relevant Losses connected with that claim; but shall not be required to exercise any specific remedy available to it under this contract.

Appears in 1 contract

Samples: Track Access Contract

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