No Claim for Consequential Loss. Notwithstanding: (a) how an Incident is caused; (b) that ARTC and/or the Operator is in breach of any duty of care or in breach of this agreement; (c) any other rights that ARTC and/or the Operator may have under this agreement; (d) that ARTC and/or the Operator may be liable to the other for loss or damage other than Consequential Loss, ARTC and the Operator will not make a Claim against the other, and hereby release the other from any Claim, in respect of any Consequential Loss they suffer arising out of any Incident. For the avoidance of doubt, it is agreed that Consequential Loss does not include any liability of ARTC or the Operator to a third party.
Appears in 11 contracts
Samples: Operator Sub Agreement, Operator Sub Agreement, Operator Sub Agreement
No Claim for Consequential Loss. Notwithstanding:
(a) how an Incident is caused;
(b) that ARTC and/or the Operator is in breach of any duty of care or in breach of this agreementAgreement;
(c) any other rights that ARTC and/or the Operator may have under this agreementAgreement;
(d) that ARTC and/or the Operator may be liable to the other for loss Loss or damage Damage other than Consequential Loss, ARTC and the Operator will not make a Claim against the other, and hereby release the other from any Claim, in respect of any Consequential Loss they suffer arising out of any Incident. For the avoidance of doubt, it is agreed that Consequential Loss does not include any liability of ARTC or the Operator to a third party.
Appears in 1 contract
Samples: Track Access Agreement
No Claim for Consequential Loss. Notwithstanding:
(a) how an Incident is caused;
(b) that ARTC and/or the Operator is in breach of any duty of care or in breach of this agreementAgreement;
(c) any other rights that ARTC and/or the Operator may have under this agreementAgreement;
(d) that ARTC and/or the Operator may be liable to the other for loss other Loss or damage Damage other than Consequential Loss, ARTC and the Operator will not make a Claim against the other, and hereby release the other from any Claim, in respect of any Consequential Loss they suffer arising out of any Incident. For the avoidance of doubt, it is agreed that Consequential Loss does not include any liability of ARTC or the Operator to a third party.
Appears in 1 contract
Samples: Track Access Agreement
No Claim for Consequential Loss. Notwithstanding:
(a) how an Incident is caused;
(b) that ARTC and/or the Operator is in breach of any duty of care or in breach of this agreementAgreementagreement;
(c) any other rights that ARTC and/or the Operator may have under this agreementAgreementagreement;
(d) that ARTC and/or the Operator may be liable to the other for loss or damage other than Consequential Loss, ARTC and the Operator will not make a Claim against the other, and hereby release the other from any Claim, in respect of any Consequential Loss they suffer arising out of any Incident. For the avoidance of doubt, it is agreed that Consequential Loss does not include any liability of ARTC or the Operator to a third party.
Appears in 1 contract
Samples: Operator Sub Agreement
No Claim for Consequential Loss. Notwithstanding:
(a) how an Incident is caused;
(b) that ARTC and/or the Operator is in breach of any duty of care or in breach of this agreementAgreement;
(c) any other rights that ARTC and/or the Operator may have under this agreementAgreement;
(d) that ARTC and/or the Operator may be liable to the other for loss or damage other than Consequential Loss, ARTC and the Operator will not make a Claim against the other, and hereby release the other from any Claim, in respect of any Consequential Loss they suffer arising out of any Incident. For the avoidance of doubt, it is agreed that Consequential Loss does not include any liability of ARTC or the Operator to a third party.
Appears in 1 contract
Samples: Operator Sub Agreement
No Claim for Consequential Loss. Notwithstanding:
(a) how an Incident is caused;
(b) that ARTC and/or the Operator is in breach of any duty of care or in breach of this agreementAgreement;
(c) any other rights that ARTC and/or the Operator may have under this agreementAgreement;
(d) that ARTC and/or the Operator may be liable to the other for other loss Loss or damage Damage other than Consequential Loss, ARTC and the Operator will not make a Claim against the other, and hereby release the other from any Claim, in respect of any Consequential Loss they suffer arising out of any Incident. For the avoidance of doubt, it is agreed that Consequential Loss does not include any liability of ARTC or the Operator to a third party.
Appears in 1 contract
Samples: Track Access Agreement