Notification and Mitigation. A party wishing to claim under any indemnity provided for in this contract: (a) 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 (b) 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 (c) shall not be required to exercise any specific remedy available to it under this contract.
Appears in 13 contracts
Samples: Track Access Contract, Access Contract (Freight Services), Access Contract (Freight Services)
Notification and Mitigation. A party wishing to claim under any indemnity provided for in this contract:
(a) 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
(b) subject to Clause 11.1(c), shall take all reasonable steps to prevent, mitigate, mitigate and restrict the circumstances giving rise to that claim and any Relevant Losses connected with that claim; but
(c) shall not be required to exercise any specific remedy available to it under this contract.
Appears in 5 contracts
Samples: Track Access Contract, Track Access Contract, Track Access Contract
Notification and Mitigation. A party wishing to claim under any indemnity provided for in this contract:
(a) 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
(b) subject to Clause 11.1(c), shall take all reasonable steps to prevent, mitigate, defend and restrict the circumstances giving rise to that claim and any Relevant Losses connected with that claim; but
(c) shall not be required to exercise any specific remedy available to it under this contract.
Appears in 3 contracts
Samples: Track Access Contract, Track Access Contract, Track Access Contract
Notification and Mitigation. A party wishing to claim under any indemnity provided for in this contract:
(a) 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
(b) subject to Clause 11.1(c), shall take all reasonable steps to prevent, mitigate, mitigate and restrict the circumstances giving rise to that claim and any Relevant Losses connected with that claim; but
(c) 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
Notification and Mitigation. A party wishing to claim under any indemnity provided for in this contract:
(a) 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
(b) subject to Clause 11.1(c), shall take all reasonable steps to prevent, mitigate, defend and restrict the circumstances giving rise to that claim and any Relevant Losses connected with that claim; but
(c) shall not be required to exercise any specific remedy available to it under this contract.
Appears in 1 contract
Samples: Track Access Contract
Notification and Mitigation. A party wishing to claim under any indemnity provided for in this contract:
(a) 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); andand
(b) subject to Clause clause 11.1(c), shall take all reasonable steps to prevent, mitigate, mitigate and restrict the circumstances giving rise to that claim and any Relevant Losses connected with that claim; butbut
(c) shall not be required to exercise any specific remedy available to it under this contract.contract.
Appears in 1 contract
Samples: Track Access Contract