Novation terms. Any novation under clause 15.2 shall be on terms that:
(a) the Train Operator shall not be released from:
(i) any accrued but unperformed obligation;
(ii) the consequences of any breach of this contract which is the subject of any proceedings (arbitral or otherwise) for the resolution of a dispute between the parties; or
(iii) any liability in respect of anything done under this contract before, or as at the date of, any such novation (except to the extent that such other person agrees to assume and be responsible for it); and
(b) such other person shall not be required by Network Rail, as a term of or a condition to the novation, to agree to assume and be responsible for any unperformed obligation, liability or consequence of a breach of the kind referred to in clause 15.3(a), but this shall not prevent any such agreement being a term or condition of the novation if required by the Secretary of State.
Novation terms. Any novation under Clause 15.2 shall be on terms that:
(a) the Train Operator shall not be released from:
(i) any accrued but unperformed obligation;
(ii) the consequences of any breach of this Contract which is the subject of any proceedings (arbitral or otherwise) for the resolution of a dispute between the parties; or
(iii) any liability in respect of anything done under this Contract before, or as at the date of, any such novation (except to the extent that such other person agrees to assume and be responsible for it); and
(b) such other person shall not be required by RfL(I), as a term of or a condition to the novation, to agree to assume and be responsible for any unperformed obligation, liability or consequence of a breach of the kind referred to in Clause 15.3(a), but this shall not prevent any such agreement being a term or condition of the novation if required by TfL (or a subsidiary of TfL, as the case may be).
Novation terms. Any novation under clause 15.2 shall be on terms that:
(a) the Train Operator shall not be released from:
(i) any accrued but unperformed obligation;
(ii) the consequences of any breach of this contract which is the subject of any proceedings (arbitral or otherwise) for the resolution of a dispute between the parties; or
(iii) any liability in respect of anything done under this contract before, or as at the date of, any such novation (except to the extent that such other person agrees to assume and be responsible for it); and
(b) such other person shall not be required by the CVL IM, as a term of or a condition to the novation, to agree to assume and be responsible for any unperformed obligation, liability or consequence of a breach of the kind referred to in clause 15.3(a), but this shall not prevent any such agreement being a term or condition of the novation if required by the Welsh Ministers.
Novation terms. Any novation under Clause 15.2 shall be on terms that:
(a) the Train Operator shall not be released from:
(i) any accrued but unperformed obligation;
(ii) the consequences of any breach of this contract which is the subject of any proceedings (arbitral or otherwise) for the resolution of a dispute between the parties; or
(iii) any liability in respect of anything done under this contract before, or as at the date of, any such novation (except to the extent that such other person agrees to assume and be responsible for it); and
(b) such other person shall not be required by Network Rail, as a term of or a condition to the novation, to agree to assume and be responsible for any unperformed obligation, liability or consequence of a breach of the kind referred to in Clause 15.3(a), but this shall not prevent any such agreement being a term or condition of the novation if required by the Secretary of State or South Yorkshire Mayoral Combined Authority.
1. Not used.
2. An agreement under which the Train Operator agrees to become a party to the Claims Allocation and Handling Agreement and, for the purpose of Schedule 6, the Claims Allocation and Handling Agreement.
3. Tram Train Agreement between (1) South Yorkshire Mayoral Combined Authority and
Novation terms. Any novation under Clause 15.2 shall be on terms that:
(a) the Train Operator shall not be released from:
(i) any accrued but unperformed obligation;
(ii) the consequences of any breach of this contract which is the subject of any proceedings (arbitral or otherwise) for the resolution of a dispute between the parties; or
