Common use of Operator Restriction of Use Clause in Contracts

Operator Restriction of Use. The CVL IM shall not be obliged to make any payments to the Train Operator for any one or more Restrictions of Use to the extent: (a) required as a result of any damage to the CVL or Environmental Damage which in each case: (i) arises wholly or mainly from the operations of the Train Operator or its failure to comply with its obligations under this contract; and (ii) the CVL IM demonstrates is in excess of fair wear and tear arising from use of the CVL by the Train Operator; (b) requested by the Train Operator (other than for the purposes of inspection, maintenance, renewal or repair of the CVL); or (c) required in connection with a CVL Network Change proposed by the Train Operator under Condition G3 of the CVL Network Code; or (d) that the Restriction of Use is within the Possessions Allowance.