Responsibilities and Compensation. A party is only liable to the other party to the extent that an injury is caused by negligence or willful misconduct by the tortfeasor, or in accordance with the general rules of Danish law for non-participation in the proper fulfilment of the contract. In other respects, the general rules of Danish law apply. The designated railway undertaking is liable for damage to the railway infrastructure incurred in connection with its traffic or other use of services. Neither Banedanmark nor the applicant shall be held liable to the other party under this contract insofar as the liability is due to circumstances beyond the party's control and which the party should not have taken into account at the signing of the contract, or should have avoided or overcome. The party wishing to invoke force majeure shall without undue delay notify the other party in writing of the occurrence and termination of the event. The parties shall seek to mitigate or prevent the event, damage or delay in accordance with Danish laws on the duty of mitigation.
Appears in 2 contracts
Samples: Agreement on Reservation of Infrastructure Capacity (Paths), Agreement on Reservation of Infrastructure Capacity (Paths)
Responsibilities and Compensation. A party is only liable to the other party to the extent that an injury is caused by negligence or willful misconduct by the tortfeasor, or in accordance with the general rules of Danish law for non-participation in the proper fulfilment of the contract. In other respects, the general rules of Danish law apply. The designated railway undertaking is liable for damage to the railway infrastructure incurred caused in connection with its traffic or other use of services. Neither Banedanmark nor the applicant shall be held liable to the other party under this contract insofar as the liability is due to circumstances beyond the party's control and which the party should not have taken into account at the signing of the contract, or should have avoided or overcome. The party wishing to invoke force majeure shall without undue delay notify the other party in writing of the occurrence and termination of the event. The parties shall seek to mitigate or prevent the event, damage or delay in accordance with Danish laws on the duty of mitigation.
Appears in 2 contracts
Samples: Agreement on Reservation of Infrastructure Capacity (Paths), Agreement on Reservation of Infrastructure Capacity (Paths)