Restriction on claims by both parties. Any claim for indemnity for Relevant Losses shall exclude Relevant Losses which: (a) do not arise naturally from the breach; and (b) were not, or may not reasonably be supposed to have been, within the contemplation of the parties: (i) at the time of the making of this contract; or (ii) where the breach relates to a modification or amendment to this contract, at the time of the making of such modification or amendment, as the probable result of the breach.
Appears in 126 contracts
Samples: Track Access Contract, Track Access Contract (Freight Services), Track Access Contract (Passenger Services)
Restriction on claims by both parties. Any claim for indemnity for Relevant Losses shall exclude Relevant Losses which:
(a) do not arise naturally from the breach; and
(b) were not, or may not reasonably be supposed to have been, within the contemplation of the parties:
(i) at the time of the making of this contractContract; or
(ii) where the breach relates to a modification or amendment to this contractContract, at the time of the making of such modification or amendment, as the probable result of the breach.
Appears in 9 contracts
Samples: Track Access Contract, Track Access Contract, Track Access Contract
Restriction on claims by both parties. Any claim for indemnity for Relevant Losses shall exclude Relevant Losses which:
(a) do not arise naturally from the breach; andand
(b) were not, or may not reasonably be supposed to have been, within the contemplation of the parties:parties:
(i) at the time of the making of this contract; oror
(ii) where the breach relates to a modification or amendment to this contract, at the time of the making of such modification or amendment, amendment, as the probable result of the breach.
Appears in 2 contracts
Samples: Track Access Contract, Track Access Contract
Restriction on claims by both parties. Any claim for in relation to a breach of this Agreement or under an indemnity for Relevant Losses shall exclude Relevant Losses which:
(a) do not arise naturally from the breach; and
(b) were not, or may not reasonably be supposed to have been, within the contemplation of the parties:
(i) at the time of the making of this contractAgreement; or
(ii) where the breach relates to a modification or amendment to this contractAgreement, at the time of the making of such modification or amendment, as the probable result of the breach.
Appears in 2 contracts
Samples: Rail Network Connection Agreement, Rail Network Connection Agreement
Restriction on claims by both parties. Any claim for indemnity for Relevant Losses shall exclude Relevant Losses which:
(a) do not arise naturally from the breach; and
(b) were not, or may not reasonably be supposed to have been, within the contemplation of the partiesParties:
(i) at the time of the making of this contract; or
(ii) where the breach relates to a modification or amendment to this contract, at the time of the making of such modification or amendment, as the probable result of the breach.
Appears in 1 contract
Samples: Connection Contract
Restriction on claims by both parties. Any claim for indemnity for Relevant Losses shall exclude Relevant Losses which:
(a) do not arise naturally from the breach; and
(b) were not, or may not reasonably be supposed to have been, within the contemplation of the parties:
(i) $ at the time of the making of this contract; or
(ii) $ where the breach relates to a modification or amendment to this contract, at the time of the making of such modification or amendment, as the probable result of the breach.
Appears in 1 contract
Samples: Track Access Contract
Restriction on claims by both parties. Any claim for indemnity for Relevant Losses shall exclude Relevant Losses which:
(a) do not arise naturally from the breach; and
(b) were not, or may not reasonably be supposed to have been, within the contemplation of the partiesParties:
(i) at the time of the making of this contract; or
(ii) where the breach relates to a modification or amendment to this contract, at the time of the making of such modification or amendment, as the probable result of the breach.; or
Appears in 1 contract
Samples: Connection Contract
Restriction on claims by both parties. Any claim for indemnity for Relevant Losses shall exclude Relevant Losses which:
(a) do not arise naturally from the breach; and
(b) were not, or may not reasonably be supposed to have been, within the contemplation of the parties:
(i) at the time of the making of this contract; or
(ii) where the breach relates to a modification or amendment to this contract, at the time of the making of such modification or amendment, as the probable result of the breach.,
Appears in 1 contract
Samples: Track Access Contract
Restriction on claims by both parties. Any claim for indemnity for Relevant Losses shall exclude Relevant Losses which:
(a) do not arise naturally from the breach; and
(b) were not, or may not reasonably be supposed to have been, within the contemplation of the partiesParties:
(i) at the time of the making of this contract; or
(ii) where the breach relates to a modification or amendment to this contract, at the time of the making of such modification or amendment, as the probable result of the breach; or
(c) fall within Condition L1 of the Depot Access Conditions.
Appears in 1 contract
Samples: Connection Contract