Common use of Restriction on claims by both parties Clause in Contracts

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)

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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

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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

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