Common use of Restrictions on claims by Network Rail Clause in Contracts

Restrictions on claims by Network Rail. Any claim by Network Rail against the Train Operator for indemnity for Relevant Losses: shall exclude payments to any person under or in accordance with the provisions of any Access Agreement other than any such payments which are for obligations to compensate for damage to property, and so that any claim for indemnity under this contract for such payments for damage to property, in relation to any incident, shall be limited to: the maximum amount for which the Train Operator would be liable for such damage in accordance with the Claims Allocation and Handling Agreement; less any other compensation which the Train Operator has an obligation to pay for such damage; shall exclude loss of revenue in respect of permission to use any part of the Network under or in accordance with any Access Agreement with any person; and shall: include Relevant Losses only to the extent that these constitute amounts which Network Rail would not have incurred as network owner and operator but for the relevant breach; and give credit for any savings to Network Rail which result or are likely to result from the incurring of such amounts.

Restrictions on claims by Network Rail. Any claim by Network Rail against the Train Operator for indemnity for Relevant Losses: shall exclude any Relevant Losses to the extent that they result from a cancellation of or a delay in commencement to a Restriction of Use; and shall exclude payments to any person under or in accordance with the provisions of any Access Agreement other than any such payments which are for obligations to compensate for damage to property, and so that any claim for indemnity under this contract for such payments for damage to property, in relation to any incident, shall be limited to: the maximum amount for which the Train Operator would be liable for such damage in accordance with the Claims Allocation and Handling Agreement; less any other compensation which the Train Operator has an obligation to pay for such damage; shall exclude loss of revenue in respect of permission to use any part of the Network under or in accordance with any Access Agreement with any person; and shall: include Relevant Losses only to the extent that these constitute amounts which Network Rail would not have incurred as network owner and operator but for the relevant breach; and give credit for any savings to Network Rail which result or are likely to result from the incurring of such amounts.