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 Adjacent Facility Owner for indemnity for Relevant Losses: (a) shall exclude payments to any person under or in accordance with the provisions of any access contract; (b) shall exclude loss of revenue in respect of permission to use any part of the NR Network under or in accordance with any access contract with any person; and (c) shall: (i) 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 (ii) 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 Adjacent Facility Owner for AKIL in relation to a breach of this Agreement or under an indemnity for Relevant Losses: (a) shall exclude payments to any person under or in accordance with the provisions of any access contract; (b) shall exclude loss of revenue in respect of permission to use any part of the NR Network under or in accordance with any access contract with any person; and (c) shall: (i) 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 breachbreach or negligence; and (ii) 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 Adjacent Facility Owner Freight Customer for indemnity for Relevant Losses: (a) : shall exclude payments any Relevant Losses to any person under the extent that they result from a cancellation of or a delay in accordance with the provisions commencement to a Restriction of any access contract; (b) Use; [Not used]; shall exclude loss of revenue in respect of permission to use any part of the NR Network under or in accordance with any access contract Access Agreement with any personperson (including any Operator Access Agreement); and (c) and shall: (i) : 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 (ii) 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 Adjacent Facility Owner for indemnity for Relevant Losses:‌ (a) shall exclude payments any Relevant Losses to any person under the extent that they result from a cancellation of or a delay in accordance with the provisions commencement to a Restriction of any access contractUse; (b) [Not used]; (c) shall exclude loss of revenue in respect of permission to use any part of the NR Network under or in accordance with any access contract Access Agreement with any personperson (including any Operator Access Agreement); and (cd) shall: (i) 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 (ii) give credit for any savings to Network Rail which result or are likely to result from the incurring of such amounts.