Restrictions on claims by Network Rail. Any claim by Network Rail against the Freight Customer for indemnity for Relevant Losses: (a) 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; (b) [Not used]; (c) 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 (including any Operator Access Agreement); and (d) 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.
Appears in 8 contracts
Samples: Freight Customer Track Access Contract, Freight Customer Track Access Contract, Freight Customer Track Access Contract
