Restrictions on claims by Network Rail. Any claim by Network Rail against the Train Operator for indemnity for Relevant Losses: (a) 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: (i) the maximum amount for which the Train Operator would be liable for such damage in accordance with the Claims Allocation and Handling Agreement; less (ii) any other compensation which the Train Operator has an obligation to pay for such damage; (b) 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
Appears in 6 contracts
Samples: Track Access Contract, Track Access Contract, Track Access Contract
