Common use of Restrictions on claims by RfL Clause in Contracts

Restrictions on claims by RfL. (I) (a) shall exclude payments to any person (other than the Train Operator) under or in accordance with the provisions of any Access Agreement with such person 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 any Relevant Losses to the extent they result from a cancellation of or a delay in commencement of a Restriction of Use, save where such cancellation or delay is attributable to the Train Operator; and (c) shall: (i) include Relevant Losses only to the extent that these constitute amounts which RfL(I) would not have incurred as network owner and operator but for the relevant breach; and (ii) give credit for any savings to RfL(I) which result or are likely to result from the incurring of such amounts.

Restrictions on claims by RfL. (I) (a) shall exclude payments to any person (other than the Train Operator) under or in accordance with the provisions of any Access Agreement with such person 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 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 any Relevant Losses to the extent they result from a cancellation of or a delay in commencement of a Restriction of Use, save where such cancellation or delay is attributable to the Train Operator; and (c) shall: (i) include Relevant Losses only to the extent that these constitute amounts which RfL(I) would not have incurred as network owner and operator but for the relevant breach; and (ii) give credit for any savings to RfL(I) which result or are likely to result from the incurring of such amounts.