Restrictions on claims by Train Operator. Any claim by the Train Operator against Network Rail for indemnity for Relevant Losses:
Restrictions on claims by Train Operator. Any claim by the Train Operator against the CVL IM for indemnity for Relevant Losses:
Restrictions on claims by Train Operator. Any claim by the Train Operator against the CVL IM for indemnity for Relevant Losses: shall exclude any Relevant Losses to the extent that they result from delays to or cancellations of trains; and shall: include Relevant Losses only to the extent that these constitute amounts which the Train Operator would not have incurred as train operator but for the relevant breach; and give credit for any savings to the Train Operator which result or are likely to result from the incurring of such amounts. Restriction on claims by both parties Any claim for indemnity for Relevant Losses shall exclude Relevant Losses which: do not arise naturally from the breach; and were not, or may not reasonably be supposed to have been, within the contemplation of the parties: at the time of the making of this contract; or where the breach relates to a modification or amendment to this contract, at the time of the making of such modification or amendment, as the probable result of the breach.
Restrictions on claims by Train Operator. Any claim by the Train Operator against Nexus for indemnity for Relevant Losses:
Restrictions on claims by Train Operator. The Train Operator shall not be entitled to make a claim for Relevant Losses pursuant to this paragraph 18: if and to the extent that it has previously recovered those Relevant Losses whether under this paragraph 18 or otherwise; or in relation to any Calculation Term or part of it that precedes the Transition Date as referred to in clause 19. SPP Indexation SPP Indexation Each value specified in Appendix 3, expressed in pounds sterling and rounded to two decimal places, shall be multiplied by the SPP indexation figure for the Relevant Year.
Restrictions on claims by Train Operator. Any claim by the Train Operator against Network Rail for indemnity for Relevant Losses: shall exclude any Relevant Losses to the extent that they result from delays to or cancellations of trains (other than delays or cancellations in circumstances in which there has been a failure to achieve a Class A Local Output); and shall: include Relevant Losses only to the extent that these constitute amounts which the Train Operator would not have incurred as train operator but for the relevant breach; and give credit for any savings to the Train Operator which result or are likely to result from the incurring of such amounts. Restriction on claims by both parties Any claim for indemnity for Relevant Losses shall exclude Relevant Losses which: do not arise naturally from the breach; and were not, or may not reasonably be supposed to have been, within the contemplation of the parties: at the time of the making of this contract; or where the breach relates to a modification or amendment to this contract, at the time of the making of such modification or amendment, as the probable result of the breach. Limitation on liability Schedule 9 shall have effect so as to limit the liability of: the parties to one another under: the indemnities in Clauses 8.2 and 10; and the indemnities in Clauses 8.2 and 10 of each other Connected Access Contract; and Network Rail to the Freight Customer in respect of its rights under Clause 18.7.4, but, in the case of each of Clauses 11.5.1 and 11.5.2: shall not limit any liability arising under Schedule 4, Schedule 7 or Schedule 8 or under the Traction Electricity Rules; in relation to a failure to perform an obligation under the Network Code, only to the extent (including as to time and conditions) that the Network Code so provides; and subject to Clauses 11.5.3 and 18.3.3. Any claim by the Train Operator against Network Rail for indemnity for Relevant Losses shall exclude Relevant Losses to the extent that Network Rail owes and discharges its liability to indemnify the Freight Customer in respect of any "Relevant Losses" under, and as defined in, the Freight Customer Access Contract which have been incurred or occasioned by the breach of this contract which gave rise to the Relevant Losses to which the Train Operator’s claim relates.
Restrictions on claims by Train Operator. Any claim by the Train Operator against RfL(I) for indemnity for Relevant Losses: shall exclude any Relevant Losses to the extent that they result from delays to or cancellations of trains (other than delays or cancellations in circumstances where the RfL(I) SPP Threshold has been exceeded as provided for in paragraph 18 of Schedule 8); and shall: include Relevant Losses only to the extent that these constitute amounts which the Train Operator would not have incurred as train operator but for the relevant breach; and give credit for any savings to the Train Operator which result or are likely to result from the incurring of such amounts.
Restrictions on claims by Train Operator. Any claim by the Train Operator against the CVL IM for indemnity for Relevant Losses:
(a) shall exclude any Relevant Losses to the extent that they result from delays to or cancellations of trains; and
(b) shall:
(i) include Relevant Losses only to the extent that these constitute amounts which the Train Operator would not have incurred as train operator but for the relevant breach; and
(ii) give credit for any savings to the Train Operator which result or are likely to result from the incurring of such amounts.
