Common use of Restrictions on claims by Train Operator Clause in Contracts

Restrictions on claims by Train Operator. Any claim by the Train Operator against Network Rail for indemnity for Relevant Losses: (a) 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 SPP Threshold has been exceeded as provided for in paragraph 18 of Schedule 8); 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.

Restrictions on claims by Train Operator. Any claim by the Train Operator against Network Rail for indemnity for Relevant Losses: (a) 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 SPP Threshold has been exceeded as provided for in paragraph 18 of Schedule 8)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.

Restrictions on claims by Train Operator. Any claim by the Train Operator against Network Rail for indemnity for Relevant Losses: (a) 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 SPP Threshold in which there has been exceeded as provided for in paragraph 18 of Schedule 8)a failure to achieve a Class A Local Output); 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.

Restrictions on claims by Train Operator. Any claim by the Train Operator against Network Rail RfL(I) for indemnity for Relevant Losses: (a) 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 (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.

Restrictions on claims by Train Operator. Any claim by the Train Operator against Network Rail 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 (other than delays or cancellations in circumstances where the SPP Threshold has been exceeded as provided for in paragraph 18 of Schedule 8); 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.

Restrictions on claims by Train Operator. Any claim by the Train Operator against Network Rail for indemnity for Relevant Losses: (a) 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 SPP Threshold has been exceeded as provided for in paragraph 18 of Schedule 8); andand‌ (b) shall: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; andand‌ (ii) give credit for any savings to the Train Operator which result or are likely to result from the incurring of such amounts.amounts.‌

Restrictions on claims by Train Operator. Any claim by the Train Operator against Network Rail for indemnity for Relevant Losses: (a) ­ 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 SPP Threshold has been exceeded as provided for in paragraph 18 of Schedule 8); 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.

Restrictions on claims by Train Operator. Any claim by the Train Operator against Network Rail for indemnity for Relevant Losses: (a) 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 SPP Threshold has been exceeded as provided for in paragraph 18 of Schedule 8); 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.

Restrictions on claims by Train Operator. Any claim by the Train Operator against Network Rail for indemnity for Relevant Losses: (a) 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 SPP Threshold in which there has been exceeded as provided for in paragraph 18 of Schedule 8)a failure to achieve a Class A Local Output); andand‌ (b) shall: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; andand‌ (ii) give credit for any savings to the Train Operator which result or are likely to result from the incurring of such amounts.amounts.‌

Restrictions on claims by Train Operator. Any claim by the Train Operator against Network Rail for indemnity for Relevant Losses: (a) 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 SPP Threshold in which there has been exceeded as provided for in paragraph 18 of Schedule 8)a failure to achieve a Class A Local Output); 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.

Restrictions on claims by Train Operator. Any claim by the Train Operator against Network Rail RfL(I) for indemnity for Relevant Losses: (a) : 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 (b) and 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) and give credit for any savings to the Train Operator which result or are likely to result from the incurring of such amounts.