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 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. 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 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 trainstrains (other than delays or cancellations in circumstances where the 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. 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 the CVL IM Network Rail for indemnity for Relevant Losses: shall exclude any Relevant Losses to the extent that they result from delays to or cancellations of trainstrains (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. 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 the CVL IM 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; 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. 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 the CVL IM Network Rail for indemnity for Relevant Losses: shall exclude any Relevant Losses to the extent that they result from delays to or cancellations of trainstrains (other than delays or cancellations in circumstances where the 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. 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.