Train Operator indemnity. The Train Operator shall indemnify Network Rail against all Relevant Losses resulting from:
(a) a failure by the Train Operator to comply with its Safety Obligations;
(b) any Environmental Damage arising directly from the acts or omissions of the Train Operator or the proper taking by Network Rail under Condition E2 of the Network Code of any steps to prevent, mitigate or remedy an Environmental Condition which exists as a direct result of the acts or omissions of the Train Operator; and
(c) any damage to the Network arising directly from the Train Operator’s negligence.
Train Operator indemnity. The Train Operator shall indemnify the CVL IM against all Relevant Losses resulting from:
(a) a failure by the Train Operator to comply with its Safety Obligations;
(b) any Environmental Damage arising directly from the acts or omissions of the Train Operator or the proper taking by the CVL IM under Condition E2 of the CVL Network Code of any steps to prevent, mitigate or remedy an Environmental Condition which exists as a direct result of the acts or omissions of the Train Operator; and
(c) any damage to the CVL arising directly from the Train Operator’s negligence.
Train Operator indemnity. The Train Operator shall indemnify RfL(I) against all Relevant Losses resulting from:
(a) a failure by the Train Operator to comply with its Safety Obligations;
(b) any Environmental Damage arising directly from the acts or omissions of the Train Operator or the proper taking by RfL(I) under Part E of the CCOS Network Code of any steps to prevent, mitigate or remedy an Environmental Condition which exists as a direct result of the acts or omissions of the Train Operator;
(c) any damage to the CCOS arising directly from the Train Operator’s negligence, wilful default or failure to comply with its obligations under this Contract; and
(d) a breach by the Train Operator of this Contract.
Train Operator indemnity. The Train Operator shall (on an after tax basis) indemnify ABP, and keep it indemnified, against all damage, losses, claims, proceedings, demands, liabilities, costs, damages, orders and out of pocket expenses (including costs reasonably incurred in investigating or defending any claim, proceedings, demand or order and any expenses reasonably incurred in preventing, avoiding or mitigating loss, liability or damage) incurred or suffered by it as a result of any breach by the Train Operator of any of its obligations under this contract.
Train Operator indemnity. Subject to Clause 8.9, the Train Operator shall indemnify the CVL IM against all Relevant Losses resulting from: a failure by the Train Operator to comply with its Safety Obligations; any Environmental Damage arising from the acts or omissions of the Train Operator or the proper taking by the CVL IM under Part E of the CVL Network Code of any steps to prevent, mitigate or remedy an Environmental Condition which exists as a direct result of the acts or omissions of the Train Operator; or any damage to the CVL arising directly from the Train Operator’s negligence. Subject to Clause 8.9, the CVL IM shall indemnify the Train Operator against all Relevant Losses resulting from: a failure by the CVL IM to comply with its Safety Obligations; any Environmental Damage to the CVL arising directly from any acts or omissions of the CVL IM; or any damage to the Registered Equipment or other vehicles or things brought onto the CVL in accordance with the permission to use granted by this contract arising directly from the CVL IM’s negligence.
Train Operator indemnity. The Train Operator shall indemnify the CVL IM against all Relevant Losses resulting from: a failure by the Train Operator to comply with its Safety Obligations; any Environmental Damage arising directly from the acts or omissions of the Train Operator or the proper taking by the CVL IM under Condition E2 of the CVL Network Code of any steps to prevent, mitigate or remedy an Environmental Condition which exists as a direct result of the acts or omissions of the Train Operator; and any damage to the CVL arising directly from the Train Operator’s negligence. The CVL IM shall indemnify the Train Operator against all Relevant Losses resulting from: a failure by the CVL IM to comply with its Safety Obligations; any Environmental Damage to the CVL arising directly from any acts or omissions of the British Railways Board prior to 1 April 1994 and any Environmental Damage arising directly from the acts or omissions of the CVL IM; and any damage to the Specified Equipment or other vehicles or things brought on to the CVL in accordance with the permission to use granted by this contract arising directly from the CVL IM’s negligence. Restrictions on claims A party wishing to claim under any indemnity provided for in this contract: shall notify the other party of the relevant circumstances giving rise to that claim as soon as reasonably practicable after first becoming aware of those circumstances (and in any event within 365 days of first becoming so aware); and subject to Clause 11.1(c), shall take all reasonable steps to prevent, mitigate, and restrict the circumstances giving rise to that claim and any Relevant Losses connected with that claim; but shall not be required to exercise any specific remedy available to it under this contract. Any claim by the CVL IM against the Train Operator for indemnity for Relevant Losses: shall exclude any Relevant Losses to the extent that they result from a cancellation of or a delay in commencement to a Restriction of Use; and 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: the maximum amount for which the Train Operator would be liable for such damage in accordance with the Claims Allocation and Handling Agreement; less any other compen...
Train Operator indemnity. Subject to paragraph 2 and the other provisions of the Contract, the Train Operator shall indemnify HS1 Ltd against all Relevant Losses resulting from:
(a) a failure by the Train Operator to comply with its Safety Obligations;
(b) any Environmental Damage arising directly from the acts or omissions of the Train Operator or the proper taking by HS1 Ltd under Part E of the HS1 Network Code of any steps to prevent, mitigate or remedy an Environmental Condition which exists as a direct result of the acts or omissions of the Train Operator;
(c) any damage to HS1 arising directly from the Train Operator's wilful default, negligence or failure to comply with its obligations under the Contract; and
(d) a breach by the Train Operator of the Contract.
