Common use of CVL IM indemnity Clause in Contracts

CVL IM indemnity. 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 Notification and mitigation 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, defend 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. Restrictions on claims by the CVL IM Any claim by the CVL IM against the Train Operator for indemnity for Relevant Losses: 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 compensation which the Train Operator has an obligation to pay for such damage; shall exclude loss of revenue in respect of permission to use any part of the CVL under or in accordance with any Access Agreement with any person; and shall: include Relevant Losses only to the extent that these constitute amounts which the CVL IM would not have incurred as network operator of the CVL but for the relevant breach; and give credit for any savings to the CVL IM which result or are likely to result from the incurring of such amounts.

CVL IM indemnity. 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 Notification and mitigation 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 clause 11.1(c), shall take all reasonable steps to prevent, mitigate, defend 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. Restrictions on claims by the CVL IM Any claim by the CVL IM against the Train Operator for indemnity for Relevant Losses: 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 compensation which the Train Operator has an obligation to pay for such damage; shall exclude loss of revenue in respect of permission to use any part of the CVL under or in accordance with any Access Agreement with any person; and shall: include Relevant Losses only to the extent that these constitute amounts which the CVL IM would not have incurred as network operator of the CVL but for the relevant breach; and give credit for any savings to the CVL IM which result or are likely to result from the incurring of such amounts.