Common use of Work Costs Clause in Contracts

Work Costs. to the Grantor any costs reasonably and properly incurred directly arising from works or activities of BRT or any person claiming under or through it pursuant to exercise by BRT or such person as aforesaid of the Rights which disrupt or otherwise affect the Grantor’s railway and/or cause physical damage including the following:- 6.1.5.1 costs of arranging and giving effect to Line Possessions or Electrical Isolation; 6.1.5.2 costs of Railway Disruption; 6.1.5.3 costs of the Grantor carrying out any temporary works reasonably deemed necessary for the protection of its railway and property and in any additional maintenance and renewal consequent upon such works; 6.1.5.4 costs of the employment of inspectors, signalmen, operating supervisors, handsignalmen and lookoutmen in compliance with railway group standards as amended from time to time and other relevant safety and operating standards; 6.1.5.5 costs of supporting the Grantor’s railway structures and other property and in accommodating the effects of any subsidence; 6.1.5.6 costs of the Grantor being unable to deliver in timely manner any train paths for which it may then have contracted. Provided That to the extent that any costs payable by BRT pursuant to the provisions of this sub-clause 6.1.5 shall be attributable to the unlawful actions, or default or negligence of the Grantor or others authorised by it or shall also be recoverable by the Grantor from any third party, the Grantor shall give BRT credit for a fair proportion (to be determined in default of agreement in accordance with the provisions of Clause 9.1) of any such costs.

Work Costs. to the Grantor BRB any costs reasonably and properly incurred directly arising from works or activities of BRT or any person claiming under or through it pursuant to exercise by BRT or such person as aforesaid of the Rights rights granted hereunder which disrupt or otherwise affect the GrantorBRB’s railway within the Subjects and/or cause physical damage including the following:- 6.1.5.1 4.1.5.1 costs of arranging and giving effect to Line Possessions or Electrical Isolation; 6.1.5.2 4.1.5.2 costs of Railway Disruption; 6.1.5.3 4.1.5.3 costs of the Grantor BRB carrying out any temporary works reasonably deemed necessary for the protection of its railway and property and in any additional maintenance and renewal consequent upon such works; 6.1.5.4 4.1.5.4 costs of the employment of inspectors, signalmen, operating supervisors, handsignalmen and lookoutmen in compliance with railway group standards as amended from time to time and other relevant safety and operating standards; 6.1.5.5 4.1.5.5 costs of supporting the GrantorBRB’s railway structures and other property and in accommodating the effects of any subsidence; 6.1.5.6 4.1.5.6 costs of the Grantor BRB being unable to deliver in timely manner any train paths for which it may then have contracted. Provided That to the extent that any costs payable by BRT pursuant to the provisions of this sub-clause 6.1.5 4.1.5 shall be attributable to the unlawful actions, or default or negligence of the Grantor BRB or others authorised by it or shall also be recoverable by the Grantor BRB from any third party, the Grantor BRB shall give BRT credit for a fair proportion (to be determined in default of agreement in accordance with the provisions of Clause 9.17.1) of any such costs.