Restrictions on claims by Train Operator Sample Clauses

Restrictions on claims by Train Operator. Any claim by the Train Operator against Network Rail for indemnity for Relevant Losses:
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Restrictions on claims by Train Operator. Any claim by the Train Operator against the CVL IM for indemnity for Relevant Losses:
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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. Restriction on claims by both parties 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.
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Restrictions on claims by Train Operator. Any claim by the Train Operator against Nexus for indemnity for Relevant Losses:
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Restrictions on claims by Train Operator. The Train Operator shall not be entitled to make a claim for Relevant Losses pursuant to this paragraph 18: if and to the extent that it has previously recovered those Relevant Losses whether under this paragraph 18 or otherwise; or in relation to any Calculation Term or part of it that precedes the Transition Date as referred to in clause 19. SPP Indexation SPP Indexation Each value specified in Appendix 3, expressed in pounds sterling and rounded to two decimal places, shall be multiplied by the SPP indexation figure for the Relevant Year.
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Restrictions on claims by Train Operator. Any claim by the Train Operator against RfL(I) for indemnity for Relevant Losses: 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 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.
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Restrictions on claims by Train Operator. Any claim by the Train Operator against 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 (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. Restriction on claims by both parties 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. Limitation on liability Schedule 9 shall have effect so as to limit the liability of: the parties to one another under: the indemnities in Clauses 8.2 and 10; and the indemnities in Clauses 8.2 and 10 of each other Connected Access Contract; and Network Rail to the Freight Customer in respect of its rights under Clause 18.7.4, but, in the case of each of Clauses 11.5.1 and 11.5.2: shall not limit any liability arising under Schedule 4, Schedule 7 or Schedule 8 or under the Traction Electricity Rules; in relation to a failure to perform an obligation under the Network Code, only to the extent (including as to time and conditions) that the Network Code so provides; and subject to Clauses 11.5.3 and 18.3.3. Any claim by the Train Operator against Network Rail for indemnity for Relevant Losses shall exclude Relevant Losses to the extent that Network Rail owes and discharges its liability to indemnify the Freight Customer in respect of any "Relevant Losses" under, and as defined in, the Freight Customer Access Contract which have been incurred or occasioned by the breach of this contract which gave rise to the Relevant Losses to which the Train Operator’s claim relates.
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Related to Restrictions on claims by Train Operator

  • Restrictions on Claims 11.1 Notification and mitigation A party wishing to claim under any indemnity provided for in this contract:

  • Limitations on Our Liability We try to ensure that you can always use your card. Occasionally, however, you may not be able to do so because of systems or communication problems involving a merchant, the network or us. We may also block use of your card or a particular type of transaction for any reason and without telling you, including in cases where we suspect unauthorized or fraudulent use of the card. Under no circumstances are we liable to you if you cannot use your card.

  • Restrictions on Testing If the Engineer will perform commercial laboratory testing under this contract, on any project the Engineer may not perform more than one of the following types of testing:

  • Limitations on Remedies 7.1 IN NO EVENT WHATSOEVER SHALL SELLER OR ANY OF THE TEKNI-PLEX COMPANIES OR ANY OF ITS OR THEIR EMPLOYEES, AGENTS OR SUPPLIERS HAVE ANY LIABILITY, WHETHER BASED ON BREACH OF CONTRACT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE, IN AN AMOUNT IN EXCESS OF THE AMOUNT ACTUALLY RECEIVED BY SELLER FROM BUYER AS PURCHASE PRICE FOR THE PRODUCTS OR SERVICES WHICH ARE THE SUBJECT OF A CLAIM OR SERIES OF RELATED CLAIMS. IN NO EVENT WHATSOEVER SHALL SELLER OR ANY OF ITS EMPLOYEES, AGENTS OR SUPPLIERS HAVE ANY LIABILITY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, STATUTORY, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES ARISING FROM OR RELATING TO ANY INJURY TO PERSONS; LOSS OF VALUE OR USE (INCLUDING WITHOUT LIMITATION, DIMINUTION IN VALUE OR STIGMA DAMAGES); LOSS OF ANTICIPATED REVENUE OR PROFIT; COST OF CAPITAL; DAMAGE TO OR LOSS OF OTHER PROPERTY OR EQUIPMENT; CLAIMS MADE BY END-USERS; OR COST OF SUBSTITUTE SUPPLIES, FACILITIES OR SERVICES.

  • Restrictions on Use Licensee is not permitted to make any use of the Licensed Marks in connection with products or services other than the Sprint PCS Products and Services, and as specifically authorized in Sections 1.1(b) above with respect to Related Equipment and Premium and Promotional Items, nor to make any use of the Licensed Marks directed outside of the Service Area.

  • Limitations on Use No part of the moneys delivered to the Recipient pursuant to Section II hereof is being or will be used to refinance, retire, redeem, or otherwise pay debt service on all or any part of any part of any governmental obligations regardless of whether the interest on such obligations is or was excluded from gross income for federal income tax purposes unless prior approval by the Director is given.

  • Limitations on Liability The Custodian shall not be liable for any loss, claim, damage or other liability arising from the following causes:

  • Restriction on claims by both parties Any claim for indemnity for Relevant Losses shall exclude Relevant Losses which:

  • Restrictions on Lobbying The subrecipient shall not use funds made available to it under this Agreement to pay for, influence, or seek to influence any officer or employee of a State or Federal government.

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