Common use of Effect of Suspension Clause in Contracts

Effect of Suspension. (a) The suspension of any rights does not affect or suspend any other obligation of the Operator, including the obligation to pay Access Charges under this Agreement and shall be without prejudice to QR Network’s other rights and remedies in respect of that or any other default. (b) Where QR Network suspends some or all of the Operator’s Train Services, QR Network will be liable to the Operator in respect of loss or damage (including damages for Consequential Loss) arising from the suspension if, and only if, no reasonable person in QR Network’s position could have formed the view that the stated grounds for the suspension existed, provided that the Operator must use all reasonable endeavours to mitigate the loss or damage arising from the suspension. QR Network shall bear the burden of establishing that a reasonable person in QR Network’s position could have formed that view.

Effect of Suspension. (a) The suspension of any rights does not affect or suspend any other obligation of the OperatorAccess Holder, including the obligation to pay Access Charges under this Agreement and shall be without prejudice to QR NetworkQR’s other rights and remedies in respect of that or any other default. (b) Where QR Network suspends some or all of the OperatorAccess Holder’s Train Services, QR Network will be liable to the Operator in respect of loss or damage for damages (including damages for Consequential Loss) to the Access Holder in respect of loss or damage arising from the suspension if, and only if, no reasonable person in QR NetworkQR’s position could have formed the view that the stated grounds for the suspension existedexisted (such circumstances being referred to as the “Liability Trigger”), provided that the Operator Access Holder must use all reasonable endeavours to mitigate the loss or damage arising from the suspension. QR Network shall bear the burden of establishing that a reasonable person in QR Network’s position could have formed that viewthe Liability Trigger has not occurred.

Effect of Suspension. (a) The suspension of any rights does not affect or suspend any other obligation of the OperatorAccess Holder, including the obligation to pay Access Charges under this Agreement and shall be without prejudice to QR Network’s other rights and remedies in respect of that or any other default. (b) Where QR Network suspends some or all of the OperatorAccess Holder’s Train Services, QR Network will be liable to the Operator Access Holder in respect of loss or damage (including damages for Consequential Loss) arising from the suspension if, and only if, no reasonable person in QR Network’s position could have formed the view that the stated grounds for the suspension existed, provided that the Operator Access Holder must use all reasonable endeavours to mitigate the loss or damage arising from the suspension. QR Network shall bear the burden of establishing that a reasonable person in QR Network’s position could have formed that view.

Effect of Suspension. (a) The suspension of any rights does not affect or suspend any other obligation of the Operator[, including the obligation to pay Access Charges Charges] under this Agreement and shall be without prejudice to QR Network’s other rights and remedies in respect of that or any other default. (b) Where QR Network suspends some or all of the Operator’s Train Services, QR Network will be liable to the Operator in respect of loss or damage (including damages for Consequential Loss) arising from the suspension if, and only if, no reasonable person in QR Network’s position could have formed the view that the stated grounds for the suspension existed, provided that the Operator must use all reasonable endeavours to mitigate the loss or damage arising from the suspension. QR Network shall bear the burden of establishing that a reasonable person in QR Network’s position could have formed that view.

Effect of Suspension. (a) The suspension of any rights does not affect or suspend any other obligation of the Operator, including the obligation to pay Access Charges under this Agreement and shall be without prejudice to QR Network’s other rights and remedies in respect of that or any other default. (b) Where QR Network suspends some or all of the Operator’s Train Services, QR Network will be liable for damages (including damages for Consequential Loss) to the Operator in respect of loss or damage (including damages for Consequential Loss) arising from the suspension if, and only if, no reasonable person in QR Network’s position could have formed the view that the stated grounds for the suspension existedexisted (such circumstances being referred to as the “Liability Trigger”), provided that the Operator must use all reasonable endeavours to mitigate the loss or damage arising from the suspension. QR Network shall bear the burden of establishing that a reasonable person in QR Network’s position could have formed that viewthe Liability Trigger has not occurred.

Effect of Suspension. (a) The suspension of any rights does not affect or suspend any other obligation of the Operator, including the obligation to pay Access Charges under this Agreement and shall be without prejudice to QR NetworkQR’s other rights and remedies in respect of that or any other default. (b) Where QR Network suspends some or all of the Operator’s Train Services, QR Network will be liable to the Operator in respect of loss or damage (including damages for Consequential Loss) arising from the suspension if, and only if, no reasonable person in QR NetworkQR’s position could have formed the view that the stated grounds for the suspension existed, provided that the Operator must use all reasonable endeavours to mitigate the loss or damage arising from the suspension. QR Network shall bear the burden of establishing that a reasonable person in QR NetworkQR’s position could have formed that view.

Effect of Suspension. (a) The suspension of any rights does not affect or suspend any other obligation of the OperatorAccess Holder, including the obligation to pay Access Charges under this Agreement and shall be without prejudice to QR NetworkQR’s other rights and remedies in respect of that or any other default. (b) Where QR Network suspends some or all of the OperatorAccess Holder’s Train Services, QR Network will be liable to the Operator Access Holder in respect of loss or damage (including damages for Consequential Loss) arising from the suspension if, and only if, no reasonable person in QR NetworkQR’s position could have formed the view that the stated grounds for the suspension existed, provided that the Operator Access Holder must use all reasonable endeavours to mitigate the loss or damage arising from the suspension. QR Network shall bear the burden of establishing that a reasonable person in QR NetworkQR’s position could have formed that view.