Common use of Exceptions to Liability Clause in Contracts

Exceptions to Liability. Notwithstanding any contrary provision contained herein, (a) Railroad shall not have any liability whatsoever for any death of or injury to persons or damage to or loss of property arising from or resulting in connection with any train derailment, and Pathnet hereby releases Railroad and its Affiliates from any and all claims, liabilities, losses, damages, causes of action, costs and expenses (including reasonable attorneys' fees and costs) arising from or resulting in connection with any train operation, accident or derailment, irrespective of the negligence, gross negligence or willful misconduct of Railroad, and (b) Pathnet shall have no liability relating to any Conduits (Innerducts) installed for or capacity sold or made available to Railroad pursuant to the License Agreement; provided, however, that (x) any such Conduits (Innerducts) shall be of equal or greater quality as Pathnet's own Conduits (Innerducts), and (y) Pathnet shall grant the same remedies to Railroad with respect to such capacity as Pathnet grants to its customers in the ordinary course of its business (e.g., outage credits, it being understood that Pathnet shall not be obligated to make any monetary payments as a remedy in connection with such capacity), which Railroad acknowledges may not provide it with any incremental benefit.