Common use of Operator's carriage indemnity Clause in Contracts

Operator's carriage indemnity. (a) This clause 12.2 only applies where the Operator holds the Access Rights and the Operator’s Customer is not a Party. (b) The Parties acknowledge and agree that if the Operator’s Customer were a Party to this agreement, then clause 13 should and would apply as if a reference to the Operator in clause 13 included a reference to the Operator’s Customer with the effect of limiting and excluding Claims and liability for Losses as between the Operator’s Customer and Queensland Rail – for example, excluding Claims by the Operator’s Customer against Queensland Rail for Consequential Loss (where applicable). (c) As there is no contract between Queensland Rail and the Operator’s Customer addressing the matters referred to under clause 12.2(b), the Operator indemnifies and will keep indemnified Queensland Rail and its Associates from all Claims by the Operator’s Customer (including any Loss arising out of Claims) in a way that gives effect to clause 13 as if clause 13 did apply as between Queensland Rail and the Operator’s Customer (with any reference to the Operator in clause 13 being a reference to the Operator’s Customer). For example, if the Operator’s Customer is not a Party and commences a Claim against Queensland Rail for Consequential Loss in circumstances where the Operator is excluded from making any such Claim, then the Operator will indemnify Queensland Rail for that Consequential Loss. (d) The Operator is responsible for all conduct of the Operator’s Customer relating to this agreement (including the Train Services). Any act or omission of the Operator’s Customer is deemed to be an act or omission by the Operator for the purposes of this agreement.

Operator's carriage indemnity. (a) This clause 12.2 only applies where the Operator holds the Access Rights and the Operator’s Customer is not a Party. (b) . The Parties acknowledge and agree that if the Operator’s Customer were a Party to this agreement, then clause 13 should and would apply as if a reference to the Operator in clause 13 included a reference to the Operator’s Customer with the effect of limiting and excluding Claims and liability for Losses as between the Operator’s Customer and Queensland Rail – for example, excluding Claims by the Operator’s Customer against Queensland Rail for Consequential Loss (where applicable). (c) . As there is no contract between Queensland Rail and the Operator’s Customer addressing the matters referred to under clause 12.2(b), the Operator indemnifies and will keep indemnified Queensland Rail and its Associates from all Claims by the Operator’s Customer (including any Loss arising out of Claims) in a way that gives effect to clause 13 as if clause 13 did apply as between Queensland Rail and the Operator’s Customer (with any reference to the Operator in clause 13 being a reference to the Operator’s Customer). For example, if the Operator’s Customer is not a Party and commences a Claim against Queensland Rail for Consequential Loss in circumstances where the Operator is excluded from making any such Claim, then the Operator will indemnify Queensland Rail for that Consequential Loss. (d) The Operator is responsible for all conduct of the Operator’s Customer relating to this agreement (including the Train Services). Any act or omission of the Operator’s Customer is deemed to be an act or omission by the Operator for the purposes of this agreement.