Responsibility and Compensation. The railway enterprise is responsible for any damage to railway infrastructure resulting from its traffic or other utilisation of services. For all expenses incurred by Banedanmark through the utilisation of the services allocated to the applicant, the applicant is jointly and severally liable with the railway enterprise. The applicant is obliged to ensure that the contract concluded between the applicant and the railway enterprise reflects this. Banedanmark is obliged to first contact the railway enterprise to claim compensation for any damage. Banedanmark is, however, required to inform the applicant of the claim’s recovery from the railway enterprise. Compensation claims raised by Banedanmark with the railway enterprise count in relation to limitations imposed on the applicant. The applicant cannot therefore claim that compensation claims have not been received within the period stipulated for compensation claims.
Appears in 3 contracts
Sources: Infrastructure Capacity Agreement, Infrastructure Capacity Agreement, Infrastructure Capacity Agreement