Restriction on claims by both parties. Any claim for indemnity for Relevant Losses shall exclude Relevant Losses which: (a) do not arise naturally from the breach; and (b) were not, or may not reasonably be supposed to have been, within the contemplation of the parties: (i) at the time of the making of this contract; or (ii) 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.
Appears in 155 contracts
Sources: Track Access Contract, Track Access Contract, Track Access Contract
Restriction on claims by both parties. Any claim for indemnity for Relevant Losses shall exclude Relevant Losses which:
(a) do not arise naturally from the breach; and
(b) were not, or may not reasonably be supposed to have been, within the contemplation of the parties:
(i) at the time of the making of this contractContract; or
(ii) where the breach relates to a modification or amendment to this contractContract, at the time of the making of such modification or amendment, as the probable result of the breach.
Appears in 9 contracts
Sources: Track Access Contract, Track Access Contract, Track Access Contract
Restriction on claims by both parties. Any claim for indemnity for Relevant Losses shall exclude Relevant Losses which:
(a) do not arise naturally from the breach; andand
(b) were not, or may not reasonably be supposed to have been, within the contemplation of the parties:parties:
(i) at the time of the making of this contract; oror
(ii) where the breach relates to a modification or amendment to this contract, at the time of the making of such modification or amendment, amendment, as the probable result of the breach.
Appears in 2 contracts
Sources: Track Access Contract, Track Access Contract
Restriction on claims by both parties. Any claim for indemnity for Relevant Losses shall exclude Relevant Losses which:
(a) do not arise naturally from the breach; and
(b) were not, or may not reasonably be supposed to have been, within the contemplation of the parties:
(i) at the time of the making of this contract; or
(ii) 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.,
Appears in 2 contracts
Sources: Track Access Contract, Track Access Contract
Restriction on claims by both parties. Any claim for in relation to a breach of this Agreement or under an indemnity for Relevant Losses shall exclude Relevant Losses which:
(a) do not arise naturally from the breach; and
(b) were not, or may not reasonably be supposed to have been, within the contemplation of the parties:
(i) at the time of the making of this contractAgreement; or
(ii) where the breach relates to a modification or amendment to this contractAgreement, at the time of the making of such modification or amendment, as the probable result of the breach.
Appears in 2 contracts
Sources: Rail Network Connection Agreement, Rail Network Connection Agreement
Restriction on claims by both parties. Any claim for indemnity for Relevant Losses shall exclude Relevant Losses which:
(a) do not arise naturally from the breach; and
(b) were not, or may not reasonably be supposed to have been, within the contemplation of the partiesParties:
(i) at the time of the making of this contract; or
(ii) 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.; or
Appears in 1 contract
Sources: Connection Contract
Restriction on claims by both parties. Any claim for indemnity for Relevant Losses shall exclude Relevant Losses which:
(a) do not arise naturally from the breach; and
(b) were not, or may not reasonably be supposed to have been, within the contemplation of the parties:
(i) $ at the time of the making of this contract; or
(ii) $ 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.
Appears in 1 contract
Sources: Track Access Contract
Restriction on claims by both parties. Any claim for indemnity for Relevant Losses shall exclude Relevant Losses which:
(a) do not arise naturally from the breach; and
(b) were not, or may not reasonably be supposed to have been, within the contemplation of the partiesParties:
(i) at the time of the making of this contract; or
(ii) 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; or
(c) fall within Condition L1 of the Depot Access Conditions.
Appears in 1 contract
Sources: Connection Contract
Restriction on claims by both parties. Any claim for indemnity for Relevant Losses shall exclude Relevant Losses which:
(a) do not arise naturally from the breach; and
(b) were not, or may not reasonably be supposed to have been, within the contemplation of the partiesParties:
(i) at the time of the making of this contract; or
(ii) 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.
Appears in 1 contract
Sources: Connection Contract