Restrictions on claims Sample Clauses
The "Restrictions on Claims" clause limits the circumstances under which parties can bring claims against each other under the contract. Typically, this clause may set time limits for filing claims, restrict the types of damages that can be sought, or require that certain procedures be followed before a claim is made, such as providing written notice or attempting dispute resolution. Its core function is to manage and reduce legal risk by preventing unexpected or excessive claims, ensuring that disputes are addressed promptly and in an orderly manner.
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Restrictions on claims.
11.1 Notification and mitigation
(a) shall notify the other party of the relevant circumstances giving rise to that claim as soon as reasonably practicable after first becoming aware of those circumstances (and in any event within 365 days of first becoming so aware); and
(b) subject to Clause 11.1(c), shall take all reasonable steps to prevent, mitigate and restrict the circumstances giving rise to that claim and any Relevant Losses connected with that claim; but
(c) shall not be required to exercise any specific remedy available to it under this contract.
Restrictions on claims.
11.1 Notification and mitigation A party wishing to claim under any indemnity provided for in this contract:
(a) shall notify the other party of the relevant circumstances giving rise to that claim as soon as reasonably practicable after first becoming aware of those circumstances (and in any event within 365 days of first becoming so aware); and
(b) subject to clause 11.1(c), shall take all reasonable steps to prevent, mitigate and restrict the circumstances giving rise to that claim and any Relevant Losses connected with that claim; but
(c) shall not be required to exercise any specific remedy available to it under this contract.
11.2 Restrictions on claims by Network Rail Any claim by Network Rail against the Train Operator for indemnity for Relevant Losses:
(a) shall exclude payments to any person under or in accordance with the provisions of any Access Agreement other than any such payments which are for obligations to compensate for damage to property, and so that any claim for indemnity under this contract for such payments for damage to property, in relation to any incident, shall be limited to:
(i) the maximum amount for which the Train Operator would be liable for such damage in accordance with the Claims Allocation and Handling Agreement; less
(ii) any other compensation which the Train Operator has an obligation to pay for such damage;
(b) shall exclude loss of revenue in respect of permission to use any part of the Network under or in accordance with any Access Agreement with any person; and
(c) shall:
(i) include Relevant Losses only to the extent that these constitute amounts which Network Rail would not have incurred as network owner and operator but for the relevant breach; and
(ii) give credit for any savings to Network Rail which result or are likely to result from the incurring of such amounts.
11.3 Restrictions on claims by Train Operator Any claim by the Train Operator against Network Rail for indemnity for Relevant Losses:
(a) shall exclude any Relevant Losses to the extent that they result from delays to or cancellations of trains (other than delays or cancellations in circumstances where the SPP Threshold has been exceeded as provided for in paragraph 18 of Schedule 8); and
(b) shall:
(i) include Relevant Losses only to the extent that these constitute amounts which the Train Operator would not have incurred as train operator but for the relevant breach; and
(ii) give credit for any savings to the Train Operator which result or a...
Restrictions on claims. 10.1 Notification and mitigation
(a) shall notify the other party of the relevant circumstances giving rise to that claim as soon as reasonably practicable after first becoming aware of those circumstances (and in any event within 365 days of first becoming so aware); and
(b) subject to Clause 10.1(c), shall take all reasonable steps to prevent, mitigate and restrict the circumstances giving rise to that claim and any Relevant Losses connected with that claim; but
(c) shall not be required to exercise any specific remedy available to it under this contract.
Restrictions on claims. (A) A party wishing to claim under the indemnity in Clause 8.1 or Clause 8.2 must notify the other party of the relevant facts giving rise to that claim as soon as reasonably practicable (and in any event within 90 days) of its first becoming aware that those facts may give rise to a claim.
(B) A party wishing to claim under the indemnity in Clause 8.1 or Clause 8.2 shall, where practicable given the circumstances, consult with the other party as to the ways in which the circumstances giving rise to that claim and any damage, losses, claims, proceedings, demands, liabilities, costs, damages, orders or out of pocket expenses connected with that claim may be prevented, defended, mitigated or restricted and shall take all reasonable steps to prevent, mitigate, defend and restrict any and all of the same.
Restrictions on claims. Notification and mitigation
Restrictions on claims. Any Claim shall, to the extent applicable, be subject to the applicable provisions of this Clause 16 (Claims) and Clause 15 (Liabilities and Additional Matters) and, where applicable, the terms of the Third Party Claims and Investigations Management Agreement.
Restrictions on claims. 10.1 Notification and mitigation
(a) shall notify the other party of the relevant circumstances giving rise to that claim as soon as reasonably practicable after first becoming aware of those circumstances (and in any event within 365 days of first becoming so aware); and
(b) subject to Clause 10.1(c), shall where practicable given the circumstances, consult with the other party as to the ways in which the circumstances giving rise to that claim and any damage, losses, claims, proceedings, demands, liabilities, costs, damages, orders of out of pocket expenses connected with that claim may be prevented, defended, mitigated or restricted and shall take all reasonable steps to prevent, mitigate, defend and restrict the circumstances giving rise to that claim and any Relevant Losses connected with that claim; but
(c) shall not be required to exercise any specific remedy available to it under this contract.
10.2 Restrictions on claims by the CVL IM
(a) shall exclude payments to any person under or in accordance with the provisions of any access contract;
(b) shall exclude loss of revenue in respect of permission to use any part of the CVL under or in accordance with any access contract with any person; and
(c) shall:
(i) include Relevant Losses only to the extent that these constitute amounts which the CVL IM would not have incurred as network operator but for the relevant breach; and
(ii) give credit for any savings to the CVL IM which result or are likely to result from the incurring of such amounts.
Restrictions on claims. 11.1 Notification and mitigation
(a) shall notify the other party of the relevant circumstances giving rise to that claim as soon as reasonably practicable after first becoming aware of those circumstances (and in any event within 365 days of first becoming so aware); and
(b) subject to Clause 11.1(c), where practicable given the circumstances, consult with the other party as to the ways in which the circumstances giving rise to that claim and any damage, losses, claims, proceedings, demands, liabilities, costs, damages, orders of out of pocket expenses connected with that claim may be prevented, defended, mitigated or restricted and shall take all reasonable steps to prevent, mitigate, defend and restrict any and all of the same and any Relevant Losses connected with that claim; but
(c) shall not be required to exercise any specific remedy available to it under this Contract.
Restrictions on claims. No relevant claim may be made and none of the Covenantors shall be liable under or in respect of the Warranties and/or under the Indemnities:-
(a) if it would not have arisen but for some act, omission, transaction or arrangement carried out after Completion (otherwise than in the ordinary course of business or pursuant to a legally binding commitment binding on the Company or any Subsidiary in force on Completion) and which the Offeror was or should reasonably have been aware would give rise to the claim in question by or on behalf of all or any of the Offeror, the Company any Subsidiary or any holding company from time to time of any of them or any Subsidiary from time to time thereof and their respective successors in title;
(b) if the fact, event or circumstance giving rise to the breach or claim or otherwise relevant thereto is disclosed in the Offer Document and this Deed (including the Schedules and any Appendices thereto) or in any document in agreed terms or, in relation to any breach of Warranty only, the Disclosure Letter;
(c) to the extent that provision or allowance is made in the Completion Accounts and Schedule of Liabilities in respect of the matter to which the liability relates or that payment or discharge thereof is or has been taken into account therein; and
(d) to the extent of any insurance recovered by the claimant in respect of the claim being brought. The Offeror shall procure that the Company and the Subsidiaries maintain Professional Indemnity insurance cover with substantially similar coverage as the insurance in place during the 1997 financial year provided such insurance cover is commercially available with equivalent scope and breadth (including coverage of prior acts and omissions up until Completion) and amount as had been in place at Completion, provided that the Offeror shall not be obliged to procure such insurance at a cost of more than 125% of the cost for the financial year commencing 1 May 1997. - 71 - 74
Restrictions on claims. 11.1 Notification and mitigation
(a) shall notify the other party of the relevant circumstances giving rise to that claim as soon as reasonably practicable after first becoming aware of those circumstances (and in any event within 365 days of first becoming so aware); and
(b) subject to clause 11.1(c), shall take all reasonable steps to prevent, mitigate and restrict the circumstances giving rise to that claim and any Relevant Losses connected with that claim; but
(c) shall not be required to exercise any specific remedy available to it under this contract.
11.2 Restrictions on claims by the CVL IM
(a) shall exclude payments to any person under or in accordance with the provisions of any Access Agreement other than any such payments which are for obligations to compensate for damage to property, and so that any claim for indemnity under this contract for such payments for damage to property, in relation to any incident, shall be limited to:
(i) the maximum amount for which the Train Operator would be liable for such damage
(ii) any other compensation which the Train Operator has an obligation to pay for such damage;
(b) shall exclude loss of revenue in respect of permission to use any part of the CVL under or in accordance with any Access Agreement with any person; and
(c) shall:
(i) include Relevant Losses only to the extent that these constitute amounts which the CVL IM would not have incurred as network operator but for the relevant breach; and
(ii) give credit for any savings to the CVL IM which result or are likely to result from the incurring of such amounts.