Restrictions on claims by Train Operator Sample Clauses

The 'Restrictions on claims by Train Operator' clause limits the circumstances under which the train operator can bring claims against the other party. Typically, this clause outlines specific types of claims that are excluded, sets time limits for making claims, or imposes caps on the amount recoverable. For example, it may prevent the operator from seeking compensation for indirect losses or require that claims be notified within a certain period after an event occurs. The core function of this clause is to manage and reduce the risk exposure of the other party by clearly defining and restricting the train operator’s rights to make claims, thereby promoting certainty and preventing excessive or unexpected liabilities.
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 in which there has been a failure to achieve a Class A Local Output); 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 are likely to result from the incurring of such amounts.
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Restrictions on claims by Train Operator. Any claim by the Train Operator against the CVL IM for indemnity for Relevant Losses: (a) shall exclude any Relevant Losses to the extent that they result from delays to or cancellations of trains; 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 are likely to result from the incurring of such amounts.
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Restrictions on claims by Train Operator. Any claim by the Train Operator against the CVL IM for indemnity for Relevant Losses: shall exclude any Relevant Losses to the extent that they result from delays to or cancellations of trains; and shall: 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 give credit for any savings to the Train Operator which result or are likely to result from the incurring of such amounts. Any claim for indemnity for Relevant Losses shall exclude Relevant Losses which: do not arise naturally from the breach; and were not, or may not reasonably be supposed to have been, within the contemplation of the parties: at the time of the making of this contract; or 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.
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Restrictions on claims by Train Operator. The Train Operator shall not be entitled to make a claim for Relevant Losses pursuant to this paragraph 18: if and to the extent that it has previously recovered those Relevant Losses whether under this paragraph 18 or otherwise; or in relation to any Calculation Term or part of it that precedes the Transition Date as referred to in clause 19. Each value specified in Appendix 3, expressed in pounds sterling and rounded to two decimal places, shall be multiplied by the SPP indexation figure for the Relevant Year.
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Restrictions on claims by Train Operator. Any claim by the Train Operator against Nexus for indemnity for Relevant Losses: (a) shall exclude any Relevant Losses to the extent that they result from delays to or cancellations of trains; 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 are likely to result from the incurring of such amounts.
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Restrictions on claims by Train Operator. Any claim by the Train Operator against RfL(I) for indemnity for Relevant Losses:
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Restrictions on claims by Train Operator. Any claim by the Train Operator against RfL(I) for indemnity for Relevant Losses: 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 RfL(I) SPP Threshold has been exceeded as provided for in paragraph 18 of Schedule 8); and shall: 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 give credit for any savings to the Train Operator which result or are likely to result from the incurring of such amounts.
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Related to Restrictions on claims by Train Operator

  • 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.

  • Limitations on Claims In addition to the limitations on indemnification set forth in Section 9(a) above, the Employer shall not be obligated pursuant to this Agreement: (i) To indemnify or advance expenses to Executive with respect to a Proceeding initiated by Executive, except (i) for Proceedings authorized or consented to by the Board; or (ii) in the event a claim for indemnification or payment of expenses (including attorneys’ fees) made under this Agreement is not paid in full within sixty (60) days after a written claim therefor has been received by the Employer, Executive may file suit to recover the unpaid amount of such claim and, if successful in whole or in part, shall be entitled to be paid the expense of prosecuting such claim, including attorneys’ fees. In any such action, the Employer shall have the burden of proving that Executive was not entitled to the requested indemnification or payment of expenses under applicable law or this Agreement. (ii) To indemnify Executive for any expenses incurred by Executive with respect to any Proceeding instituted by Executive to enforce or interpret this Agreement, unless Executive is successful in establishing Executive’s right to indemnification in such Proceeding, in whole or in part; provided, however, that nothing in this Section 9(d)(ii) is intended to limit the Employer’s obligation with respect to the advancement of expenses to Executive in connection with any Proceeding instituted by Executive to enforce or interpret this Agreement, as provided in Section 9(c) above. (iii) To indemnify Executive in connection with proceedings or claims involving the enforcement of the provisions of this Agreement (other than as otherwise specifically provided for in this Section 9) or any other employment, severance or compensation plan or agreement that Executive may be a party to, or beneficiary of, with the Employer or any other Company. (iv) To indemnify Executive on account of any proceeding with respect to which final judgment is rendered against Executive for payment or an accounting of profits arising from the purchase or sale by Executive of securities in violation of Section 16(b) of the Securities Exchange Act of 1934, as amended, any similar successor statute, or similar provisions of state statutory law or common law.

  • Restrictions on Testing If the Engineer will perform commercial laboratory testing under this contract, on any project the Engineer may not perform more than one of the following types of testing: 1. verification testing; 2. quality control testing; or 3. independent assurance testing

  • Limitations on Rights of Third Parties The provisions of this Agreement are solely for the benefit of the Seller, the Issuer, the Indenture Trustee (for the benefit of the Secured Parties) and the other Persons expressly referred to herein, and such Persons shall have the right to enforce the relevant provisions of this Agreement. Nothing in this Agreement, whether express or implied, shall be construed to give to any other Person any legal or equitable right, remedy or claim in the Recovery Property or under or in respect of this Agreement or any covenants, conditions or provisions contained herein.

  • Limitations on Actions Any action brought under this Contract, except an action for breach of warranty, shall be brought within the shorter of the statutory limitations period and the period of three years from the date of final payment without any tolling of this statutory limitations period for any reason whatsoever.