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.
Appears in 33 contracts
Sources: Track Access Contract (Freight Services), Track Access Contract (Freight Services), Track Access Contract
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 trainstrains (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 are likely to result from the incurring of such amounts.
Appears in 9 contracts
Sources: Track Access Contract, Track Access Contract, Track Access Contract
Restrictions on claims by Train Operator. Any claim by the Train Operator against the CVL IM RfL(I) 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.
Appears in 2 contracts
Sources: Track Access Contract, Track Access Contract
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.
Appears in 1 contract
Sources: Track Access Contract
Restrictions on claims by Train Operator. Any claim by the Train Operator against the CVL IM for indemnity for Relevant Losses:
(aA) shall exclude any Relevant Losses to the extent that they result from delays to or cancellations of trains; and
(bB) shall:
(i1) 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
(ii2) give credit for any savings to the Train Operator which result or are likely to result from the incurring of such amounts.
Appears in 1 contract
Sources: Unregulated Track Access Agreement