Common use of Restrictions on claims Clause in Contracts

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.