and words shall not be limited by “otherwise” following “other” any foregoing words where a wider construction is possible; the words and shall be construed as being by “including” “in particular” way of illustration or emphasis and shall not limit or prejudice the generality of any foregoing words; words and expressions defined in the Railways Act 1993, the Railways and Other Guided Transport Systems (Safety) Regulations 2006 and Network network licence shall, unless otherwise Rail’s defined in this contract, have the same meanings in this contract; any reference to the term either by itself or as part of “possession”, any composite definition, shall be construed as a reference to a Restriction of Use; words and expressions defined in the Network Code shall have the same meanings in this contract; if there is any conflict of interpretation between this contract and the Network Code, the Network Code shall prevail; references to or shall be construed “the Agreement” “this Agreement” as references to or and “the contract” “this contract”; if there is any conflict of interpretation between this contract (not including the Traction Electricity Rules) and the Traction Electricity Rules, the following order of precedence shall apply: (1) the Traction Electricity Rules; and (2) this contract (not including the Traction Electricity Rules). 1.3 Indemnities Indemnities provided for in this contract are continuing indemnities in respect of the Relevant Losses to which they apply, and hold the indemnified party harmless on an after tax basis. 1.4 Schedules The Schedules 1 and 3 to this contract shall have effect. 2. NETWORK CODE 2.1 Incorporation The Network Code is incorporated in and forms part of this contract. 2.2 Modifications to the Network Code If the Network Code is modified at any time, Schedule 10 shall have effect.
“otherwise” and words following “other” shall not be limited by any foregoing words where a wider construction is possible; the words “including” and “in particular” shall be construed as being by way of illustration or emphasis and shall not limit or prejudice the generality of any foregoing words; words and expressions defined in the Railways Act 1993, the Railways and Other Guided Transport Systems (Safety) Regulations 2006 and Network Rail’s network licence shall, unless otherwise defined in this contract, have the same meanings in this contract; any reference to the term “possession”, either by itself or as part of any composite definition, shall be construed as a reference to a Restriction of Use; words and expressions defined in the Network Code shall have the same meanings in this contract; if there is any conflict of interpretation between this contract and the Network Code, the Network Code shall prevail; references to “the Agreement” or “this Agreement” shall be construed as references to “the contract” or “this contract”; and if there is any conflict of interpretation between this contract (not including the Traction Electricity Rules) and the Traction Electricity Rules, the following order of precedence shall apply: (1) the Traction Electricity Rules; and (2) this contract (not including the Traction Electricity Rules). 1.3 Indemnities Indemnities provided for in this contract are continuing indemnities in respect of the Relevant Losses to which they apply, and hold the indemnified party harmless on an after tax basis. 1.4 Schedules The Schedules 1 and 3 to this contract shall have effect. 2. NETWORK CODE 2.1 Incorporation The Network Code is incorporated in and forms part of this contract. 2.2 Modifications to the Network Code If the Network Code is modified at any time, Schedule 10 shall have effect.
Freight-Operating-Company-Customer-Track-Access-Contract.docx