of Rail and Road” has the meaning ascribed to it under Section 15 of “Office the Railways and Transport Safety Act 2003, and references to shall “ORR” be construed as references to the Office of Rail and Road; Constraints” “Operating means: the Engineering Access Statement; the Timetable Planning Rules; and the Working Timetable and all appendices to the Working Timetable including the sectional appendices as defined in the Working Timetable and all supplements to the sectional appendices; Access Agreement” means each track Access Agreement “Operator approved by ORR and entered into or to be entered into between Network Rail and an Appointed Operator, pursuant to which, among other things, Network Rail grants that Appointed Operator permission to use the Network to enable that Appointed Operator to operate all or any of the Services; Access Agreement Event of Default” means, in relation to any “Operator Operator Access Agreement, a Rail Event of as defined in “Network Default” that Operator Access Agreement; means, in relation to a Service: “Origin” the location on the Network at which that Service is Planned to commence; or if the location at which that Service is Planned to commence is not on the Network, the location on the Network which: will enable the train operating that Service to be presented onto the Network; and is the most appropriate location for such train to use to move onto the Network to reach the Destination of that Service; Order” has the meaning ascribed to it in Clause 13.4.2; “Performance means entered in the Working Timetable; “Planned” Code Systems” means necessary systems within the meaning of “Railway the Systems Code; access agreement” means an access agreement as that term is “regulated defined in section 83 of the Act; ADRR Forum” means the Forum, having the meaning ascribed to “relevant it in the ADRR, to which a Relevant Dispute is allocated for resolution in accordance with the ADRR; Dispute” means any difference between the parties arising out of “Relevant or in connection with this contract;
“Office of Rail and Road” has the meaning ascribed to it under Section 15 of the Railways and Transport Safety Act 2003, and references to “ORR” shall be construed as references to the Office of Rail and Road; “Operating Constraints” means: the Engineering Access Statement; the Timetable Planning Rules; and the Working Timetable and all appendices to the Working Timetable including the sectional appendices as defined in the Working Timetable and all supplements to the sectional appendices; “Operator Access Agreement” means each track Access Agreement approved by ORR and entered into or to be entered into between Network Rail and an Appointed Operator, pursuant to which, among other things, Network Rail grants that Appointed Operator permission to use the Network to enable that Appointed Operator to operate all or any of the Services; “Operator Access Agreement Event of Default” means, in relation to any Operator Access Agreement, a “Network Rail Event of Default” as defined in that Operator Access Agreement; “Origin” means, in relation to a Service: the location on the Network at which that Service is Planned to commence; or if the location at which that Service is Planned to commence is not on the Network, the location on the Network which: will enable the train operating that Service to be presented onto the Network; and is the most appropriate location for such train to use to move onto the Network to reach the Destination of that Service; “Performance Order” has the meaning ascribed to it in Clause 13.4.2; “Planned” means entered in the Working Timetable; “Railway Code Systems” means necessary systems within the meaning of the Systems Code; “regulated access agreement” means an access agreement as that term is defined in section 83 of the Act; “relevant ADRR Forum” means the Forum, having the meaning ascribed to it in the ADRR, to which a Relevant Dispute is allocated for resolution in accordance with the ADRR; “Relevant Dispute” means any difference between the parties arising out of or in connection with this contract;
freight-customer-model-track-access-contract.docx