(c) all or part of the goods planned to be carried by the Base Service are required to be transported by any mode other than rail, for all or any part of the journey from its Origin to its Destination; (d) at least one additional locomotive is used for the Revised Base Service over the number used for the Base Service; (e) a diesel locomotive is required to be used for the Revised Base Service in circumstances where Network Rail has agreed to provide electricity for traction purposes for the Base Service as apparent from the column in the Rights Table annexed to Schedule 5; or headed “Timing Load” (f) the parties agree that there is a requirement for a specified number of the Train train crew to acquire knowledge of any Operator’s diversionary route which may form part of the Revised Base Service and such requirement has come about as a direct result of the exceptional nature of the variation to the Base Service, provided that the relevant variation arises as a direct result of a Network Rail Early Notice Possession; 3 Disruption Trigger” means where the Train Operator incurs “Category Actual Costs as a consequence of any Category 3 Disruption arising from a single Network Rail Early Notice Possession; Claim Notice” has the meaning specified in paragraph 3.4.2; “Disruption Event” has the meaning ascribed to it in Part H of the Network “Disruptive Code; Notice Possession” means any Restriction of Use of all or part of the “Early Network notified in all material respects to a Train Operator in accordance with sections 4, 5 or 7 of the Engineering Access Statement prior to the Possession Notice Date; Planned Disruption Sum” means £800; “Enhanced Capacity Charge” has the meaning ascribed to it in Schedule 7; “Freight Notice Actual Costs” means any costs, direct losses and expenses “Late (including any loss of revenue) reasonably incurred or reasonably expected to be incurred by the Train Operator including any increase in Variable Costs but net of: (a) any benefit arising from a Relevant Cancellation or Relevant Service Variation (as the case may be) including any decrease in Variable Costs as a consequence of such Relevant Cancellation or Relevant Service Variation (as the case may be); and (b) any Late Notice Cancellation Sum or Service Variation Sum (as the case may be) due to the Train Operator in connection with the relevant
(c) all or part of the goods planned to be carried by the Base Service are required to be transported by any mode other than rail, for all or any part of the journey from its Origin to its Destination; (d) at least one additional locomotive is used for the Revised Base Service over the number used for the Base Service; (e) a diesel locomotive is required to be used for the Revised Base Service in circumstances where Network Rail has agreed to provide electricity for traction purposes for the Base Service as apparent from the column headed “Timing Load” in the Rights Table annexed to Schedule 5; or (f) the parties agree that there is a requirement for a specified number of the Train Operator’s train crew to acquire knowledge of any diversionary route which may form part of the Revised Base Service and such requirement has come about as a direct result of the exceptional nature of the variation to the Base Service, provided that the relevant variation arises as a direct result of a Network Rail Early Notice Possession; “Category 3 Disruption Trigger” means where the Train Operator incurs Actual Costs as a consequence of any Category 3 Disruption arising from a single Network Rail Early Notice Possession; “Disruption Claim Notice” has the meaning specified in paragraph 3.4.2; “Disruptive Event” has the meaning ascribed to it in Part H of the Network Code; “Early Notice Possession” means any Restriction of Use of all or part of the Network notified in all material respects to a Train Operator in accordance with sections 4, 5 or 7 of the Engineering Access Statement prior to the Possession Notice Date; “Enhanced Planned Disruption Sum” means £800; “Freight Capacity Charge” has the meaning ascribed to it in Schedule 7; “Late Notice Actual Costs” means any costs, direct losses and expenses (including any loss of revenue) reasonably incurred or reasonably expected to be incurred by the Train Operator including any increase in Variable Costs but net of: (a) any benefit arising from a Relevant Cancellation or Relevant Service Variation (as the case may be) including any decrease in Variable Costs as a consequence of such Relevant Cancellation or Relevant Service Variation (as the case may be); and (b) any Late Notice Cancellation Sum or Service Variation Sum (as the case may be) due to the Train Operator in connection with the relevant
Freight-Operating-Company-Customer-Track-Access-Contract.docx