18.7 Contracts (Rights of Third Parties) Act 1999 18.7.1 Application to third parties Save as provided in this Clause 18.7 or as expressly provided elsewhere in this contract, no person who is not a party to this contract shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract. 18.7.2 Application to the Office of Rail and Rail ORR shall have the right under the Contracts (Rights of Third Parties) Act 1999 to enforce directly such rights as have been granted to it under this contract. 18.7.3 Contract amendments Subject to Clause 18.2, and with the exception of the Freight Customer Access Contract, Network Rail and the Train Operator shall not, after [insert the date on which Services may first be operated by the Train Operator under this contract] enter into any agreement with a third party that requires the consent of any third party in order to amend this contract. 18.7.4 Application to the Freight Customer The Freight Customer shall have the right under the Contracts (Rights of Third Parties) Act 1999 to: (a) require that the rights relating to any Freight Customer Service and/or Freight Customer Alternative Train Slot, in each case identified in a valid Drawdown Notice served on Network Rail and the Train Operator, are incorporated into this contract in accordance with Clause 5.10.1; (b) require that the rights relating to any Affected Service and the Train Operator's rights referred to in Clause 5.10.8(c) in respect of such Affected Service, are revoked in accordance with Clause 5.10.8; and (c) enforce its rights under Clause 18.4 in respect of any notice to be served on it under this contract. 18.8 [Not used] SCHEDULE 1: CONTACT PARTICULARS 1. Network address for service of notices is: Rail’s Network Rail Infrastructure Limited
18.7 Contracts (Rights of Third Parties) Act 1999 18.7.1 Application to third parties Save as provided in this Clause 18.7 or as expressly provided elsewhere in this contract, no person who is not a party to this contract shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract. 18.7.2 Application to the Office of Rail and Rail ORR shall have the right under the Contracts (Rights of Third Parties) Act 1999 to enforce directly such rights as have been granted to it under this contract. 18.7.3 Contract amendments Subject to Clause 18.2, and with the exception of the Freight Customer Access Contract, Network Rail and the Train Operator shall not, after [insert the date on which Services may first be operated by the Train Operator under this contract] enter into any agreement with a third party that requires the consent of any third party in order to amend this contract. 18.7.4 Application to the Freight Customer The Freight Customer shall have the right under the Contracts (Rights of Third Parties) Act 1999 to: (a) require that the rights relating to any Freight Customer Service and/or Freight Customer Alternative Train Slot, in each case identified in a valid Drawdown Notice served on Network Rail and the Train Operator, are incorporated into this contract in accordance with Clause 5.10.1; (b) require that the rights relating to any Affected Service and the Train Operator's rights referred to in Clause 5.10.8(c) in respect of such Affected Service, are revoked in accordance with Clause 5.10.8; and (c) enforce its rights under Clause 18.4 in respect of any notice to be served on it under this contract. 18.8 [Not used] SCHEDULE 1: CONTACT PARTICULARS 1. Network Rail’s address for service of notices is: Network Rail Infrastructure Limited
Freight-Operating-Company-Customer-Track-Access-Contract.docx