a Material Performance Change has not occurred; and/or which changes to the Matters Subject to Benchmarking should be made to the Matters Subject to Benchmarking do achieve RfL(I)'s objectives for the CCOS set out in the Sponsors' Requirements, and, subject to Clause 17.6, such determination will be binding on RfL(I), the Train Operator and each other train operator using the CCOS. Any amendments to the Matters Subject to Rebenchmarking shall take effect only when it has been approved by the ORR under section 22 of the Act. Accordingly, as soon as reasonably practicable after any such amendment is agreed or determined in accordance with this paragraph 17 the parties shall ensure that the ORR is furnished with such amendment and such information and evidence as the ORR requires to decide whether or not to approve the amendment. Sustained Poor Performance and Poor Performance Notices Definitions In this paragraph 18, unless the context otherwise requires: "SPP Indexation means the figure calculated in accordance with Figure" paragraph 18.5.2. Indemnities Subject to Clause 11, RfL(I) shall indemnify the Train Operator against all Relevant Losses in accordance with this paragraph 18 if, and to the extent that, the RfL(I) Performance Sums payable by RfL(I) in respect of any Period exceeds the relevant RfL(I) SPP Threshold. Subject to Clause 11, the Operator shall indemnify RfL(I) against all Relevant Losses in accordance with this paragraph 18 if, and to the extent that, the Train Operator Performance Sums payable by the Train Operator in respect of any Period exceeds the relevant Train Operator SPP Threshold. Determination of Relevant Losses Subject to paragraph 18.4, the liability of a party under paragraph 18.2 for sustained poor performance ("SPPL") shall be determined in accordance with the following formula: SPPL = RL PS – where: RL means the party's Relevant Losses arising as a direct result of Seconds Delay and Cancelled Stops during the relevant Period, in each case insofar as these do not arise as a result of an incident for
a Material Performance Change has not occurred; and/or which changes to the Matters Subject to Benchmarking should be made to the Matters Subject to Benchmarking do achieve RfL(I)'s objectives for the CCOS set out in the Sponsors' Requirements, and, subject to Clause 17.6, such determination will be binding on RfL(I), the Train Operator and each other train operator using the CCOS. Any amendments to the Matters Subject to Rebenchmarking shall take effect only when it has been approved by the ORR under section 22 of the Act. Accordingly, as soon as reasonably practicable after any such amendment is agreed or determined in accordance with this paragraph 17 the parties shall ensure that the ORR is furnished with such amendment and such information and evidence as the ORR requires to decide whether or not to approve the amendment. Sustained Poor Performance and Poor Performance Notices Definitions In this paragraph 18, unless the context otherwise requires: "SPP Indexation Figure" means the figure calculated in accordance with paragraph 18.5.2. Indemnities Subject to Clause 11, RfL(I) shall indemnify the Train Operator against all Relevant Losses in accordance with this paragraph 18 if, and to the extent that, the RfL(I) Performance Sums payable by RfL(I) in respect of any Period exceeds the relevant RfL(I) SPP Threshold. Subject to Clause 11, the Operator shall indemnify RfL(I) against all Relevant Losses in accordance with this paragraph 18 if, and to the extent that, the Train Operator Performance Sums payable by the Train Operator in respect of any Period exceeds the relevant Train Operator SPP Threshold. Determination of Relevant Losses Subject to paragraph 18.4, the liability of a party under paragraph 18.2 for sustained poor performance ("SPPL") shall be determined in accordance with the following formula: SPPL = RL – PS where: RL means the party's Relevant Losses arising as a direct result of Seconds Delay and Cancelled Stops during the relevant Period, in each case insofar as these do not arise as a result of an incident for
track-access-contract-testing-services.docx