Conditions Precedent and Duration. 3.2 Conditions precedent to Clause 5: NR would like additional clauses added in after 3.2 (d) to cover the following: • NR and VTEC to have agreed a robust service recovery / contingency plan to mitigate the impact on performance of the enhanced services. NR is aware that these plans will require a holistic route approach with all operators on the ECML, with templated clauses added to all contracts for operators on the ECML. • The firm rights to use Class 800 and Class 801 vehicles contained within table 5.1 of parts A, B, C to Schedule 5 are subject to all processes concerning the introduction of these vehicles being completed and the agreement of any compensation due to NR associated with the costs of accommodating this new Specified Equipment. Use of the vehicles to operate the Passenger Train Slots in table 2.1 would be dependent upon their performance being equal to or exceeding that of the relevant timing load and the sufficiency of the traction current supply. The current 3.2 (e) would become 3.2 (g) with the above provisions added in as 3.2 (e) and 3.2 (f). Contingency provisions in case of delay to implementation of future control periods NR requests that the contract should include a bespoke provision to require VTEC to enter into a contingency provision in case of delay to the implementation of a future CP (given franchised operators‟ charges effectively „time out‟ at the end of each CP). NR recommends using the text below for the CP end clause: “
Conditions Precedent and Duration
