Application under Section 17 of the Act. Nothing in this Part 3 shall prevent Nexus from making an application for a New Access Contract under section 17 where a termination notice has been given or is likely to be given by the Regulator to the parties pursuant to paragraph 2. Notwithstanding any other provision of this part 3, this Agreement will continue to have effect whilst any application by Nexus under section 17 in respect of a New Access Contract is outstanding and has not been finally determined by the Regulator. As part of any application under section 17, and as between themselves, the parties agree that if directions are given by the Regulator for a New Access Contract, the parties shall co-operate ensure, as far as reasonably practicable, but subject always to the terms of the relevant termination notice, that this Agreement shall only cease to have effect immediately prior to the entry into effect of a New Access Contract, and ensure, as far as reasonably practicable, but subject always to the terms of the relevant termination notice, that there shall be no disruption to or discontinuance of Nexus’ rights of access to the Route or the provision of Services by Nexus resulting from the termination of this Agreement and the entry into any New Access Contract. Clause 9.5(A) shall not apply to any termination of this Agreement where directions have been issued by the Regulator in respect of a New Access Contract.
Appears in 6 contracts
Samples: Track Access Agreement, Agreement, Agreement
