Common use of Assessment of Incidents Causing Minutes Delay and Cancelled Stops Clause in Contracts

Assessment of Incidents Causing Minutes Delay and Cancelled Stops. (a) In assessing the cause of any Minutes Delay or Cancelled Stop, there shall be taken into account all incidents contributing thereto including: (i) the extent to which each party has taken reasonable steps to avoid and/or mitigate the effects of the incidents; and (ii) where a Possession overruns due to the start of such Possession being delayed by a late running train, the incident(s) giving rise to that late running; (b) The parties shall take reasonable steps to avoid and mitigate the effects of any incidents upon the trains and any failure to take such steps shall be regarded as a separate incident; (c) Network Rail shall identify: (i) in respect of each incident recorded under sub-paragraph 4.1(e)(i) as causing Minutes Delay, the extent to which that incident caused each of the Minutes Delay; and (ii) in respect of each incident recorded under sub-paragraph 4.1(b), the extent to which that incident caused the Cancelled Stop; (d) So far as Network Rail is reasonably able to do so, it shall identify whether responsibility for incidents causing Minutes Delay or Cancelled Stops is to be allocated to Network Rail or to Nexus or to them jointly in accordance with the following provisions of this paragraph 5.

Assessment of Incidents Causing Minutes Delay and Cancelled Stops. (a) In assessing the cause of any Minutes Delay or Cancelled Stop, there shall be taken into account all incidents contributing thereto including: (i) : the extent to which each party has taken reasonable steps to avoid and/or mitigate the effects of the incidents; and (ii) and where a Possession Restriction of Use overruns due to the start of such Possession Restriction of Use being delayed by a late running trainTrain, the incident(s) giving rise to that late running; (b) ; The parties shall take reasonable steps to avoid and mitigate the effects of any incidents upon the trains Trains and any failure to take such steps shall be regarded as a separate incident; (c) Network Rail ; the CVL IM shall identify: (i) : in respect of each incident recorded under sub-paragraph 4.1(e)(i) as causing Minutes Delay, the extent to which that incident caused each of the Minutes Delay; and (ii) and in respect of each incident recorded under sub-paragraph 4.1(b), the extent to which that incident caused the Cancelled Stop; (d) ; So far as Network Rail the CVL IM is reasonably able to do so, it shall identify whether responsibility for incidents causing Minutes Delay or Cancelled Stops is to be allocated to Network Rail the CVL IM or to Nexus the Train Operator or to them jointly in accordance with the following provisions of this paragraph 5.