Common use of Combined Network Cancellation Clause in Contracts

Combined Network Cancellation. Where: Network Rail is not able to nominate a Combined Network Alternative Train Slot as referred to in paragraph 5.2; the Train Operator rejects the Combined Network Alternative Train Slot nominated by Network Rail as referred to in paragraph 5.3(b) and does not propose a different Combined Network Alternative Train Slot as referred to in paragraph 5.4; or the Train Operator proposes a different Combined Network Alternative Train Slot under paragraph 5.4 and this is not accepted by Network Rail, the relevant Combined Network Service shall be treated as a Combined Network Cancellation for the purposes of paragraph 8.1(d) of Schedule 8 or paragraph (d) of the definition of CVL Cancellation (as such term is defined in Schedule 8) (as the case may be), paragraph 2 of Schedule 4 shall apply and Network Rail shall be liable for the Late Notice Cancellation Sum in respect of that Combined Network Cancellation in accordance with paragraphs 8.2.3 and 9 of Schedule 8. Where a Combined Network Alternative Train Slot is: accepted under paragraph 5.3(a); or accepted as a Combined Network Train Operator Variation under paragraph 5.4, the Combined Network Original Service shall not be treated as a Combined Network Cancellation for the purposes of Schedule 8. PART 4 - COMBINED NETWORK RESTRICTIONS OF USE BEFORE POSSESSION NOTICE DATE Combined Network Restrictions of Use before Possession Notice Date Without prejudice to any invoices issued under paragraphs 2 or 3 of Schedule 4 or paragraph 9 of Schedule 8, if Network Rail nominates that any part of the Combined Network will not be available for a Combined Network Service to operate at the Planned time by reason of a Combined Network Restriction of Use to be taken pursuant to the Engineering Access Statement or CVL Engineering Access Statement (as the case may be) which has been notified to the Train Operator in all material respects prior to the Possession Notice Date, Network Rail shall have no liability to the Train Operator under Parts 3, 5 or 7 of Schedule 4 or Schedule 8 in respect of the effect of that Combined Network Restriction of Use on such Combined Network Service.