Common use of Combined Network Category 3 Disruption Clause in Contracts

Combined Network Category 3 Disruption. Subject to paragraphs 2, 3.4.1 and 3.5, Network Rail shall be liable in any Charging Period for an Enhanced Planned Disruption Sum in respect of each Combined Network Base Service affected by a Combined Network Category 3 Disruption which is either: Planned to depart its Origin in that Charging Period; or is a Freight Access Right or CVL Freight Access Right (as the case may be) as described in sub-paragraph "(a)" of either such definition (as applicable) contained in Schedule 5 or Schedule 5 of the CVL TAC (Freight Services) which but for a Network Rail Early Notice Possession a Train Slot or CVL Train Slot in accordance with those rights would have been Planned to depart its Origin in that Charging Period. If the Train Operator reasonably believes or expects that the Combined Network Category 3 Disruption Trigger will be satisfied then the Train Operator will be entitled to serve an Actual Costs Claim Notice. Within 56 days (or such other period as the parties may agree) of receipt by Network Rail of an Actual Costs Claim Notice, Network Rail shall notify the Train Operator that either: it agrees that the Combined Network Category 3 Disruption Trigger is satisfied and agrees to the amount of Actual Costs claimed by the Train Operator in the Actual Costs Claim Notice, in which case Network Rail shall also pay such Actual Costs to the Train Operator within 56 days of receipt by Network Rail of the relevant Actual Costs Claim Notice; or it agrees that the Combined Network Category 3 Disruption Trigger is satisfied but does not agree to the amount of the Actual Costs claimed by the Train Operator in the Actual Costs Claim Notice, in which case Network Rail shall: (if it has not already done so) commence negotiations with the Train Operator in respect of its Actual Costs in respect of the Combined Network Base Service(s) affected by a Network Rail Early Notice Possession and shall continue such negotiations in good faith until they are concluded or until the Actual Costs are determined in accordance with Clause 13; and pay to the Train Operator its Actual Costs within 28 days of those Actual Costs being agreed or determined in accordance with Clause 13 (as the case may be); or it does not agree that the Combined Network Category 3 Disruption Trigger is satisfied, in which case the matter shall be immediately referred for determination in accordance with Clause 13, and if it is determined in accordance with Clause 13 that the Combined Network Category 3 Disruption Trigger is satisfied then Network Rail shall: (if it has not already done so) commence negotiations with the Train Operator in respect of its Actual Costs in respect of the Combined Network Base Service(s) affected by a Network Rail Early Notice Possession and shall continue such negotiations in good faith until they are concluded or until the Actual Costs are determined in accordance with Clause 13; and pay to the Train Operator such Actual Costs within 28 days of those Actual Costs being agreed or determined in accordance with Clause 13 (as the case may be).