Common use of Conditions precedent to Clause Clause in Contracts

Conditions precedent to Clause. 5 (a) to the extent required by the Act and/or the Railways (Licensing of Railway Undertakings) Regulations 2005, the Train Operator is authorised to be the operator of trains for the provision of the Services by: (i) a licence granted under section 8 of the Act; and/or (ii) a European licence and corresponding SNRP; and/or (iii) a licence exemption under section 7 of the Act; (b) Network Rail is authorised by a licence granted under section 8 of the Act to be the operator of that part of the Network comprising the Route or is exempt from the requirement to be so authorised under section 7 of the Act; (c) each of the Collateral Agreements is executed and delivered by all the parties to each such agreement and is unconditional in all respects (save only for the fulfilment of any condition relating to this contract becoming unconditional); (d) each of the parties has, as necessary, a valid safety certificate or safety authorisation as required by the Railways and Other Guided Transport Systems (Safety) Regulations 2006 and has established and is maintaining a safety management system which meets the requirements of those Regulations; and (e) the provisions of this contract, other than Clause 5, have taken effect in accordance with Clause 3.1; (f) the Operating Arrangements have been agreed between Network Rail and the Train Operator.

Conditions precedent to Clause. 5 (a) to the extent required by the Act and/or the Railways (Licensing of Railway Undertakings) Regulations 2005, the Train Operator is authorised to be the operator of trains for the provision of the Services by: (i) a licence granted under section 8 of the Act; and/or (ii) a European licence and corresponding SNRP; and/or (iii) a licence exemption SNRP or is exempt from the requirement to be so authorised under section 7 of the Act; (b) Network Rail is authorised by a licence granted under section 8 of the Act to be the operator of that part of the Network comprising the Route Routes or is exempt from the requirement to be so authorised under section 7 of the Act; (c) each of the Collateral Agreements is executed and delivered by all the parties to each such agreement and is unconditional in all respects (save only for the fulfilment of any condition relating to this contract becoming unconditional); (d) each of the parties has, as necessary, a valid safety certificate or safety authorisation as required by the Railways and Other Guided Transport Systems (Safety) Regulations 2006 and has established and is maintaining a safety management system which meets the requirements of those Regulations; and; (e) the provisions of this contract, other than Clause clause 5, have taken effect in accordance with Clause clause 3.1;; and (f) the Operating Arrangements have been agreed in writing between Network Rail and the Train Operator.

Conditions precedent to Clause. 55‌ Clause 5 shall take effect on the later of the Commencement Date and when the following conditions precedent have been satisfied in full: (a) to the extent required by the Act and/or the Railways (Licensing of Railway Undertakings) Regulations 2005Regulations, the Train Operator is authorised to be the operator of trains for the provision of the Services by:by:‌ (i) a licence granted under section 8 of the Act; and/or (ii) a European licence and corresponding SNRP; and/or (iii) a licence exemption under section 7 of the Act; (b) Network Rail RfL(I) is authorised by a licence granted under section 8 of the Act to be the operator of that part of the Network CCOS comprising the Route Routes or is exempt from the requirement to be so authorised under section 7 of the Act;Act;‌ (c) each of the Collateral Agreements is executed and delivered by all the parties to each such agreement and is unconditional in all respects (save only for the fulfilment of any condition relating to this contract Contract becoming unconditional);unconditional);‌ (d) each of the parties has, as necessary, a valid safety Safety certificate or safety Safety authorisation as required by the Railways and Other Guided Transport Systems (Safety) Regulations 2006 ROGS and has established and is maintaining a safety management system which meets the requirements of those Regulationsregulations; andand‌ (e) the provisions of this contractContract, other than Clause 5, have taken effect in accordance with Clause 3.1; (f) the Operating Arrangements have been agreed between Network Rail and the Train Operator.