Corresponding Rights. In relation to any Corresponding Right: (a) any Access Proposal or Rolled Over Access Proposal made under the Previous Access Agreement in relation to a Train Slot in respect of which there is a Corresponding Right shall: (i) cease to have effect under the Previous Access Agreement as from the Transition Date; and (ii) be deemed to have effect under this contract as from the Transition Date; (b) any Train Slot which is the subject of an Access Proposal or Rolled Over Access Proposal referred to in clause 19.1(a) shall for all purposes be treated as if it had been established in and under this contract and not the Previous Access Agreement; (c) any consultations undertaken, notices served, matters referred to dispute resolution, agreements reached or determinations made which: (i) are made in accordance with Parts D, F, G or H of the Network Code under the Previous Access Agreement in relation to the Engineering Access Statement or the Timetable Planning Rules, Major Projects, Vehicle Change, Network Change or train regulation; and (ii) relate to a right under the Previous Access Agreement which is the subject of a Corresponding Right, shall: (A) cease to have effect under the Previous Access Agreement as from the Transition Date; and (B) be deemed to have effect under this contract as from the Transition Date; and (d) in applying Schedule 4, effect shall be given: (i) in relation to any Restriction of Use which was notified before the Transition Date, to any Previous Notification Factor; (ii) in relation to any Significant Restrictions of Use, to any bespoke compensation arrangements established under the Previous Access Agreement; and (iii) in relation to any Competent Authority Restrictions of Use, to any bespoke compensation arrangements established under the Previous Access Agreement.
Appears in 22 contracts
Samples: Track Access Contract (Passenger Services), Track Access Contract (Passenger Services), Track Access Contract (Passenger Services)
Corresponding Rights. In relation to any Corresponding Right:
(a) any Access Proposal or Rolled Over Access Proposal made under the Previous Access Agreement in relation to a Train Slot in respect of which there is a Corresponding Right shall:
(i) cease to have effect under the Previous Access Agreement as from the Transition Date; and
(ii) be deemed to have effect under this contract as from the Transition Date;
(b) any Train Slot which is the subject of an Access Proposal or Rolled Over Access Proposal referred to in clause 19.1(a) shall for all purposes be treated as if it had been established in and under this contract and not the Previous Access Agreement;
(c) any consultations undertaken, notices served, matters referred to dispute resolution, agreements reached or determinations made which:
(i) are made in accordance with Parts D, F, G or H of the Network Code under the Previous Access Agreement in relation to the Engineering Access Statement or the Timetable Planning Rules, Major Projects, Vehicle Change, Network Change or train regulation; and
(ii) relate to a right under the Previous Access Agreement which is the subject of a Corresponding Right, shall:,
(A) cease to have effect under the Previous Access Agreement as from the Transition Date; and
(B) be deemed to have effect under this contract as from the Transition Date; and
(d) in applying Schedule 4, effect shall be given:
(i) in relation to any Restriction of Use which was notified before the Transition Date, to any Previous Notification Factor;
(ii) in relation to any Significant Restrictions of Use, to any bespoke compensation arrangements established under the Previous Access Agreement; and
(iii) in relation to any Competent Authority Restrictions of Use, to any bespoke compensation arrangements established under the Previous Access Agreement.
Appears in 19 contracts
Samples: Track Access Contract (Passenger Services), Track Access Contract (Passenger Services), Track Access Contract (Passenger Services)
Corresponding Rights. In relation to any Corresponding Right:
(a) any Access Proposal or Rolled Over Access Proposal made under the Previous Access Agreement in relation to a Train Slot in respect of which there is a Corresponding Right shall:
(i) cease to have effect under the Previous Access Agreement as from the Transition Date; and
(ii) be deemed to have effect under this contract Contract as from the Transition Date;
(b) any Train Slot which is the subject of an Access Proposal or Rolled Over Access Proposal referred to in clause Clause 19.1(a) shall for all purposes be treated as if it had been established in and under this contract Contract and not the Previous Access Agreement;
(c) any consultations undertaken, notices served, matters referred to dispute resolution, agreements reached or determinations made which:
(i) are made in accordance with Parts D, F, G or H of the CCOS Network Code under the Previous Access Agreement in relation to the CCOS Engineering Access Statement or the CCOS Timetable Planning Rules, Major ProjectsComplex Projects Procedure, CCOS Vehicle Change, CCOS Network Change Change, any other Restrictions of Use or train regulation; and
(ii) relate to a right under the Previous Access Agreement which is the subject of a Corresponding Right, shall:
(A) cease to have effect under the Previous Access Agreement as from the Transition Date; and
(B) be deemed to have effect under this contract Contract as from the Transition Date; and
(d) in applying Schedule 4, effect shall be given:
(i) in relation to any Restriction of Use which was notified before the Transition Date, to any Previous Notification Factor;
(ii) in relation to any Significant Restrictions of Use, to any bespoke compensation arrangements established under the Previous Access Agreement; and
(iii) given in relation to any Competent Authority Restrictions of Use, to any bespoke compensation arrangements established under the Previous Access Agreement.
Appears in 5 contracts
Samples: Track Access Contract, Track Access Contract, Track Access Contract
Corresponding Rights. In relation to any Corresponding Right:
(a) any Access Proposal or Rolled Over Access Proposal made under the Previous Access Agreement in relation to a Train Slot in respect of which there is a Corresponding Right shall:
(i) cease to have effect under the Previous Access Agreement as from the Transition Date; and
(ii) be deemed to have effect under this contract as from the Transition Date;
(b) any Train Slot which is the subject of an Access Proposal or Rolled Over Access Proposal referred to in clause 19.1(a) shall for all purposes be treated as if it had been established in and under this contract and not the Previous Access Agreement;
(c) any consultations undertaken, notices served, matters referred to dispute resolution, agreements reached or determinations made served and network changes which:
(i) are made in accordance with Parts D, F, G or H of the Network Code relevant network code under the Previous Access Agreement in relation to the extent relating to the CVL Engineering Access Statement or the Timetable Planning Rules, Major Projects, CVL Vehicle Change, CVL Network Change or train regulation; and
(ii) relate to a right under the Previous Access Agreement which is the subject of a Corresponding Right, shall:,
(A) cease to have effect under the Previous Access Agreement as from the Transition Date; and
(B) be deemed to have effect under this contract as from the Transition Date; and
(d) in applying Schedule 4, effect shall be given:
(i) given in relation to any Restriction of Use which was notified before the Transition Date, to any Previous Notification Factor;
(ii) in relation to any Significant Restrictions of Use, to any bespoke compensation arrangements established under the Previous Access Agreement; and
(iii) in relation to any Competent Authority Restrictions of Use, to any bespoke compensation arrangements established under the Previous Access Agreement.
Appears in 5 contracts
Samples: Track Access Contract, Track Access Contract, Track Access Contract
Corresponding Rights. In relation to any Corresponding Right:
(a) any Access Proposal or Rolled Over Access Proposal made under the Previous Access Agreement in relation to a Train Slot in respect of which there is a Corresponding Right shall:
(i) cease to have effect under the Previous Access Agreement as from the Transition Date; andand
(ii) be deemed to have effect under this contract as from the Transition Date;Date;
(b) any Train Slot which is the subject of an Access Proposal or Rolled Over Access Proposal referred to in clause 19.1(a) shall for all purposes be treated as if it had been established in and under this contract and not the Previous Access Agreement;Agreement;
(c) any consultations undertaken, notices served, matters referred to dispute resolution, agreements reached or determinations made which:which:
(i) are made in accordance with Parts D, F, G or H of the Network Code under the Previous Access Agreement in relation to the Engineering Access Statement or the Timetable Planning Rules, Major Projects, Projects, Vehicle Change, Network Change or train regulation; and
(ii) relate to a right under the Previous Access Agreement which is the subject of a Corresponding Right, Right, shall:
(A) cease to have effect under the Previous Access Agreement as from the Transition Date; andand
(B) be deemed to have effect under this contract as from the Transition Date; andand
(d) in applying Schedule 4, effect shall be given:
(i) in relation to any Restriction of Use which was notified before the Transition Date, to any Previous Notification Factor;Factor;
(ii) in relation to any Significant Restrictions of Use, to any bespoke compensation arrangements established under the Previous Access Agreement; andand
(iii) in relation to any Competent Authority Restrictions of Use, to any bespoke compensation arrangements established under the Previous Access Agreement.
Appears in 1 contract
Samples: Track Access Contract
Corresponding Rights. In relation to any Corresponding Right:
(a) any Access Proposal or Rolled Over Access Proposal made under the Previous Access Agreement in relation to a Train Slot in respect of which there is a Corresponding Right shall:
(i) cease to have effect under the Previous Access Agreement as from the Transition Date; and
(ii) be deemed to have effect under this contract as from the Transition Date;
(b) any Train Slot which is the subject of an Access Proposal or Rolled Over Access Proposal referred to in clause 19.1(a) shall for all purposes be treated as if it had been established in and under this contract and not the Previous Access Agreement;
(c) any consultations undertaken, notices served, matters referred to dispute resolution, agreements reached or determinations made served and network changes which:
(i) are made in accordance with Parts D, F, G or H of the Network Code relevant network code under the Previous Access Agreement in relation to the extent relating to the CVL Engineering Access Statement or the Timetable Planning Rules, Major Projects, CVL Vehicle Change, CVL Network Change or train regulation; and
(ii) relate to a right under the Previous Access Agreement which is the subject of a Corresponding Right, shall:
(A) cease to have effect under the Previous Access Agreement as from the Transition Date; and
(B) be deemed to have effect under this contract as from the Transition Date; and
(d) in applying Schedule 4, effect shall be given:
(i) given in relation to any Restriction of Use which was notified before the Transition Date, to any Previous Notification Factor;
(ii) in relation to any Significant Restrictions of Use, to any bespoke compensation arrangements established under the Previous Access Agreement; and
(iii) in relation to any Competent Authority Restrictions of Use, to any bespoke compensation arrangements established under the Previous Access Agreement.
Appears in 1 contract
Samples: Track Access Contract
Corresponding Rights. In relation to any Corresponding Right:
(a) : any Access Proposal or Rolled Over Access Proposal made under the Previous Access Agreement in relation to a Train Slot in respect of which there is a Corresponding Right shall:
(i) : cease to have effect under the Previous Access Agreement as from the Transition Date; and
(ii) and be deemed to have effect under this contract as from the Transition Date;
(b) ; any Train Slot which is the subject of an Access Proposal or Rolled Over Access Proposal referred to in clause 19.1(a) shall for all purposes be treated as if it had been established in and under this contract and not the Previous Access Agreement;
(c) ; any consultations undertaken, notices served, matters referred to dispute resolution, agreements reached or determinations made which:
(i) : are made in accordance with Parts D, F, G or H of the Network Code under the Previous Access Agreement in relation to the Engineering Access Statement or the Timetable Planning Rules, Major Projects, Vehicle Change, Network Change or train regulation; and
(ii) and relate to a right under the Previous Access Agreement which is the subject of a Corresponding Right, shall:
(A) : cease to have effect under the Previous Access Agreement as from the Transition Date; and
(B) and be deemed to have effect under this contract as from the Transition Date; and
(d) and in applying Schedule 4, effect shall be given:
(i) : in relation to any Restriction of Use which was notified before the Transition Date, to any Previous Notification Factor;
(ii) ; in relation to any Significant Restrictions of Use, to any bespoke compensation arrangements established under the Previous Access Agreement; and
(iii) and in relation to any Competent Authority Restrictions of Use, to any bespoke compensation arrangements established under the Previous Access Agreement.. In this clause 19:
Appears in 1 contract
Samples: Track Access Contract
Corresponding Rights. In relation to any Corresponding Right:
(a) any Access Proposal or Rolled Over Access Proposal ProposalMOD A made under the Previous Access Agreement in relation to a Train Slot in respect of which there is a Corresponding Right shall:
(i) cease to have effect under the Previous Access Agreement as from the Transition Date; and
(ii) be deemed to have effect under this contract as from the Transition Date;
(b) any Train Slot which is the subject of an Access Proposal or Rolled Over Access Proposal ProposalMOD A referred to in clause Clause 19.1(a) shall for all purposes be treated as if it had been established in and under this contract and not the Previous Access Agreement;
(c) any consultations undertaken, notices served, matters referred to dispute resolution, agreements reached or determinations made which:
(i) are made in accordance with Parts D, F, G or H of the Network Code under the Previous Access Agreement in relation to the Engineering Access Statement or the Timetable Planning RulesRulesMOD A, Major Projects, Vehicle Change, Network Change or train regulation; and
(ii) relate to a right under the Previous Access Agreement which is the subject of a Corresponding Right, shall:
(A) cease to have effect under the Previous Access Agreement as from the Transition Date; and
(B) be deemed to have effect under this contract as from the Transition Date; and
(d) in applying Schedule 4, effect shall be given:
(i) in relation to any Restriction of Use which was notified before the Transition Date, to any Previous Notification Factor;
(ii) in relation to any Significant Restrictions of Use, to any bespoke compensation arrangements established under the Previous Access Agreement; and
(iii) in relation to any Competent Authority Restrictions of Use, to any bespoke compensation arrangements established under the Previous Access Agreement.
Appears in 1 contract
Corresponding Rights. In relation to any Corresponding Right:
(a) any Access Proposal or Rolled Over Access Proposal made under the Previous Access Agreement in relation to a Train Slot in respect of which there is a Corresponding Right shall:
(i) cease to have effect under the Previous Access Agreement as from the Transition Date; and
(ii) be deemed to have effect under this contract Contract as from the Transition Date;
(b) any Train Slot which is the subject of an Access Proposal or Rolled Over Access Proposal referred to in clause Clause 19.1(a) shall for all purposes be treated as if it had been established in and under this contract Contract and not the Previous Access Agreement;
(c) any consultations undertaken, notices served, matters referred to dispute resolution, agreements reached or determinations made which:
(i) are made in accordance with Parts D, F, G or H of the CCOS Network Code under the Previous Access Agreement in relation to the CCOS Engineering Access Statement or the CCOS Timetable Planning Rules, Major ProjectsComplex Projects Procedure, CCOS Vehicle Change, CCOS Network Change Change, any other Restrictions of Use or train regulation; and
(ii) relate to a right under the Previous Access Agreement which is the subject of a Corresponding Right, shall:
(A) cease to have effect under the Previous Access Agreement as from the Transition Date; and
(B) be deemed to have effect under this contract Contract as from the Transition Date; and
(d) in applying Schedule 4, effect shall be given:
(i) in relation to any Restriction of Use which was notified before the Transition Date, to any Previous Notification Factor;
(ii) in relation to any Significant Restrictions of Use, to any bespoke compensation arrangements established under the Previous Access Agreement; and
(iii) given in relation to any Competent Authority Restrictions Restriction of Use, to any bespoke compensation arrangements established under the Previous Access Agreement.
Appears in 1 contract
Samples: Track Access Contract
Corresponding Rights. In relation to any Corresponding Right:
(a) any Access Proposal or Rolled Over Access Proposal made under the Previous Access Agreement in relation to a Train Slot in respect of which there is a Corresponding Right shall:
(i) cease to have effect under the Previous Access Agreement as from the Transition Date; and
(ii) be deemed to have effect under this contract as from the Transition Date;
(b) any Train Slot which is the subject of an Access Proposal or Rolled Over Access Proposal referred to in clause Clause 19.1(a) shall for all purposes be treated as if it had been established in and under this contract and not the Previous Access Agreement;
(c) any consultations undertaken, notices served, matters referred to dispute resolution, agreements reached or determinations made which:
(i) are made in accordance with Parts D, F, G or H of the CCOS Network Code under the Previous Access Agreement in relation to the CCOS Engineering Access Statement or the CCOS Timetable Planning Rules, Major ProjectsComplex Projects Procedure, CCOS Vehicle Change, CCOS Network Change Change, any other Restrictions of Use or train regulation; and
(ii) relate to a right under the Previous Access Agreement which is the subject of a Corresponding Right, shall:
(A) cease to have effect under the Previous Access Agreement as from the Transition Date; and
(B) be deemed to have effect under this contract as from the Transition Date; and
(d) in applying Schedule 4, effect shall be given:
(i) in relation to any Restriction of Use which was notified before the Transition Date, to any Previous Notification Factor;
(ii) in relation to any Significant Restrictions of Use, to any bespoke compensation arrangements established under the Previous Access Agreement; and
(iii) given in relation to any Competent Authority Restrictions of Use, to any bespoke compensation arrangements established under the Previous Access Agreement.
Appears in 1 contract
Samples: Track Access Contract