Common use of Dealing with Claims Relating to Stations Clause in Contracts

Dealing with Claims Relating to Stations. 3.1 If the Franchisee receives notification of a claim under the EA in respect of any alleged non-compliance with the EA Requirements or otherwise in respect of any Station (an “EA Claim”) then the Franchisee shall: (a) notify the Secretary of State within seven days of receiving notification of the EA Claim. The Franchisee shall at the same time notify the Secretary of State of any reasonable alternative methods of making services at the Station accessible to Disabled Persons that it has considered and/or put in place pursuant to Section 20(4) and Section 20(9), as varied by paragraph 2(3) of Schedule 2, of the EA; (b) if required by the Secretary of State, defend the EA Claim or any aspect of the EA Claim (which may include appealing the judgment). The Secretary of State will, subject to paragraph 3.4, pay the Franchisee's reasonable costs of: (i) any defence or appeal required by the Secretary of State; and/or (ii) compliance with the Secretary of State's instructions in accordance with paragraph 3.1(c); and (c) act in accordance with the reasonable instructions of the Secretary of State to defend the EA Claim (or any aspect of it) as required under paragraph 3.1(b) and shall not (without the prior consent of the Secretary of State) settle or enter into any compromise in relation to the EA Claim (or the relevant aspect of it), including by entering into mediation. 3.2 If, in the reasonable opinion of the Franchisee, it will be more cost effective to settle the EA Claim rather than act in accordance with the Secretary of State's requirement under paragraph 3.1, it shall produce for the Secretary of State's approval a settlement proposal, setting out the terms of the Franchisee's proposals to make an offer to the Disabled Person making the EA Claim and its reasons for making such offer (the “Settlement Proposal”). 3.3 If the Secretary of State does not accept the Settlement Proposal and still requires the Franchisee to defend the EA Claim (or any aspect of it) then the Franchisee shall defend the EA Claim in accordance with paragraph 3.1. 3.4 If the Franchisee is required to defend an EA Claim where it has submitted a Settlement Proposal to the Secretary of State and an award is made in respect of the EA Claim in favour of the person bringing it which is higher than the figure set out in the Settlement Proposal, then, subject to paragraph 3.5, the Secretary of State shall pay to the Franchisee: (a) the difference between such an award and the figure set out in the Settlement Proposal; and (b) the further reasonable costs incurred or payable by the Franchisee in defending the EA Claim, to the extent that such costs have not already been paid by the Secretary of State under paragraph 3.1(b). 3.5 The Secretary of State shall not have any obligation to make the payments described in paragraphs 3.1(b) or 3.4 where it is determined or, if no declaration or determination by the court on this point has been sought or made, the Secretary of State, in his reasonable opinion, considers that the Franchisee has not taken such steps as it is reasonable, in all the circumstances of the case, for it to take to provide a reasonable alternative method of making services at the Station accessible to Disabled Persons.

Dealing with Claims Relating to Stations. 3.1 If during the Franchisee Concession Period the Operator receives notification of a claim under the EA DDA in respect of any alleged non-compliance by it with the EA DDA Requirements or otherwise in respect of any Station (an “EA a DDA Claim”) ), then the Franchisee Operator shall: (a) notify the Secretary of State RfL within seven days of receiving notification of the EA DDA Claim. The Franchisee Operator shall at the same time notify the Secretary of State RfL of any reasonable alternative methods of making services at the Station accessible to Disabled Persons that it has considered and/or put in place pursuant to Section 20(4) and Section 20(9), as varied by paragraph 2(321(2)(d) of Schedule 2, of the EADDA; (b) if required by the Secretary of StateRfL, defend the EA DDA Claim or any aspect of the EA DDA Claim (which may include appealing the judgment). The Secretary of State RfL will, subject to paragraph 3.4, pay the Franchisee's Operator’s reasonable costs of: (i) any defence or appeal required by the Secretary of StateRfL; and/or (ii) compliance with the Secretary of State's RfL’s instructions in accordance with paragraph 3.1(c); and (c) act in accordance with the reasonable instructions of the Secretary of State RfL to defend the EA DDA Claim (or any aspect of it) as required under paragraph 3.1(b) and shall not (without the prior consent of the Secretary of StateRfL) settle or enter into any compromise in relation to the EA DDA Claim (or the relevant aspect of it), including by entering into mediation. 3.2 If, in the reasonable opinion of the FranchiseeOperator, it will be more cost effective to settle the EA DDA Claim rather than act in accordance with the Secretary of State's RfL’s requirement under paragraph 3.1, it shall produce for the Secretary of State's RfL’s approval a settlement proposal, setting out the terms of the Franchisee's Operator’s proposals to make an offer to the Disabled Person making the EA DDA Claim and its reasons for making such offer (the “Settlement Proposal”). 3.3 If the Secretary of State RfL does not accept the Settlement Proposal and still requires the Franchisee Operator to defend the EA DDA Claim (or any aspect of it) then the Franchisee Operator shall defend the EA DDA Claim in accordance with paragraph 3.1. 3.4 If the Franchisee Operator is required to defend an EA a DDA Claim where it has submitted a Settlement Proposal to the Secretary of State RfL and an award is made in respect of the EA DDA Claim in favour of the person Disabled Person bringing it which is higher than the figure set out in the Settlement Proposal, then, subject to paragraph 3.5, the Secretary of State RfL shall pay to the FranchiseeOperator: (a) the difference between such an award and the figure set out in the Settlement Proposal; and (b) the further reasonable costs incurred or payable by the Franchisee Operator in defending the EA DDA Claim, to the extent that such costs have not already been paid by the Secretary of State RfL under paragraph 3.1(b). 3.5 The Secretary of State RfL shall not have any obligation to make the payments described in paragraphs 3.1(b) or 3.4 where it is determined or, if no declaration or determination by the court on this point has been sought or made, the Secretary of StateRfL, in his its reasonable opinion, considers that the Franchisee Operator has not taken such steps as it is reasonable, in all the circumstances of the case, for it to take to provide a reasonable alternative method of making services at the Station accessible to Disabled Persons.

Dealing with Claims Relating to Stations. 3.1 If the Franchisee receives notification of a claim under the EA in respect of any alleged non-compliance with the EA Requirements or otherwise in respect of any Station (an “"EA Claim”") then the Franchisee shall: (a) notify the Secretary of State within seven days of receiving notification of the EA Claim. The Franchisee shall at the same time notify the Secretary of State of any reasonable alternative methods of making services at the Station accessible to Disabled Persons that it has considered and/or put in place pursuant to Section 20(4) and Section 20(9), as varied by paragraph 2(3) of Schedule 2, of the EA; (b) if required by the Secretary of State, defend the EA Claim or any aspect of the EA Claim (which may include appealing the judgment). The Secretary of State will, subject to paragraph 3.4, pay the Franchisee's reasonable costs of: (i) any defence or appeal required by the Secretary of State; and/or (ii) compliance with the Secretary of State's instructions in accordance with paragraph 3.1(c); and (c) act in accordance with the reasonable instructions of the Secretary of State to defend the EA Claim (or any aspect of it) as required under paragraph 3.1(b) and shall not (without the prior consent of the Secretary of State) settle or enter into any compromise in relation to the EA Claim (or the relevant aspect of it), including by entering into mediation. 3.2 If, in the reasonable opinion of the Franchisee, it will be more cost effective to settle the EA Claim rather than act in accordance with the Secretary of State's requirement under paragraph 3.1, it shall produce for the Secretary of State's approval a settlement proposal, setting out the terms of the Franchisee's proposals to make an offer to the Disabled Person making the EA Claim and its reasons for making such offer (the “"Settlement Proposal”"). 3.3 If the Secretary of State does not accept the Settlement Proposal and still requires the Franchisee to defend the EA Claim (or any aspect of it) then the Franchisee shall defend the EA Claim in accordance with paragraph 3.1. 3.4 If the Franchisee is required to defend an EA Claim where it has submitted a Settlement Proposal to the Secretary of State and an award is made in respect of the EA Claim in favour of the person bringing it which is higher than the figure set out in the Settlement Proposal, then, subject to paragraph 3.5, the Secretary of State shall pay to the Franchisee: (a) the difference between such an award and the figure set out in the Settlement Proposal; and (b) the further reasonable costs incurred or payable by the Franchisee in defending the EA Claim, to the extent that such costs have not already been paid by the Secretary of State under paragraph 3.1(b). 3.5 The Secretary of State shall not have any obligation to make the payments described in paragraphs 3.1(b) or 3.4 where it is determined or, if no declaration or determination by the court on this point has been sought or made, the Secretary of State, in his reasonable opinion, considers that the Franchisee has not taken such steps as it is reasonable, in all the circumstances of the case, for it to take to provide a reasonable alternative method of making services at the Station accessible to Disabled Persons.

Dealing with Claims Relating to Stations. 3.1 If during the Franchise Period the Franchisee receives notification of a claim under the EA DDA in respect of any alleged non-compliance with the EA DDA Requirements or otherwise in respect of any Station (an “EA a DDA Claim”) then the Franchisee shallshaU: (a) notify the Secretary of State Authority within seven 7 days of receiving notification of the EA DDA Claim. The Franchisee shall at the same time notify the Secretary of State Authority of any reasonable alternative methods of making services at the Station accessible to Disabled Persons that it has considered and/or put in place pursuant plaCe pUlSuant to Section 20(4) and Section 20(9), as varied by paragraph 2(321(2)(d) of Schedule 2, of the EA;DDA; p•• ~ 226 orSS6 tFA (b) if required by the Secretary of StateAuthority, defend the EA DDA Claim or any aspect of the EA DDA Claim (which may include appealing the judgmentjudgment or decree). The Secretary of State Authority will, subject to paragraph 3.4, pay the Franchisee's reasonable costs of: (i) any defence or appeal required by the Secretary of StateAuthority; and/or (ii) compliance with the Secretary of StateAuthority's instructions in accordance with paragraph 3.1(c); and (c) act in accordance with the reasonable instructions of the Secretary of State Authority to defend the EA DDA Claim (or any aspect of it) as required under paragraph 3.1(b3. I(b) and shall shaJl not (without the prior consent of the Secretary of StateAuthority) settle or enter into any compromise in relation to the EA DDA Claim (or the relevant aspect of it), including by entering into mediation. 3.2 If, in the reasonable opinion of the FranchiseeFnmchisee, it will be more cost effective to settle the EA DDA Claim rather than act in accordance with the Secretary of StateAuthority's requirement under paragraph 3.1, it shall produce for the Secretary of StateAuthority's approval a settlement proposal, setting out the terms of the Franchisee's proposals to make an offer to the Disabled Person making the EA Claim and its reasons for making such offer proposal (the “Settlement Proposal”). 3.3 If the Secretary of State Authority does not accept the Settlement Proposal and still requires the Franchisee Fmnchisee to defend the EA DDA Claim (or any aspect of it) then the Franchisee shall defend the EA DDA Claim in accordance with paragraph 3.1. 3.4 If the Franchisee is required to defend an EA a DDA Claim where it has submitted a Settlement Proposal to the Secretary of State Authority and an award is made in respect of the EA DDA Claim in favour of the person bringing it which is higher than the figure set out in the Settlement Proposal, then, subject to paragraph 3.5, the Secretary of State Authority shall pay to the Franchisee: (a) the difference between such an award and the figure set out in the Settlement Proposal; and (b) the further reasonable costs incurred or payable by the Franchisee in defending the EA DDA Claim, to the extent that such costs have not already been paid by the Secretary of State Authority under paragraph 3.1(b3. I(b). 3.5 The Secretary of State Authority shall not have any obligation to make the payments described descn'bed in paragraphs 3.1(b3. 1(b) or 3.4 where it is determined or, if no declaration or determination detennination by the court on this point has been sought or made, the Secretary of StateAuthority, in his its reasonable opinion, considers that the Franchisee has bas not taken such steps as it is reasonable, in all the circumstances of the case, for it to take to provide a reasonable alternative method of making services at the Station accessible to Disabled Persons. ' Pap 227ofS56 tFA 1. Providing additional sigoage. where it does not currently exist, to allow better way finding around the station by Disabled Persons.

Dealing with Claims Relating to Stations. 3.1 If the Franchisee receives notification of a claim under the EA in respect of any alleged non-non- compliance with the EA Requirements or otherwise in respect of any Station (an “EA Claim”) then the Franchisee shall: (a) notify the Secretary of State within seven (7) days of receiving notification of the EA Claim. The Franchisee shall at the same time notify the Secretary of State of any reasonable alternative methods of making services at the Station accessible to Disabled Persons that it has considered and/or put in place pursuant to Section section 20(4) and Section section 20(9), as varied by paragraph 2(3) of Schedule 2, of the EA; (b) if required by the Secretary of State, defend the EA Claim or any aspect of the EA Claim (which may include appealing the judgment). The Secretary of State will, subject to paragraph 3.4, pay the Franchisee's reasonable costs of: (i) any defence or appeal required by the Secretary of State; and/or (ii) compliance with the Secretary of State's instructions in accordance with paragraph 3.1(c); and (c) act in accordance with the reasonable instructions of the Secretary of State to defend the EA Claim (or any aspect of it) as required under paragraph 3.1(b) and shall not (without the prior consent of the Secretary of State) settle or enter into any compromise in relation to the EA Claim (or the relevant aspect of it), including by entering into mediation. 3.2 If, in the reasonable opinion of the Franchisee, it will be more cost effective to settle the EA Claim rather than act in accordance with the Secretary of State's requirement under paragraph 3.1, it shall produce for the Secretary of State's approval a settlement proposal, setting out the terms of the Franchisee's proposals to make an offer to the Disabled Person making the EA Claim and its reasons for making such offer (the “Settlement Proposal”). 3.3 If the Secretary of State does not accept the Settlement Proposal and still requires the Franchisee to defend the EA Claim (or any aspect of it) then the Franchisee shall defend the EA Claim in accordance with paragraph 3.1. 3.4 If the Franchisee is required to defend an EA Claim where it has submitted a Settlement Proposal to the Secretary of State and an award is made in respect of the EA Claim in favour of the person bringing it which is higher than the figure set out in the Settlement Proposal, then, subject to paragraph 3.5, the Secretary of State shall pay to the Franchisee: (a) the difference between such an award and the figure set out in the Settlement Proposal; and (b) the further reasonable costs incurred or payable by the Franchisee in defending the EA Claim, to the extent that such costs have not already been paid by the Secretary of State under paragraph 3.1(b). 3.5 The Secretary of State shall not have any obligation to make the payments described in paragraphs 3.1(b) or 3.4 where it is determined or, if no declaration or determination by the court on this point has been sought or made, the Secretary of State, in his reasonable opinion, considers that the Franchisee has not taken such steps as it is reasonable, in all the circumstances of the case, for it to take to provide a reasonable alternative method of making services at the Station accessible to Disabled Persons.