Common use of Determining the Affected Train Service Type Clause in Contracts

Determining the Affected Train Service Type. (a) If the relevant Train Service Type (Split Train Service Type) operated by the Defaulting Operator which has exceeded the Maximum Payload is also operated by another Operator (Non-Defaulting Operator): (i) the Train Service Type operated by the Defaulting Operator (New Train Service Type); and (ii) the Train Service Type operated by the Non-Defaulting Operator (Original Train Service Type), are deemed to be two different Train Service Types on the basis that:

Determining the Affected Train Service Type. (a) If the relevant Train Service Type (Split Train Service Type) operated by in respect of which the Defaulting Operator which has exceeded failed to comply with the Maximum Payload relevant Train Service Description is also operated by another Operator (Non-Non- Defaulting Operator): (i) the Train Service Type operated by the Defaulting Operator (New Train Service Type); and (ii) the Train Service Type operated by the Non-Defaulting Operator (Original Train Service Type), are deemed to be two different Train Service Types on the basis that: