Common use of Disputed amounts repayment and interest rate Clause in Contracts

Disputed amounts repayment and interest rate. (a) Where a party wishes to contest any invoice issued to it under this Schedule 7 (including any invoice in respect of Track Charges) it shall, within 14 days of receipt of the invoice, notify the other party in writing of the amount which is in dispute but shall pay the full amount of the invoice, including the disputed amount, in accordance with the terms of the invoice. (b) Where a party has given notice under paragraph 10.5(a) that it disputes part of any invoiced amount: (i) payment of such sum shall be without prejudice to the determination of whether such sum is properly due or not; and (ii) if it is subsequently determined that the disputed sum, or part of it, was not properly due the payee shall repay the disputed sum, or relevant part, to the payer together with interest (to accrue daily and be compounded monthly) at the Default Interest Rate from the date of payment until the actual date of repayment. 1. For the purposes of the calculation and payment of the Route-Level Efficiency Benefit Share for the Relevant Year ending 31 March 2019, Part 3 and Appendix 7A and Appendix 7B of Schedule 7 of the version of this contract that was in force up until 31 March 2019 shall continue to apply. Part 3A (Not used) Part 4 (Not used)‌‌‌ Each invoice or credit note issued by Network Rail to the Train Operator shall contain or be accompanied by separate itemisation of the following charges and other information (as relevant) in respect of the period covered by the invoice or credit note: (a) not used; (b) the rate of Variable Usage Charge, Infrastructure Cost Charge and any VUC Default Charge and the relevant number of Vehicle Miles or Train Miles applicable to vehicles for each service so charged; (c) not used; (d) not used; (e) not used; (f) not used; (g) not used; (h) not used; (i) not used; (j) the amount of any sum Kt payable as provided in paragraph 6 of Part 2; and (k) in respect of any other sums which have fallen due in accordance with any provisions of this contract, separately the amount payable in respect of each head of charge.

Appears in 3 contracts

Samples: Track Access Contract, Track Access Contract, Track Access Contract

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Disputed amounts repayment and interest rate. (a) Where a party wishes to contest any invoice issued to it under this Schedule 7 (including any invoice in respect of Track Charges) it shall, within 14 days of receipt of the invoice, notify the other party in writing of the amount which is in dispute but shall pay the full amount of the invoice, including the disputed amount, in accordance with the terms of the invoice. (b) Where a party has given notice under paragraph 10.5(a) that it disputes part of any invoiced amount: (i) payment of such sum shall be without prejudice to the determination of whether such sum is properly due or not; and (ii) if it is subsequently determined that the disputed sum, or part of it, was not properly due the payee shall repay the disputed sum, or relevant part, to the payer together with interest (to accrue daily and be compounded monthly) at the Default Interest Rate from the date of payment until the actual date of repayment. 1. For the purposes of the calculation and payment of the Route-Level Efficiency Benefit Share for the Relevant Year ending 31 March 2019, Part 3 and Appendix 7A and Appendix 7B of Schedule 7 of the version of this contract that was in force up until 31 March 2019 shall continue to apply. Part 3A (Additional Charges) (Not used) Part 4 (Not used)‌‌‌ Each invoice or credit note issued by Network Rail to the Train Operator shall contain or be accompanied by separate itemisation of the following charges and other information (as relevant) in respect of the period covered by the invoice or credit note:used)‌ (a) not used; (b) the rate of Variable Usage Charge, Infrastructure Cost Charge and any VUC Default Charge and the relevant number of Vehicle Miles or Train Miles applicable to vehicles for each service so charged; (c) not usedthe rate of Traction Electricity Charge and the number of Vehicle Miles applicable to vehicles for each service or Gross Tonne Miles applicable to units for each service so charged, for the purposes of calculating Etmo in accordance with paragraph 4.1.2 of Part 2; (d) not usedthe amount of the Electrification Asset Usage Charge and the number of days covered by the invoice; (e) not used; (f) not used; (g) not used; (h) not used; (i) not usedthe amount of any sum S1tω and/or S2tω and/or any Charge Correction Amount payable as provided in paragraph 18 of the Traction Electricity Rules; (j) the amount of any sum Kt payable as provided in paragraph 6 of Part 2not used; and (k) in respect of any other sums which have fallen due in accordance with any provisions of this contract, separately the amount payable in respect of each head of charge.

Appears in 1 contract

Samples: Track Access Contract

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Disputed amounts repayment and interest rate. (a) Where a party wishes to contest any invoice issued to it under this Schedule 7 (including any invoice in respect of Track Charges) it shall, within 14 days of receipt of the invoice, notify the other party in writing of the amount which is in dispute but shall pay the full amount of the invoice, including the disputed amount, in accordance with the terms of the invoice. (b) Where a party has given notice under paragraph 10.5(a) that it disputes part of any invoiced amount: (i) payment of such sum shall be without prejudice to the determination of whether such sum is properly due or not; and (ii) if it is subsequently determined that the disputed sum, or part of it, was not properly due the payee shall repay the disputed sum, or relevant part, to the payer together with interest (to accrue daily and be compounded monthly) at the Default Interest Rate from the date of payment until the actual date of repayment. 1. For the purposes of the calculation and payment of the Route-Level Efficiency Benefit Share for the Relevant Year ending 31 March 2019, Part 3 and Appendix 7A and Appendix 7B of Schedule 7 of the version of this contract that was in force up until 31 March 2019 shall continue to apply. Part 3A (Not used) Part 4 (Not used)‌‌‌ Each invoice or credit note issued by Network Rail to the Train Operator shall contain or be accompanied by separate itemisation of the following charges and other information (as relevant) in respect of the period covered by the invoice or credit note: (a) not used; (b) the rate of Variable Usage Charge, Infrastructure Cost Charge and any VUC Default Charge and the relevant number of Vehicle Miles or Train Miles applicable to vehicles for each service so charged; (c) not used; (d) not used; (e) not used; (f) not used; (g) not used; (h) not used; (i) not used; (j) the amount of any sum Kt payable as provided in paragraph 6 of Part 2not used; andand 4th SA (k) in respect of any other sums which have fallen due in accordance with any provisions of this contract, separately the amount payable in respect of each head of charge.

Appears in 1 contract

Samples: Track Access Contract (Passenger Services)

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