Common use of Expiry for failure to commence operations Clause in Contracts

Expiry for failure to commence operations. (a) Subject to Clause 3.7(b), this contract shall lapse, save for the obligations of confidence contained in Clause 14 which shall continue in force, if the Train Operator has not commenced the operation of Services on or before 2nd July 2012. (b) XXX shall be entitled, by issuing a notice to the parties, to modify the date in 3.7(a) if: (i) it has consulted the parties; and (ii) it has taken into account any representations that have been made to it within such period as it has specified for the purpose; and (iii) having regard to its duties under section 4 of the Act it concludes that it is appropriate to issue such a notice. XXX shall be entitled to issue more than one notice under this Clause 3.7(b).