Common use of Finalising the Train Plan Clause in Contracts

Finalising the Train Plan. 12.1 The Operator shall submit its Train Plan to RfL as soon as reasonably practicable after each Infrastructure Manager has published the working timetable on which the Timetable is to be based. 12.2 RfL may notify the Operator of: (a) any respect in which it considers that the Train Plan does not comply with the requirements of this Schedule 1.1; and (b) any revisions that it requires to address such non-compliance, and the Operator shall revise the Train Plan in accordance with RfL’s requirements. 12.3 If the Operator considers that any of the revisions that RfL requires pursuant to paragraph 12.2(b) are not required for the Train Plan to comply with this Schedule 1.1 then: (a) it shall nevertheless make such revisions; (b) it may subsequently refer the question as to whether such revisions were so required for resolution in accordance with such dispute resolution procedure as the parties may agree or, in the absence of agreement, in accordance with the Dispute Resolution Rules; and (c) following determination of any such dispute, the parties shall take such steps as are required to give effect to such determination.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

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Finalising the Train Plan. 12.1 11.1 The Operator Franchisee shall submit its Train Plan to RfL the Secretary of State as soon as reasonably practicable after each Infrastructure Manager Network Rail has published the working timetable on which the Timetable is to be based. 12.2 RfL 11.2 The Secretary of State may notify the Operator Franchisee of: (a) any respect in which it he considers that the Train Plan does not comply with the requirements of this Schedule 1.1; and (b) any revisions that it he requires to address such non-compliance, and the Operator Franchisee shall revise the Train Plan in accordance with RfL’s the Secretary of State's requirements. 12.3 11.3 If the Operator Franchisee considers that any of the revisions that RfL the Secretary of State requires pursuant to paragraph 12.2(b11.2(b) are not required for the Train Plan to comply with this Schedule 1.1 then: (a) it shall nevertheless make such revisions; (b) it may subsequently refer the question as to whether such revisions were so required for resolution in accordance with such dispute resolution procedure as the parties may agree or, in the absence of agreement, in accordance with the Dispute Resolution Rules; and (c) following determination of any such dispute, the parties shall take such steps as are required to give effect to such determination.

Appears in 2 contracts

Samples: Franchise Agreement, Franchise Agreement

Finalising the Train Plan. 12.1 13.1 The Operator Franchisee shall submit its Train Plan to RfL the Secretary of State as soon as reasonably practicable after each Infrastructure Manager Network Rail has published the working timetable on which the Timetable is to be based. 12.2 RfL 13.2 The Secretary of State may notify the Operator Franchisee of: (a) any respect in which it he considers that the Train Plan does not comply with the requirements of this Schedule 1.1; and (b) any revisions that it he requires to address such non-compliance, and the Operator Franchisee shall revise the Train Plan in accordance with RfLthe Secretary of State’s requirements. 12.3 13.3 If the Operator Franchisee considers that any of the revisions that RfL the Secretary of State requires pursuant to paragraph 12.2(b13.2(b) are not required for the Train Plan to comply with this Schedule 1.1 then: (a) it shall nevertheless make such revisions; (b) it may subsequently refer the question as to whether such revisions were so required for resolution in accordance with such dispute resolution procedure as the parties may agree or, in the absence of agreement, in accordance with the Dispute Resolution Rules; and (c) following determination of any such dispute, the parties shall take such steps as are required to give effect to such determination.

Appears in 1 contract

Samples: Franchise Agreement

Finalising the Train Plan. 12.1 13.1 The Operator shall submit its Train Plan to RfL as soon as reasonably practicable after each Infrastructure Manager has published the its working timetable on which the relevant part of the Timetable is to be based. 12.2 13.2 RfL may notify the Operator of: (a) any respect in which it considers that the Train Plan does not comply with the requirements of this Schedule 1.1; and (b) any revisions that it requires to address such non-compliance, and the Operator shall revise the Train Plan in accordance with RfL’s requirements. 12.3 13.3 If the Operator considers that any of the revisions that RfL requires pursuant to paragraph 12.2(b13.2(b) are not required for the Train Plan to comply with this Schedule 1.1 1.1, then: (a) it shall nevertheless make such revisions; (b) it may subsequently refer the question as to whether such revisions were so required for resolution in accordance with such dispute resolution procedure as the parties may agree or, in the absence of agreement, in accordance with the Dispute Resolution Rules; and (c) following determination of any such dispute, the parties shall take such steps as are required to give effect to such determination.

Appears in 1 contract

Samples: Concession Agreement

Finalising the Train Plan. 12.1 The Operator Franchisee shall submit its Train Plan to RfL the Secretary of State as soon as reasonably practicable after each Infrastructure Manager Network Rail has published the working timetable on which the Timetable is to be based. 12.2 RfL The Secretary of State may notify the Operator Franchisee of: (a) any respect in which it he considers that the Train Plan does not comply with the requirements of this Schedule 1.1; and (b) any revisions that it he requires to address such non-non compliance, and the Operator Franchisee shall revise the Train Plan in accordance with RfL’s requirementsthe Secretary of State's requirements subject to the rights and obligations of each Train Service Provider under the applicable TSA. 12.3 If the Operator Franchisee considers that any of the revisions that RfL the Secretary of State requires pursuant to paragraph 12.2(b12.2 (b) are not required for the Train Plan to comply with this Schedule 1.1 then: (a) subject to the rights and obligations of each Train Service Provider under the applicable TSA, it shall nevertheless make such revisions; (b) it may subsequently refer the question as to whether such revisions were so required for resolution in accordance with such dispute resolution procedure as the parties may agree or, in the absence of agreement, in accordance with the Dispute Resolution Rules; and (c) following determination of any such dispute, the parties shall take such steps as are required to give effect to such determination.

Appears in 1 contract

Samples: Franchise Agreement

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Finalising the Train Plan. 12.1 The Operator Franchisee shall submit its Train Plan to RfL the Secretary of State as soon as reasonably practicable after each the Infrastructure Manager has published the working timetable on which the Timetable is to be based. 12.2 RfL The Secretary of State may notify the Operator Franchisee of: (a) any respect in which it he considers that the Train Plan does not comply with the requirements of this Schedule 1.1; and (b) any revisions that it he requires to address such non-compliance, and the Operator Franchisee shall revise the Train Plan in accordance with RfL’s the Secretary of State's requirements. 12.3 If the Operator Franchisee considers that any of the revisions that RfL the Secretary of State requires pursuant to paragraph 12.2(b) are not required for the Train Plan to comply with this Schedule 1.1 then: (a) it shall nevertheless make such revisions; (b) it may subsequently refer the question as to whether such revisions were so required for resolution in accordance with such dispute resolution procedure as the parties may agree or, in the absence of agreement, in accordance with the Dispute Resolution Rules; and (c) following determination of any such dispute, the parties shall take such steps as are required to give effect to such determination.

Appears in 1 contract

Samples: Franchise Agreement

Finalising the Train Plan. 12.1 14.1 The Operator Franchisee shall submit its Train Plan to RfL the Authority and each Executive as soon as reasonably practicable after each Infrastructure Manager Network Rail has published the working timetable on which the Timetable is to be based. 12.2 RfL 14.2 The Authority may notify the Operator Franchisee of: (a) any respect in which it considers that the Train Plan does not comply with the requirements of this Schedule 1.1; and (b) any revisions that it the Authority requires to address such non-compliance, and the Operator Franchisee shall revise the Train Plan in accordance with RfLthe Authority’s requirements. 12.3 14.3 If the Operator Franchisee considers that any of the revisions that RfL the Authority requires pursuant to paragraph 12.2(b14.2(b) are not required for the Train Plan to comply with this Schedule 1.1 then: (a) it shall nevertheless make such revisions; (b) it may subsequently refer the question as to whether such revisions were so required for resolution in accordance with such dispute resolution procedure as it and the parties Authority may agree or, in the absence of agreement, in accordance with the Dispute Resolution Rules; and (c) following determination of any such dispute, the parties shall take such steps as are required to give effect to such determination.

Appears in 1 contract

Samples: Passenger Transport Agreement

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