Freight charging review Clause Samples

Freight charging review. 3.1 The Access Sum will be reviewed and adjusted by Nexus: 3.1.1 in accordance with paragraph 3.2; and/or 3.1.2 on 1 April 2024 and thereafter reviewed and adjusted on a five-yearly basis and the parties acknowledge and agree that such review and adjustment shall: (a) comply with relevant applicable law; (b) be consistent with the charging framework published by ▇▇▇ in respect of the Network Rail network, such that the Access Sum in respect of the Metro Shared Network shall not be greater than the Access Sum that would have been payable in respect of access to the Metro Shared Network if the Metro Shared Network was part of the Network Rail network for the Assumed Train Consist; and (c) be calculated upon on the Assumed Train Consist and the calculations in Appendix 1 shall be adjusted to reflect that Assumed Train Consist. 3.2 In the event that the Specified Equipment used pursuant to this agreement to access the Metro Shared Network is materially different from the Assumed Train Consist upon which the Access Sum is calculated, then either party may notify the other party in writing (and in any event, the parties shall review whether the Specified Equipment used is materially different from the Assumed Train Consist at the same time as performance improvement meetings are held once a quarter pursuant to paragraph 12 of Schedule 8). Within two (2) Charging Periods of any such notification, the parties (in each case acting reasonably) agree that the Assumed Train Consist shall be adjusted to better reflect the actual Specified Equipment used and the Access Sum revised accordingly in accordance with paragraph 3.3. For the purpose of this paragraph, the parties agree that they shall act reasonably and in good faith in determining whether the threshold of "materially different" has been met (having regard to, for example, the extent of difference from the Assumed Train Consist and/or the length of time that there has been a variance to the Assumed Train Consist). 3.3 Where paragraph 3.2 applies, the parties agree that the changes to the Assumed Train Consist, the changes to the calculations in Appendix 1, including the resulting changes to the Access Sum shall: 3.3.1 be calculated using Network Rail’s then current track usage price list and rates; and 3.3.2 be recorded in writing, and accordingly that: (a) the calculations in Appendix 1 shall be deemed to be adjusted to reflect that Assumed Train Consist; and (b) the terms "Assumed Train Consist" and "Access S...

Freight charging review. 3.1 ▇▇▇ may carry out one or more access charges reviews of all or part of this contract such that amendments to this contract to give effect to the conclusions of such an access charges review come into operation on and from 1 April 2029 or such later date as may be specified in that review. 1st SA 3.2 In this paragraph 3, references to ▇▇▇ carrying out an access charges review shall be construed as including references to its initiating implementation of that review.