Common use of if a Relevant Delay occurs, the Secretary of State may in the Secretary Clause in Contracts

if a Relevant Delay occurs, the Secretary of State may in the Secretary. of State's sole discretion direct the Franchisee to make the Cascaded Rolling Stock available for use by the Prior Train Operator during such period as the Secretary of State may require, and the Franchisee shall comply with such direction. Any such direction may include the Secretary of State requiring the Franchisee to sublease the Cascaded Rolling Stock back to the Prior Train Operator and/or to delay the date on which the Cascaded Rolling Stock is required to be delivered to the Franchisee under such Rolling Stock Lease". A new paragraph 4A shall be inserted as follows: "4A Where the Department requires the Franchisee to sub-let some of its Train Fleet to another Train Operator under the terms of paragraph 3.5 of Schedule 1.6 (The Rolling Stock), then the Franchisee shall: REFERENCE (CLAUSE/PARAGRAPH/SCHEDULE) AMENDMENT (a) provide the sub-lessee with access to any applicable maintenance and mileage records; (b) give the sub-lessee reasonable access to the relevant rolling stock vehicles prior to the handover of such rolling stock vehicles to assist with the relevant handover in relation to both operation and maintenance; (c) use reasonable endeavours to offer the sub-lessee "knowledge transfer" sessions (including technical and operation support) to enable recipient engineers and operational personnel to learn from informed peers; (d) provide the sub-lessee all relevant information in relation to property arrangements at any Depot relevant to the sub-leased rolling stock vehicles (a "Relevant Depot"), including any stabling arrangements; and (e) procure such access to each Relevant Depot as the sub-lessee may reasonably require.

Appears in 2 contracts

Samples: assets.publishing.service.gov.uk, assets.publishing.service.gov.uk

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if a Relevant Delay occurs, the Secretary of State may in the Secretary. of State's sole discretion direct the Franchisee to make the Cascaded Rolling Stock available for use by the Prior Train Operator during such period as the Secretary of State may require, and the Franchisee shall comply with such direction. Any such direction may include the Secretary of State requiring the Franchisee to sublease the Cascaded Rolling Stock back to the Prior Train Operator and/or to delay the date on which the Cascaded Rolling Stock is required to be delivered to the Franchisee under such Rolling Stock Lease". A new paragraph 4A 3A shall be inserted as follows: REFERENCE (CLAUSE/PARAGRAPH/SCHEDULE) AMENDMENT "4A 3A Where the Department requires the Franchisee to sub-let some of its Train Fleet to another Train Operator under the terms of paragraph 3.5 2.5 of Schedule 1.6 1.7 (The Rolling StockTrain Fleet), then the Franchisee shall: REFERENCE (CLAUSE/PARAGRAPH/SCHEDULE) AMENDMENT (a) provide the sub-lessee with access to any applicable maintenance and mileage records; (b) give the sub-lessee reasonable access to the relevant rolling stock vehicles prior to the handover of such rolling stock vehicles to assist with the relevant handover in relation to both operation and maintenance; (c) use reasonable endeavours to offer the sub-lessee "knowledge transfer" sessions (including technical and operation support) to enable recipient engineers and operational personnel to learn from informed peers; (d) provide the sub-lessee all relevant information in relation to property arrangements at any Depot relevant to the sub-leased rolling stock vehicles (a "Relevant Depot"), including any stabling arrangements; and (e) procure such access to each Relevant Depot as the sub-lessee may reasonably require.

Appears in 1 contract

Samples: Franchise Agreement

if a Relevant Delay occurs, the Secretary of State may in the Secretary. of State's sole discretion direct the Franchisee to make the Cascaded Rolling Stock available for use by the Prior Train Operator during such period as the Secretary of State may require, and the Franchisee shall comply with such direction. Any such direction may include the Secretary of State requiring the Franchisee to sublease the Cascaded Rolling Stock back to the Prior Train Operator and/or to delay the date on which the Cascaded Rolling Stock is required to be delivered to the Franchisee under such Rolling Stock Lease". Paragraph 3.5(b)(ii) shall be amended as follows: (ii) the implications (if any) for the Enforcement Benchmarks; A new paragraph 4A shall be inserted as follows: "4A Where the Department Secretary of State requires the Franchisee to sub-let some of its Train Fleet to another Train Operator under the terms of paragraph 3.5 of Schedule 1.6 (The Rolling Stock), then the Franchisee shall: REFERENCE (CLAUSE/PARAGRAPH/SCHEDULE) AMENDMENT (a) provide the sub-lessee with access to any applicable maintenance and mileage records; (b) give the sub-lessee reasonable access to the relevant rolling stock vehicles prior to the handover of such rolling stock vehicles to assist with the relevant handover in relation to both operation and maintenance; (c) use reasonable endeavours to offer the sub-lessee "knowledge transfer" sessions (including technical and operation support) to enable recipient engineers and operational personnel to learn from informed peers; (d) provide the sub-lessee all relevant information in relation to property arrangements at any Depot relevant to the sub-leased rolling stock vehicles (a "Relevant Depot"), including any stabling arrangements; and (e) procure such access to each Relevant Depot as the sub-lessee may reasonably require.

Appears in 1 contract

Samples: assets.publishing.service.gov.uk

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if a Relevant Delay occurs, the Secretary of State may in the Secretary. of State's sole discretion direct the Franchisee to make the Cascaded Rolling Stock available for use by the Prior Train Operator during such period as the Secretary of State may require, and the Franchisee shall comply with such direction. Any such direction may include the Secretary of State requiring the Franchisee to sublease the Cascaded Rolling Stock back to the Prior Train Operator and/or to delay the date on which the Cascaded Rolling Stock is required to be delivered to the Franchisee under such Rolling Stock Lease". A new paragraph 4A shall be inserted as follows: "4A Where the Department requires the Franchisee to sub-let some of its Train Fleet to another Train Operator under the terms of paragraph 3.5 of Schedule 1.6 (The Rolling Stock), then the Franchisee shall: REFERENCE (CLAUSE/PARAGRAPH/SCHEDULE) AMENDMENT (a) provide the sub-lessee with access to any applicable maintenance and mileage records; (b) give the sub-lessee reasonable access to the relevant rolling stock vehicles prior to the handover of such rolling stock vehicles to assist with the relevant handover in relation to both operation and maintenance; REFERENCE (CLAUSE/PARAGRAPH/SCHEDULE) AMENDMENT (c) use reasonable endeavours to offer the sub-lessee "knowledge transfer" sessions (including technical and operation support) to enable recipient engineers and operational personnel to learn from informed peers; (d) provide the sub-lessee all relevant information in relation to property arrangements at any Depot relevant to the sub-leased rolling stock vehicles (a "Relevant Depot"), including any stabling arrangements; and (e) procure such access to each Relevant Depot as the sub-lessee may reasonably require.

Appears in 1 contract

Samples: assets.publishing.service.gov.uk

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