Common use of Joint Responsibility Incidents Clause in Contracts

Joint Responsibility Incidents. (a) Network Rail and Nexus shall be allocated joint responsibility for: (i) any incident which is not a Planned Incident caused by an act, omission or circumstance originating in connection with or at a station which: (1) is an act, omission or circumstance which affects the Network, or its operation, and prevents a Train entering or passing through a station at the time it is scheduled to do so; and (2) prevents the access of passengers through the station to or from the Train; and paragraphs 5.2 and 5.3 shall not apply to any such incident; or (ii) any identified incident in respect of which Network Rail and Nexus are equally responsible and for which neither Network Rail nor Nexus is allocated responsibility under paragraphs 5.2 or 5.3. (b) Unless and to the extent otherwise agreed, Minutes Delay or Cancelled Stops caused by incidents for which Network Rail and Nexus are allocated joint responsibility pursuant to sub-paragraph 5.4(a) shall be allocated 50% to Network Rail and 50% to Nexus.