Common use of Late Notice Actual Costs Claim arising from Relevant Cancellation Clause in Contracts

Late Notice Actual Costs Claim arising from Relevant Cancellation. If the circumstances in paragraph 5.6.1 apply in respect of a Cancellation (a "Relevant Cancellation"), and: (a) either: (i) the Relevant Cancellation occurs because the access from the Origin or to the Destination of the Original Service is blocked to all rail freight services (except as a result of the non-availability of the applicable gauge cleared route); or (ii) the Relevant Cancellation occurs because of the lack of an applicable gauge cleared route between the Origin and the Destination which has lasted or lasts in total for more than 60 hours; or (iii) as a result of the Relevant Cancellation, all or part of the goods planned to be carried by the Original Service are required to be transported by any mode other than rail, for all or any part of the journey from its Origin to its Destination; and (b) the Train Operator incurs Late Notice Actual Costs as a consequence of the Relevant Cancellation, then the Train Operator will be entitled to serve a Late Notice Actual Costs Claim Notice in accordance with paragraph 9.3 below.

Late Notice Actual Costs Claim arising from Relevant Cancellation. If If, pursuant to paragraph 5.6.1, the circumstances in paragraph 5.6.1 apply CVL IM is liable for a Late Notice Cancellation Sum in respect of a Cancellation (a "Relevant Cancellation"), and: (a) : either: (i) : the Relevant Cancellation occurs because the access from the Origin or to the Destination of the Original Service is blocked to all rail freight services (except as a result of the non-availability of the applicable gauge cleared route); or (ii) or the Relevant Cancellation occurs because of the lack of an applicable gauge cleared route between the Origin and the Destination which has lasted or lasts in total for more than 60 hours; or (iii) or as a result of the Relevant Cancellation, all or part of the goods planned to be carried by the Original Service are required to be transported by any mode other than rail, for all or any part of the journey from its Origin to its Destination; and (b) and the Train Operator incurs Late Notice Actual Costs as a consequence of the Relevant Cancellation, then the Train Operator will be entitled to serve a Late Notice Actual Costs Claim Notice in accordance with paragraph 9.3 below.