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

Late Notice Actual Costs Claim arising from Relevant Service Variation. If, pursuant to paragraph 7, Network Rail is liable for a Service Variation Sum in respect of a Service Variation (other than a Service Variation which arises from a variation to a Combined Network Service which the Train Operator has accepted under paragraph 4) (a "Relevant Service Variation"), and: (a) either: (i) the Combined Network Diverted Service does not have an applicable gauge cleared route between the Origin and the Destination where: (A) the lack of such applicable gauge cleared route has lasted or lasts in total for more than 60 hours; and (B) the Combined Network Diverted Service operates in whole, or in part, at the relevant location within this 60 hour period; or (ii) at least one additional locomotive is used for the Combined Network Diverted Service over the number used for the Combined Network Original Service; or (iii) a diesel locomotive is required to be used for the Combined Network Diverted Service in circumstances where Network Rail has agreed to provide Electricity for Traction for the Combined Network Original Service as shown in Schedule 5; or (iv) the parties agree that there is a requirement for a specified number of the Train Operator’s train crew to acquire knowledge of any diversionary route which may form part of the Combined Network Diverted Service and such requirement has come about as a direct result of the exceptional nature of the variation to the Combined Network Original Service; and (b) the Train Operator incurs Late Notice Actual Costs as a consequence of the Relevant Service Variation, 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 Service Variation. If, pursuant to paragraph 7, Network Rail is liable for a Service Variation Sum in respect of a Service Variation (other than a Service Variation which arises from a variation to a Combined Network Service which the Train Operator has accepted under paragraph 4) (a "Relevant Service Variation"), and: (a) either: (i) the Combined Network Diverted Service does not have an applicable gauge cleared route between the Origin and the Destination where:where:‌ (A) the lack of such applicable gauge cleared route has lasted or lasts in total for more than 60 hours; andand‌ (B) the Combined Network Diverted Service operates in whole, or in part, at the relevant location within this 60 hour period; oror‌ (ii) at least one additional locomotive is used for the Combined Network Diverted Service over the number used for the Combined Network Original Service; oror‌ (iii) a diesel locomotive is required to be used for the Combined Network Diverted Service in circumstances where Network Rail has agreed to provide Electricity for Traction for the Combined Network Original Service as shown in Schedule 5; or (iv) the parties agree that there is a requirement for a specified number of the Train Operator’s train crew to acquire knowledge of any diversionary route which may form part of the Combined Network Diverted Service and such requirement has come about as a direct result of the exceptional nature of the variation to the Combined Network Original Service; andand‌‌ (b) the Train Operator incurs Late Notice Actual Costs as a consequence of the Relevant Service Variation, then the Train Operator will be entitled to serve a Late Notice Actual Costs Claim Notice in accordance with paragraph 9.3 below.