Common use of Level of Incident Cap, Exposure Level and Incident Cap Access Charge Supplement Rate Clause in Contracts

Level of Incident Cap, Exposure Level and Incident Cap Access Charge Supplement Rate. For the purposes of paragraph 11.1, the Train Operator shall select one of the following Incident Caps and, in respect of the relevant Incident Cap, the Exposure Level as set out in either Column B or C: A B C Incident Cap Incident Cap Access Charge Supplement Rate (£ per Contract Mile operated in a Charging Period) expressed in pounds sterling and rounded to four decimal places – Zero Exposure above the Incident Cap Incident Cap Access Charge Supplement Rate (£ per Contract Mile operated in a Charging Period) expressed in pounds sterling and rounded to four decimal places – 30% Exposure above the Incident Cap 1,000 minutes 0.2045 0.1432 2,000 minutes 0.1057 0.0740 3,000 minutes 0.0623 0.0436 4,000 minutes 0.0403 0.0282 5,000 minutes 0.0280 0.0196 6,000 minutes 0.0217 0.0152 7,000 minutes 0.0172 0.0121 8,000 minutes 0.0135 0.0095 9,000 minutes 0.0101 0.0071 10,000 minutes 0.0067 0.0047 No Incident Cap None None Appendix 1 Performance Train Operator Performance Train Operator Payment Rate £54.04 per Minutes Delay to Third Party Trains which are Attributable to the Train Operator. Train Operator Cap [to be agreed] Disruption Sum £2,375 CVL IM Performance CVL IM Payment Rate £21.38 per Minutes Delay to Services which are Attributable to the CVL IM. CVL IM Cap [to be agreed] Prolonged Disruption Amount means an amount equal to the Late Notice Cancellation Sum. Benchmarks

Level of Incident Cap, Exposure Level and Incident Cap Access Charge Supplement Rate. For the purposes of paragraph 11.1, the Train Operator shall select one of the following Incident Caps and, in respect of the relevant Incident Cap, the Exposure Level as set out in either Column B or C: A B C Incident Cap Incident Cap Access Charge Supplement Rate (£ per Contract Mile operated in a Charging Period) expressed in pounds sterling and rounded to four decimal places – Zero Exposure above the Incident Cap Incident Cap Access Charge Supplement Rate (£ per Contract Mile operated in a Charging Period) expressed in pounds sterling and rounded to four decimal places – 30% Exposure above the Incident Cap 1,000 minutes 0.2045 0.1432 2,000 minutes 0.1057 0.0740 3,000 minutes 0.0623 0.0436 4,000 minutes 0.0403 0.0282 5,000 minutes 0.0280 0.0196 6,000 minutes 0.0217 0.0152 7,000 minutes 0.0172 0.0121 8,000 minutes 0.0135 0.0095 9,000 minutes 0.0101 0.0071 A B C Incident Cap Incident Cap Access Charge Supplement Rate (£ per Contract Mile operated in a Charging Period) expressed in pounds sterling and rounded to four decimal places – Zero Exposure above the Incident Cap Incident Cap Access Charge Supplement Rate (£ per Contract Mile operated in a Charging Period) expressed in pounds sterling and rounded to four decimal places – 30% Exposure above the Incident Cap 10,000 minutes 0.0067 0.0047 No Incident Cap None None Appendix 1 Performance Train Operator Performance Train Operator Payment Rate £54.04 per Minutes Delay to Third Party Trains which are Attributable to the Train Operator. Train Operator Cap [to be agreedREDACT] Disruption Sum £2,375 CVL IM Performance CVL IM Payment Rate £21.38 per Minutes Delay to Services which are Attributable to the CVL IM. CVL IM Cap [to be agreedREDACT] Prolonged Disruption Amount means an amount equal to the Late Notice Cancellation Sum. Benchmarks

Level of Incident Cap, Exposure Level and Incident Cap Access Charge Supplement Rate. For the purposes of paragraph 11.1, the Train Operator shall select one of the following Incident Caps and, in respect of the relevant Incident Cap, the Exposure Level as set out in either Column B or C: A B C Incident Cap Incident Cap Access Charge Supplement Rate (£ per Contract Mile operated in a Charging Period) expressed in pounds sterling and rounded to four decimal places – Zero Exposure above the Incident Cap Incident Cap Access Charge Supplement Rate (£ per Contract Mile operated in a Charging Period) expressed in pounds sterling and rounded to four decimal places – 30% Exposure above the Incident Cap 1,000 minutes 0.2045 0.1432 2,000 minutes 0.1057 0.0740 3,000 minutes 0.0623 0.0436 4,000 minutes 0.0403 0.0282 5,000 minutes 0.0280 0.0196 6,000 minutes 0.0217 0.0152 7,000 minutes 0.0172 0.0121 8,000 minutes 0.0135 0.0095 9,000 minutes 0.0101 0.0071 10,000 minutes 0.0067 0.0047 No Incident Cap None None Appendix 1 Performance Train Operator Performance Train Operator Payment Rate £54.04 per Minutes Delay to Third Party Trains which are Attributable to the Train Operator. Train Operator Cap £[to be agreed●] Disruption Sum £2,375 CVL IM Performance CVL IM Payment Rate £21.38 per Minutes Delay to Services which are Attributable to the CVL IM. CVL IM Cap £[to be agreed●] Prolonged Disruption Amount means an amount equal to the Late Notice Cancellation Sum. Benchmarks

Level of Incident Cap, Exposure Level and Incident Cap Access Charge Supplement Rate. For the purposes of paragraph 11.1, the Train Operator shall select one of the following Incident Caps and, in respect of the relevant Incident Cap, the Exposure Level as set out in either Column B or C: A B C Incident Cap Incident Cap Access Charge Supplement Rate (£ per Contract Mile operated in a Charging Period) expressed in pounds sterling and rounded to four decimal places – Zero Exposure above the Incident Cap Incident Cap Access Charge Supplement Rate (£ per Contract Mile operated in a Charging Period) expressed in pounds sterling and rounded to four decimal places – 30% Exposure above the Incident Cap 1,000 minutes 0.2045 0.1432 2,000 minutes 0.1057 0.0740 3,000 minutes 0.0623 0.0436 4,000 minutes 0.0403 0.0282 5,000 minutes 0.0280 0.0196 6,000 minutes 0.0217 0.0152 7,000 minutes 0.0172 0.0121 8,000 minutes 0.0135 0.0095 9,000 minutes 0.0101 0.0071 10,000 minutes 0.0067 0.0047 No Incident Cap None None Appendix 1 Performance Train Operator Performance Train Operator Payment Rate £54.04 per Minutes Delay to Third Party Trains which are Attributable to the Train Operator. Train Operator Cap [£[ to be agreedagreed ] Disruption Sum £2,375 CVL IM Performance CVL IM Payment Rate £21.38 per Minutes Delay to Services which are Attributable to the CVL IM. CVL IM Cap [£[ to be agreedagreed ] Prolonged Disruption Amount means an amount equal to the Late Notice Cancellation Sum. Benchmarks

Level of Incident Cap, Exposure Level and Incident Cap Access Charge Supplement Rate. For the purposes of paragraph 11.1, the Train Operator shall select one of the following Incident Caps and, in respect of the relevant Incident Cap, the Exposure Level as set out in either Column B or C: A B C Incident Cap Incident Cap Access Charge Supplement Rate (£ per Contract Mile operated in a Charging Period) expressed in pounds sterling and rounded to four decimal places – Zero Exposure above the Incident Cap Incident Cap Access Charge Supplement Rate (£ per Contract Mile operated in a Charging Period) expressed in pounds sterling and rounded to four decimal places – 30% Exposure above the Incident Cap 1,000 minutes 0.2045 0.1432 2,000 minutes 0.1057 0.0740 3,000 minutes 0.0623 0.0436 4,000 minutes 0.0403 0.0282 5,000 minutes 0.0280 0.0196 6,000 minutes 0.0217 0.0152 7,000 minutes 0.0172 0.0121 8,000 minutes 0.0135 0.0095 9,000 minutes 0.0101 0.0071 10,000 minutes 0.0067 0.0047 No Incident Cap None None Appendix 1 Performance Train Operator Performance Train Operator Payment Rate £54.04 per Minutes Delay to Third Party Trains which are Attributable to the Train Operator. Train Operator Cap [£[ to be agreedagreed ][●] Disruption Sum £2,375 CVL IM Performance CVL IM Payment Rate £21.38 per Minutes Delay to Services which are Attributable to the CVL IM. CVL IM Cap [£[ to be agreedagreed ][●] Prolonged Disruption Amount means an amount equal to the Late Notice Cancellation Sum. Benchmarks