Local Outputs - Performance Orders. If: (a) a breach of contract is a failure by Network Rail to achieve a Local Output; or (b) in the Train Operator’s opinion, Network Rail is likely to fail to achieve a Local Output applicable to the Train Operator, then: (i) the Train Operator shall be entitled to apply under Clause 13.3 for a Performance Order, where applicable on an anticipatory basis; and (ii) if a Performance Order is made, Network Rail shall comply with it.
Appears in 19 contracts
Samples: Track Access Contract, Track Access Contract, Track Access Contract
Local Outputs - Performance Orders. If:
(a) a breach of contract is a failure by Network Rail to achieve a Local Output; or
(b) in the Train Operator’s opinion, Network Rail is likely to fail to achieve a Local Output applicable to the Train Operator, then:
(i) the Train Operator shall be entitled to apply under Clause 13.3 for a Performance Order, where applicable on an anticipatory basis; and
(ii) if a Performance Order is made, Network Rail shall comply with it.
Appears in 7 contracts
Samples: Track Access Contract, Track Access Contract, Track Access Contract
Local Outputs - Performance Orders. If:
(a) a breach of contract is a failure by Network Rail to achieve a Local Output; oror
(b) in the Train Operator’s opinion, Network Rail is likely to fail to achieve a Local Output applicable to the Train Operator, Operator, then:
(i) the Train Operator shall be entitled to apply under Clause 13.3 for a Performance Order, where applicable on an anticipatory basis; andand
(ii) if a Performance Order is made, Network Rail shall comply with it.it.
Appears in 1 contract
Samples: Track Access Contract
Local Outputs - Performance Orders. If:
(a) a breach of contract is a failure by Network Rail to achieve a Local Output; or
(b) in the Train Operator’s opinion, Network Rail is likely to fail to achieve a Local Output applicable to the Train Operator, then:
(i) $ the Train Operator shall be entitled to apply under Clause 13.3 for a Performance Order, where applicable on an anticipatory basis; and
(ii) $ if a Performance Order is made, Network Rail shall comply with it.
Appears in 1 contract
Samples: Track Access Contract