Meaning. A modification notice is a notice given by XXX to the parties for the purposes of this contract, which modifies specified provisions of this contract (other than this Schedule 10) by making such modifications as are consequential upon, or necessary to give full effect to, any change to the CVL Network Code.
Meaning. References in this contract to permission to use the Routes shall, except where the context otherwise requires, be construed to mean permission:
(a) to use the track comprised in the Routes for the provision of the Services using the Specified Equipment;
(b) to use the track comprised in the Network in order to implement any plan established under Part H of the Network Code;
(c) to make Ancillary Movements;
(d) to Stable, which shall be treated, for the purposes of Part D of the Network Code, as the use of a Train Slot;
(e) for the Train Operator and its associates to enter upon that part of the Network comprising the Routes, with or without vehicles; and
(f) for the Train Operator and its associates to bring things onto that part of the Network comprising the Routes and keep them there, and such permission is subject, in each case and in all respects to:
(i) the Network Code;
(ii) the Applicable Engineering Access Statement; and
(iii) the Applicable Timetable Planning Rules.
Meaning. References in this contract to permission to use the CVL shall, except where the context otherwise requires, be construed to mean permission:
(a) to use the track comprised in the CVL for the provision of the Services using the Specified Equipment;
(b) to use the track comprised in the CVL in order to implement any plan established under Part H of the CVL Network Code;
(c) to make Ancillary Movements;
(d) to Stable, which shall be treated, for the purposes of Part D of the CVL Network Code, as the use of a Train Slot;
(e) for the Train Operator and its associates to enter upon the CVL with or without vehicles; and
(f) for the Train Operator and its associates to bring things on to the CVL and keep them there, and such permission is subject, in each case and in all respects to:
(i) the CVL Network Code; and
(ii) the Operating Constraints.
Meaning. Words and phrases used herein and defined in the BCBCA shall have the same meaning herein as in the BCBCA, unless the context otherwise requires.
Meaning. References in this contract to permission to use the Network shall, except where the context otherwise requires, be construed to mean permission:
(a) to use the track comprised in the Network for the provision of the Services using the Specified Equipment;
(b) to use the track comprised in the Network in order to implement any plan established under Part H of the Network Code;
(c) to make Ancillary Movements;
(d) to Stable, which shall be treated, for the purposes of Part D of the Network Code, as the use of a Train Slot;
(e) for the Train Operator and its associates to enter upon the Network with or without vehicles; and
(f) for the Train Operator and its associates to bring things on to the Network and keep them there, and such permission is subject, in each case and in all respects to:
(i) the Network Code; and
(ii) the Operating Constraints.
Meaning. References in this contract to permission to use the Routes shall, except where the context otherwise requires, be construed to mean permission:
(a) to use the track comprised in the Routes for the provision of the Services using the Specified Equipment;
(b) to use the track comprised in the Network in order to implement any plan established under Part H of the Network Code;
Meaning. The expression “Extraordinary Resolution” when used in this Agreement means, subject to the provisions of this Section 9.12 and of Section 9.15 and Section 9.16 hereof, a motion proposed at a meeting of Subscription Receiptholders duly convened for that purpose and held in accordance with the provisions of this Article 9 at which there are present in person or by proxy Subscription Receiptholders holding in the aggregate more than 25% of the total number of Subscription Receipts then outstanding and passed by the affirmative votes of Subscription Receiptholders who hold in the aggregate not less than 66 2/3% of the total number of Subscription Receipts represented at the meeting and voted on the motion.
Meaning. References in this contract to permission to use the Network to enable an Appointed Operator to operate the Services shall be construed to mean permission:
(a) to use the track comprised in the Network for the provision of the Services using the Specified Equipment;
(b) to use the track comprised in the Network in order to implement any plan established under Part H of the Network Code;
(c) to make Ancillary Movements;
(d) to Stable, which shall be treated, for the purposes of Part D of the Network Code, as the use of a Train Slot;
(e) for that Appointed Operator and its associates to enter upon the Network with or without vehicles; and
(f) for that Appointed Operator and its associates to bring things onto the Network and keep them there, and such permission is subject, in each case and in all respects to:
(i) the Network Code; and
(ii) the Operating Constraints.
Meaning. References in this Contract to permission to use the Routes shall, except where the context otherwise requires, be construed to mean permission:
(a) to use the track comprised in the Routes for the provision of the Services using the Specified Equipment;
(b) to use the track comprised in the CCOS in order to implement any plan established under Part H of the CCOS Network Code;
(c) to make Ancillary Movements;
(d) to Stable, which shall be treated, for the purposes of Part D of the CCOS Network Code, as the use of a Train Slot;
(e) for the Train Operator and its associates to enter upon that part of the CCOS comprising the Routes, with or without vehicles; and
(f) for the Train Operator and its associates to bring things onto that part of the CCOS comprising the Routes and keep them there, and such permission is subject, in each case and in all respects to:
(i) the CCOS Network Code;
(ii) the Applicable CCOS Engineering Access Statement;
(iii) the Applicable CCOS Timetable Planning Rules;
(iv) the Rule Book, including the Sectional Appendix; and
(v) the CCOS Standards.
Meaning. The term “Confidential Information” shall mean: (a) all information, whether furnished before or after the Effective Date, whether oral, written or recorded/electronic, and regardless of the manner in which it is furnished, that is marked “confidential” or “proprietary” or which under all of the circumstances should be treated as confidential or proprietary; (b) all reports, summaries, compilations, analyses, notes or other information of a Party hereto which are based on, contain or reflect any Confidential Information; and (c) any information which, if disclosed by a transmission function employee of a utility regulated by the FERC to a market function employee of the same utility system, other than by public posting, would violate the FERC’s Standards of Conduct set forth in 18 CFR § 37 et seq. and the Parties’ Standards of Conduct on file with the FERC.
