Necessary Consents. 4.1 Unless otherwise agreed under clause 4.2 (and in the case of Network Rail Consents, in accordance with the process outlined in Schedule 8) the Customer: (a) subject to clause4.1(b) is responsible for applying for and using reasonable endeavours to obtain all Necessary Consents in a format agreed between the Parties and in line with the requirements of the Implementation Programme; and (b) shall apply for all Necessary Consents except where it has been agreed by Network Rail that Network Rail shall make applications for and use reasonable endeavours to obtain those Necessary Consents specified in paragraph 1.3 of Schedule 7 as revised in accordance with clause 4. 4.2 Where it is identified in Schedule 713 that Necessary Consents are required, the Parties shall discuss and agree who will make the appropriate application(s) and whether these should be obtained before the Works Commencement Date. Where the Parties do not agree who will make the appropriate application(s) for other Necessary Consents, then it will be the Customer's responsibility to do so. 4.3 Network Rail does not warrant that the list of Necessary Consents set out in Schedule 7 are definitive or exhaustive and the Customer must make its own enquiries in respect of the same. 4.4 Network Rail's obligations in relation to obtaining any Necessary Consents for which it is responsible are conditional upon Network Rail receiving in full the documentation and assistance related to the relevant Necessary Consents which it may reasonably require and has requested from the Customer. 4.5 The Customer shall prepare in accordance with the Implementation Programme (and in accordance with any requirements which Network Rail may have and at the appropriate times within the design and construction processes) all the documentation required to enable Network Rail to make submissions for any Necessary Consents and when necessary modify the design 13 The content of Schedule 7 should be amended by agreement to reflect the requirements of a specific Project. or construction processes to ensure that such consent is obtained and provide Network Rail with a copy of all such relevant documents so prepared. 4.6 Subject to clause 4.2, where Network Rail has agreed to apply for a Regulated Change consent, in accordance with the Implementation Programme the Customer shall provide Network Rail with the following information: a draft form of application or proposal as relevant for any Regulated Change which may be required in respect of the Works (which for the avoidance of doubt shall make reference to all relevant consequential documentation required in respect of the Works, including any lease(s) of the sites of the Works) which may be required in respect of the Works for approval by Network Rail. 4.7 Network Rail shall not object to the Regulated Change in the formal procedure for approval of the same which Network Rail has approved under clause 4.6. 4.8 Network Rail shall have no liability to the Customer under this Agreement, provided that Network Rail shall be obliged to make any reasonable appeal against any decision in respect of Regulated Change if reasonably requested to do so by the Customer, as a result of: (a) any Necessary Consent not being granted; or (b) any delay in granting any Necessary Consent; or (c) the terms upon which any Necessary Consent is granted; except to the extent that it is as a result of negligence or a breach of this Agreement by Network Rail and in which case Network Rail will be liable for the Direct Costs incurred by the Customer. 4.9 The Customer in applying for any relevant Regulated Change shall administer any application for Network Change in accordance with the procedure set out in the Network Code; and (a) where the Regulated Change applies to a station, any proposal for Station Change in accordance with the procedures set out in the Station Access Conditions, or (b) where the Regulated Change applies to a Depot, any proposal for Depot Change in accordance with the procedures set out in the Depot Access Conditions. 4.10 In the case of agreement of the Regulated Change before the Commencement Date the Regulated Change and the estimated Regulated Change costs shall be as listed in paragraph 1.2 of Schedule 7. Where a Regulated Change, that Network Rail is undertaking, has not been agreed before the Commencement Date, then the Parties shall agree and set out the Regulated Change estimate within 20 Working Days (or such other period as may be agreed in writing) of agreement of the Regulated Change up to the limit set out in paragraph 5(a) of Schedule 2. If they are not included at the Commencement Date, as soon as the estimate has been agreed, the Parties shall set it out in paragraph 1.3(c) of Schedule 7. 4.11 In conducting any discussions or negotiations with Operators in relation to Regulated Change Network Rail, subject to any reasonable confidentiality requirements, will: (a) allow the Customer and its representatives to attend relevant meetings with any train operator; (b) provide the Customer with copies of all relevant correspondence; and (c) have due regard to the Customer's comments (if any) in relation to Regulated Change.14 4.12 Network Rail shall act in accordance with its Network Licence and its obligations as Infrastructure Manager and under the Network Code and Station Access Conditions and Depot Access Conditions (as appropriate) in considering in a timely manner the Customer's applications for the Network Rail Consents. Network Rail shall use its reasonable endeavours to: (a) obtain or issue (as appropriate) the Network Rail Consents as soon as reasonably practicable; and (b) liaise with all relevant third parties, so that as far as practicable, Network Rail Consents are granted on reasonable terms. 4.13 Notwithstanding any approval, acceptance, consent, comment, confirmation, acknowledgment or endorsement which Network Rail may be required to provide pursuant to this Agreement, the responsibility for the design and construction of the Works shall remain solely at the risk and cost of the Customer and Network Rail shall have no liability whatsoever, whether in contract, tort or otherwise for such design and construction or for any errors or omissions contained in the documents relating thereto. 4.14 Subject to the relevant lessee acting in good faith, Network Rail agrees to use its reasonable endeavours to negotiate, agree and (subject to the relevant parties reaching agreement on the terms and conditions) grant any leases or licences of the sites of the relevant part of the Works. 4.15 Subject to clauses 6.1 to 6.4, this Agreement does not constitute a consent under any property document between the Customer and Network Rail nor grant (or compel Network Rail to grant) any interest in any Network Rail property.
Appears in 4 contracts
Samples: Asset Protection Agreement, Asset Protection Agreement, Asset Protection Agreement
Necessary Consents. 4.1 Unless otherwise agreed under clause 4.2 (and in the case of Network Rail Consents, in accordance with the process outlined in Schedule 8) the Customer:
(a) subject to clause4.1(b) is responsible for applying for and using reasonable endeavours to obtain all Necessary Consents in a format agreed between the Parties and in line with the requirements of the Implementation Programme; and
(b) shall apply for all Necessary Consents except where it has been agreed by Network Rail that Network Rail shall make applications for for, and use reasonable endeavours to obtain obtain, those Necessary Consents specified in paragraph 1.3 5.2 of Schedule 7 3 as revised in accordance with clause 4.6;
4.2 Where it is identified in Schedule 713 that Necessary Consents are required, the Parties shall discuss and agree who will make the appropriate application(s) and whether these should be obtained before the Works Commencement Date. Where the Parties do not agree who will make the appropriate application(s) for other Necessary Consents, then it will be the Customer's responsibility to do so.
4.3 Network Rail does not warrant that the list of Necessary Consents set out in Schedule 7 are definitive or exhaustive and the Customer must make its own enquiries in respect of the same.
4.4 Network Rail's obligations in relation to obtaining any Necessary Consents for which it is responsible are conditional upon Network Rail receiving in full the documentation and assistance related to the relevant Necessary Consents which it may reasonably require and has requested from the Customer.
4.5 The Customer shall prepare in accordance with the Implementation Programme (and in accordance with any requirements which Network Rail may have and at the appropriate times within the design and construction processes) all the documentation required to enable Network Rail to make submissions for any Necessary Consents and when necessary modify the design 13 The content of Schedule 7 should be amended by agreement to reflect the requirements of a specific Project. or construction processes to ensure that such consent is obtained and provide Network Rail with a copy of all such relevant documents so prepared.
4.6 Subject to clause 4.2, where Network Rail has agreed to apply for a Regulated Change consent, in accordance with the Implementation Programme the Customer shall provide Network Rail with the following information: a draft form of application or proposal as relevant for any Regulated Change which may be required in respect of the Works (which for the avoidance of doubt shall make reference to all relevant consequential documentation required in respect of the Works, including any lease(s) of the sites of the Works) which may be required in respect of the Works for approval by Network Rail.
4.7 Network Rail shall not object to the Regulated Change in the formal procedure for approval of the same which Network Rail has approved under clause 4.6.
4.8 Network Rail shall have no liability to the Customer under this Agreement, provided that Network Rail Agreement and shall be obliged have the right to make any extend the Completion Date and the Liquidated Damages Payment Date by such period as is reasonable appeal against any decision in respect of Regulated Change if reasonably requested to do so by the Customer, circumstances as a result of:
(a) any Necessary Consent not being granted; or
(b) any delay in granting any Necessary Consent; or
(c) the terms upon which any Necessary Consent is granted; except to the extent that it is as a result of negligence or a breach of this Agreement by Network Rail and in which case Network Rail will be liable for the Direct Costs incurred by the Customer.
4.9 The Customer in applying for any relevant Regulated Change shall administer any application for Network Change in accordance with the procedure set out in the Network Code; and
(a) where the Regulated Change applies to a station, any proposal for Station Change in accordance with the procedures set out in the Station Access Conditions, or
(b) where the Regulated Change applies to a Depot, any proposal for Depot Change in accordance with the procedures set out in the Depot Access Conditions.
4.10 4.3 In the case of agreement of the Regulated Change before the Commencement Date the Regulated Change and the estimated Regulated Change costs shall be as listed in paragraph 1.2 5.1 of Schedule 73. Where a Regulated Change, that Network Rail is undertaking, has not been agreed before the Commencement Date, then following agreement of that Regulated Change and prior to the Works Commencement Date the Parties shall meet and agree and set out the Regulated Change an estimate within 20 Working Days (or such other period as may be agreed in writing) of agreement of the Regulated Change costs up to the limit set out Completion Date for the Regulated Change. The estimated Regulated Change costs shall be listed in paragraph 5(a) 5.4 of Schedule 23. If they are not included at the Commencement Date, as soon as the estimate has been agreed, the Parties shall set it out in paragraph 1.3(c) 5.4 of Schedule 73.
4.11 4.4 In conducting any discussions or negotiations with Operators an Operator in relation to Regulated Change Network Rail, subject to any reasonable confidentiality requirements, will:
(a) allow the Customer and its representatives to attend relevant meetings with any train operatorOperator;
(b) provide the Customer with copies of all relevant correspondence; and
(c) have due regard to the Customer's comments (if any) in relation to Regulated Change.14Change17
4.12 4.5 The Customer has agreed to be responsible for applying for, and using reasonable endeavours to obtain, the Necessary Consents listed in paragraph 5.3 of Schedule 3 in a format agreed between the Parties and in line with the requirements of the Implementation Programme.
4.6 Network Rail's obligations in relation to obtaining the Necessary Consents are conditional upon Network Rail shall act receiving in accordance with its Network Licence full the documentation and its obligations as Infrastructure Manager and under the Network Code and Station Access Conditions and Depot Access Conditions (as appropriate) in considering in a timely manner the Customer's applications for the Network Rail Consents. Network Rail shall use its reasonable endeavours to:
(a) obtain or issue (as appropriate) the Network Rail Consents as soon as reasonably practicable; and
(b) liaise with all relevant third parties, so that as far as practicable, Network Rail Consents are granted on reasonable terms.
4.13 Notwithstanding any approval, acceptance, consent, comment, confirmation, acknowledgment or endorsement which Network Rail may be required to provide pursuant to this Agreement, the responsibility for the design and construction of the Works shall remain solely at the risk and cost of the Customer and Network Rail shall have no liability whatsoever, whether in contract, tort or otherwise for such design and construction or for any errors or omissions contained in the documents relating thereto.
4.14 Subject assistance related to the relevant lessee acting in good faith, Network Rail agrees to use its reasonable endeavours to negotiate, agree Necessary Consent which it may reasonably require and (subject to has requested from the relevant parties reaching agreement on the terms and conditions) grant any leases or licences of the sites of the relevant part of the WorksCustomer.
4.15 Subject to clauses 6.1 to 6.4, this Agreement does not constitute a consent under any property document between the Customer and Network Rail nor grant (or compel Network Rail to grant) any interest in any Network Rail property.
Appears in 2 contracts
Necessary Consents. 4.1 Unless otherwise agreed under clause 4.2 (and in the case of Network Rail Consents, in accordance with the process outlined in Schedule 8) the Customer:
(a) subject to clause4.1(b) is responsible for applying for and using reasonable endeavours to obtain all Necessary Consents in a format agreed between the Parties and in line with the requirements of the Implementation Programme; and
(b) shall apply for all Necessary Consents except where it has been agreed by Network Rail that Network Rail shall make applications for for, and use reasonable endeavours to obtain obtain, those Necessary Consents specified in paragraph 1.3 4.2 of Schedule 7 3 as revised in accordance with clause 46.
4.2 Where it is identified Subject to clause 4.4, the Customer shall pay all costs reasonably incurred in Schedule 713 that applying for the Necessary Consents and any costs or compensation payable as a consequence of the grant of the Necessary Consents (except to the extent that they are required, due to the Parties shall discuss and agree who will make the appropriate application(s) and whether these should be obtained before the Works Commencement Date. Where the Parties do not agree who will make the appropriate application(s) for other Necessary Consents, then it will be the Customer's responsibility to do sonegligence or breach of Network Rail).
4.3 Network Rail does not warrant that the list of Necessary Consents set out in Schedule 7 are definitive or exhaustive and the Customer must make its own enquiries in respect of the same.
4.4 Network Rail's obligations in relation to obtaining any Necessary Consents for which it is responsible are conditional upon Network Rail receiving in full the documentation and assistance related to the relevant Necessary Consents which it may reasonably require and has requested from the Customer.
4.5 The Customer shall prepare in accordance with the Implementation Programme (and in accordance with any requirements which Network Rail may have and at the appropriate times within the design and construction processes) all the documentation required to enable Network Rail to make submissions for any Necessary Consents and when necessary modify the design 13 The content of Schedule 7 should be amended by agreement to reflect the requirements of a specific Project. or construction processes to ensure that such consent is obtained and provide Network Rail with a copy of all such relevant documents so prepared.
4.6 Subject to clause 4.2, where Network Rail has agreed to apply for a Regulated Change consent, in accordance with the Implementation Programme the Customer shall provide Network Rail with the following information: a draft form of application or proposal as relevant for any Regulated Change which may be required in respect of the Works (which for the avoidance of doubt shall make reference to all relevant consequential documentation required in respect of the Works, including any lease(s) of the sites of the Works) which may be required in respect of the Works for approval by Network Rail.
4.7 Network Rail shall not object to the Regulated Change in the formal procedure for approval of the same which Network Rail has approved under clause 4.6.
4.8 Network Rail shall have no liability to the Customer under this Agreement, provided that Network Rail Agreement and shall be obliged have the right to make any extend the Completion Date and the Liquidated Damages Payment Date by such period as is reasonable appeal against any decision in respect of Regulated Change if reasonably requested to do so by the Customer, circumstances as a result of:
(a) any Necessary Consent not being granted; or
(b) any delay in granting any Necessary Consent; or
(c) the terms upon which any Necessary Consent is granted; except to the extent that it is as a result of negligence or a breach of this Agreement by Network Rail and in which case Network Rail will be liable for the Direct Costs incurred by the Customer.
4.9 The Customer in applying for any relevant Regulated Change shall administer any application for Network Change in accordance with the procedure set out in the Network Code; and
(a) where the Regulated Change applies to a station, any proposal for Station Change in accordance with the procedures set out in the Station Access Conditions, or
(b) where the Regulated Change applies to a Depot, any proposal for Depot Change in accordance with the procedures set out in the Depot Access Conditions.
4.10 4.4 In the case of agreement of the Regulated Change before the Commencement Date the Regulated Change and the estimated Regulated Change costs shall be as listed in paragraph 1.2 4.1 of Schedule 73. Where a Regulated Change, Change that Network Rail is undertaking, has not been agreed before the Commencement Date, then following agreement of that Regulated Change and prior to the Works the Parties shall meet and agree and set out the Regulated Change an estimate within 20 Working Days (or such other period as may be agreed in writing) of agreement of costs for the Regulated Change up to the limit set out in paragraph 5(a) of Schedule 2. If they are not included at the Commencement Completion Date, as soon as the estimate has been agreed, the Parties shall set it out in paragraph 1.3(c) of Schedule 7.
4.11 4.5 In conducting any discussions or negotiations with Operators an Operator in relation to Regulated Change Change, Network Rail, subject to any reasonable confidentiality requirements, will:
(a) allow the Customer and its representatives to attend relevant meetings with any train operatormeetings;
(b) provide the Customer with copies of all relevant correspondence; and
(c) have due regard to the Customer's comments (if any) in relation to Regulated Change.14Change.5
4.12 4.6 The Customer has agreed to be responsible for applying for, and using reasonable endeavours to obtain, the Necessary Consents listed in paragraph 4.3 of Schedule 3 in a format agreed between the Parties and in line with the requirements of the Implementation Programme.
4.7 Network Rail's obligations in relation to obtaining any Necessary Consents are conditional upon Network Rail shall act receiving in accordance with its Network Licence full the documentation and its obligations as Infrastructure Manager and under the Network Code and Station Access Conditions and Depot Access Conditions (as appropriate) in considering in a timely manner the Customer's applications for the Network Rail Consents. Network Rail shall use its reasonable endeavours to:
(a) obtain or issue (as appropriate) the Network Rail Consents as soon as reasonably practicable; and
(b) liaise with all relevant third parties, so that as far as practicable, Network Rail Consents are granted on reasonable terms.
4.13 Notwithstanding any approval, acceptance, consent, comment, confirmation, acknowledgment or endorsement which Network Rail may be required to provide pursuant to this Agreement, the responsibility for the design and construction of the Works shall remain solely at the risk and cost of the Customer and Network Rail shall have no liability whatsoever, whether in contract, tort or otherwise for such design and construction or for any errors or omissions contained in the documents relating thereto.
4.14 Subject assistance related to the relevant lessee acting in good faith, Network Rail agrees to use its reasonable endeavours to negotiate, agree Necessary Consent which it may reasonably require and (subject to has requested from the relevant parties reaching agreement on the terms and conditions) grant any leases or licences of the sites of the relevant part of the WorksCustomer.
4.15 Subject to clauses 6.1 to 6.4, this Agreement does not constitute a consent under any property document between the Customer and Network Rail nor grant (or compel Network Rail to grant) any interest in any Network Rail property.
Appears in 2 contracts
Samples: Basic Implementation Agreement, Basic Implementation Agreement
Necessary Consents. 4.1 Unless otherwise agreed under clause 4.2 (and in the case of Where it is necessary for Network Rail to apply for Necessary Consents, in accordance with the process outlined in Schedule 8) the Customer:
(a) subject to clause4.1(b) is responsible for applying for and using reasonable endeavours to obtain all Necessary Consents in a format agreed between the Parties and in line with the requirements of the Implementation Programme; and
(b) shall apply for all Necessary Consents except where it has been agreed by Network Rail that Network Rail shall make applications for and use reasonable endeavours to obtain those such Necessary Consents specified but does not guarantee that the Necessary Consents will be granted or that the terms of Necessary Consents granted will be acceptable to the Customer. Network Rail (where reasonably requested) will provide relevant correspondence in paragraph 1.3 respect of Schedule 7 as revised Necessary Consents to the Customer and will take into account the Customer's views in accordance with clause 4this regard.
4.2 Where it is identified The Customer shall pay all costs reasonably incurred in Schedule 713 that applying for the Necessary Consents and any costs or compensation payable as a consequence of the grant of the Necessary Consents (except to the extent that they are required, due to the Parties shall discuss and agree who will make the appropriate application(s) and whether these should be obtained before the Works Commencement Date. Where the Parties do not agree who will make the appropriate application(s) for other Necessary Consents, then it will be the Customer's responsibility to do sonegligence or breach of Network Rail).
4.3 Network Rail does not warrant that the list of Necessary Consents set out in Schedule 7 are definitive or exhaustive and the Customer must make its own enquiries in respect of the same.
4.4 Network Rail's obligations in relation to obtaining any Necessary Consents for which it is responsible are conditional upon Network Rail receiving in full the documentation and assistance related to the relevant Necessary Consents Consent which it may reasonably require and has requested from the Customer.
4.5 The Customer shall prepare in accordance with the Implementation Programme (and in accordance with any requirements which Network Rail may have and at the appropriate times within the design and construction processes) all the documentation required to enable Network Rail to make submissions for any Necessary Consents and when necessary modify the design 13 The content of Schedule 7 should be amended by agreement to reflect the requirements of a specific Project. or construction processes to ensure that such consent is obtained and provide Network Rail with a copy of all such relevant documents so prepared.
4.6 Subject to clause 4.2, where Network Rail has agreed to apply for a Regulated Change consent, in accordance with the Implementation Programme the Customer shall provide Network Rail with the following information: a draft form of application or proposal as relevant for any Regulated Change which may be required in respect of the Works (which for the avoidance of doubt shall make reference to all relevant consequential documentation required in respect of the Works, including any lease(s) of the sites of the Works) which may be required in respect of the Works for approval by Network Rail.
4.7 Network Rail shall not object to the Regulated Change in the formal procedure for approval of the same which Network Rail has approved under clause 4.6.
4.8 4.4 Network Rail shall have no liability to the Customer under this Agreement, provided that Network Rail Agreement and shall be obliged have the right to make any extend the Construction Completion Date and the Liquidated Damages Payment Date by such period as is reasonable appeal against any decision in respect of Regulated Change if reasonably requested to do so by the Customer, circumstances as a result of:
(a) of any Necessary Consent not being granted; or
(b) granted or any delay in granting any Necessary Consent; or
(c) Consent or the terms upon which any Necessary Consent is granted; granted except to the extent that it is as a result of a negligence or a breach of this Agreement by Network Rail and in which case Network Rail will be liable for the Direct Costs incurred by the Customer.
4.9 The Customer in applying for any relevant Regulated Change shall administer any application for Network Change direct costs in accordance with the procedure set out in the Network Code; and
(a) where the Regulated Change applies to a station, any proposal for Station Change in accordance with the procedures set out in the Station Access Conditions, or
(b) where the Regulated Change applies to a Depot, any proposal for Depot Change in accordance with the procedures set out in the Depot Access Conditionsclause 13.5.
4.10 In the case of agreement of the Regulated Change before the Commencement Date the Regulated Change and the estimated Regulated Change costs shall be as listed in paragraph 1.2 of Schedule 7. Where a Regulated Change, that Network Rail is undertaking, has not been agreed before the Commencement Date, then the Parties shall agree and set out the Regulated Change estimate within 20 Working Days (or such other period as may be agreed in writing) of agreement of the Regulated Change up to the limit set out in paragraph 5(a) of Schedule 2. If they are not included at the Commencement Date, as soon as the estimate has been agreed, the Parties shall set it out in paragraph 1.3(c) of Schedule 7.
4.11 4.5 In conducting any discussions or negotiations with Operators train operators in relation to a Regulated Change Change, Network Rail, subject to any reasonable confidentiality requirements, will:
(a) will allow the Customer and its representatives to attend relevant meetings with any train operator;
(b) meetings, provide the Customer with copies of all relevant correspondence; and
(c) correspondence and have due regard to the Customer's comments (if any) in relation to Regulated Change.14Change.4
4.12 Network Rail shall act in accordance with its Network Licence and its obligations as Infrastructure Manager and under the Network Code and Station Access Conditions and Depot Access Conditions (as appropriate) in considering in a timely manner the Customer's applications for the Network Rail Consents. Network Rail shall use its reasonable endeavours to:
(a) obtain or issue (as appropriate) the Network Rail Consents as soon as reasonably practicable; and
(b) liaise with all relevant third parties, so that as far as practicable, Network Rail Consents are granted on reasonable terms.
4.13 Notwithstanding any approval, acceptance, consent, comment, confirmation, acknowledgment or endorsement which Network Rail may be required to provide pursuant to this Agreement, the responsibility for the design and construction of the Works shall remain solely at the risk and cost of the Customer and Network Rail shall have no liability whatsoever, whether in contract, tort or otherwise for such design and construction or for any errors or omissions contained in the documents relating thereto.
4.14 4.6 Subject to the relevant lessee acting in good faith, Network Rail agrees to use its reasonable endeavours to negotiate, agree and (subject to the relevant parties reaching agreement on the terms and conditions) grant any leases or licences of the sites of the relevant part of the Works.
4.15 Subject to clauses 6.1 to 6.4clause 5, this Agreement does not constitute a consent under any property document between the Customer and Network Rail nor grant (or compel Network Rail to grant) any interest in any Network Rail property.
Appears in 2 contracts
Samples: Basic Asset Protection Agreement, Basic Asset Protection Agreement
Necessary Consents. 4.1 Unless otherwise agreed under clause 4.2 (and in the case of Network Rail Consents, in accordance with the process outlined in Schedule 8) the Customer:
(a) subject to clause4.1(b) is responsible for applying for and using reasonable endeavours to obtain all Necessary Consents in a format agreed between the Parties and in line with the requirements of the Implementation Programme; and
(b) shall apply for all Necessary Consents except where it has been agreed by Network Rail that Network Rail shall make applications for and use reasonable endeavours to obtain those Necessary Consents specified in paragraph 1.3 1.3(c) of Schedule 7 as revised in accordance with clause 4.
4.2 Where it is identified in Schedule 713 710 that Necessary Consents are required, the Parties shall discuss and agree who will make the appropriate application(s) and whether these should be obtained before the Works Commencement Date. Where the Parties do not agree who will make the appropriate application(s) for other Necessary Consents, then it will be the Customer's responsibility to do so.
4.3 Network Rail does not warrant that the list of Necessary Consents set out in Schedule 7 are definitive or exhaustive and the Customer must make its own enquiries in respect of the same.
4.4 Network Rail's obligations in relation to obtaining any Necessary Consents for which it is responsible are conditional upon Network Rail receiving in full the documentation and assistance related to the relevant Necessary Consents which it may reasonably require and has requested from the Customer.
4.5 The Customer shall prepare in accordance with the Implementation Programme (and in accordance with any requirements which Network Rail may have and at the appropriate times within the design and construction processes) all the documentation required to enable Network Rail to make submissions for any Necessary Consents and when necessary modify the design 13 The content of Schedule 7 should be amended by agreement to reflect the requirements of a specific Project. or construction processes to ensure that such consent is obtained and provide Network Rail with a copy of all such relevant documents so prepared.
4.6 Subject to clause 4.2, where Network Rail has agreed to apply for a Regulated Change consent, in accordance with the Implementation Programme the Customer shall provide Network Rail with the following information: a draft form of application or proposal as relevant for any Regulated Change which may be required in respect of the Works (which for the avoidance of doubt shall make reference to all relevant consequential documentation required in respect of the Works, including any lease(s) of the sites of the Works) which may be required in respect of the Works for approval by Network Rail.
4.7 Network Rail shall not object to the Regulated Change in the formal procedure for approval of the same which Network Rail has approved under clause 4.6.
4.8 Network Rail shall have no liability to the Customer under this Agreement, provided that Network Rail shall be obliged to make any reasonable appeal against any decision in respect of Regulated Change if reasonably requested to do so by the Customer, as a result of:
(a) any Necessary Consent not being granted; or
(b) any delay in granting any Necessary Consent; or
(c) the terms upon which any Necessary Consent is granted; except to the extent that it is as a result of negligence or a breach of this Agreement by Network Rail and in which case Network Rail will be liable for the Direct Costs incurred by the Customer.
4.9 The Customer in applying for any relevant Regulated Change shall administer any application for Network Change in accordance with the procedure set out in the Network Code; andand 10 The content of Schedule 7 should be amended by agreement to reflect the requirements of a specific Project.
(a) where the Regulated Change applies to a station, any proposal for Station Change in accordance with the procedures set out in the Station Access Conditions, or
(b) where the Regulated Change applies to a Depot, any proposal for Depot Change in accordance with the procedures set out in the Depot Access Conditions.
4.10 In the case of agreement of the Regulated Change before the Commencement Date the Regulated Change and the estimated Regulated Change costs shall be as listed in paragraph 1.2 of Schedule 7. Where a Regulated Change, that Network Rail is undertaking, has not been agreed before the Commencement Date, then following agreement of that Regulated Change and prior to the Works Commencement Date the Parties shall meet and agree and set out the Regulated Change an estimate within 20 Working Days (or such other period as may be agreed in writing) of agreement of costs for the Regulated Change up to the limit set out in paragraph 5(a) of Schedule 2. If they are not included at the Commencement Date, as soon as the estimate has been agreed, the Parties shall set it out in paragraph 1.3(c) of Schedule 7.
4.11 In conducting any discussions or negotiations with Operators in relation to Regulated Change Network Rail, subject to any reasonable confidentiality requirements, will:
(a) allow the Customer and its representatives to attend relevant meetings with any train operator;
(b) provide the Customer with copies of all relevant correspondence; and
(c) have due regard to the Customer's comments (if any) in relation to Regulated Change.14Change. 11
4.12 Network Rail shall act in accordance with its Network Licence and its obligations as Infrastructure Manager and under the Network Code and Station Access Conditions and Depot Access Conditions (as appropriate) in considering in a timely manner the Customer's applications for the Network Rail Consents. Network Rail shall use its reasonable endeavours to:
(a) obtain or issue (as appropriate) the Network Rail Consents as soon as reasonably practicable; and
(b) liaise with all relevant third parties, so that as far as practicable, Network Rail Consents are granted on reasonable terms.
4.13 Notwithstanding any approval, acceptance, consent, comment, confirmation, acknowledgment or endorsement which Network Rail may be required to provide pursuant to this Agreement, the responsibility for the design and construction of the Works shall remain solely at the risk and cost of the Customer and Network Rail shall have no liability whatsoever, whether in contract, tort or otherwise for such design and construction or for any errors or omissions contained in the documents relating thereto.
4.14 Subject to the relevant lessee acting in good faith, Network Rail agrees to use its it s reasonable endeavours to negotiate, agree and (subject to the relevant parties reaching agreement on the terms and conditions) grant any leases or licences of the sites of the relevant part of the Works.
4.15 Subject to clauses 6.1 to 6.4, this Agreement does not constitute a consent under any property document between the Customer and Network Rail nor grant (or compel Network Rail to grant) any interest in any Network Rail property. 11 This clause should be deleted w hen the Customer is a train operating company.
Appears in 1 contract
Samples: Asset Protection Agreement
Necessary Consents. 4.1 Unless otherwise agreed under clause 4.2 (and in the case of Where it is necessary for Network Rail to apply for Necessary Consents, in accordance with the process outlined in Schedule 8) the Customer:
(a) subject to clause4.1(b) is responsible for applying for and using reasonable endeavours to obtain all Necessary Consents in a format agreed between the Parties and in line with the requirements of the Implementation Programme; and
(b) shall apply for all Necessary Consents except where it has been agreed by Network Rail that Network Rail shall make applications for and use reasonable endeavours to obtain those such Necessary Consents specified but does not guarantee that the Necessary Consents will be granted or that the terms of Necessary Consents granted will be acceptable to the Customer. Network Rail (where reasonably requested) will provide relevant correspondence in paragraph 1.3 respect of Schedule 7 as revised Necessary Consents to the Customer and will take into account the Customer's views in accordance with clause 4this regard.
4.2 Where it is identified The Customer shall pay all costs reasonably incurred in Schedule 713 that applying for the Necessary Consents and any costs or compensation payable as a consequence of the grant of the Necessary Consents (except to the extent that they are required, due to the Parties shall discuss and agree who will make the appropriate application(s) and whether these should be obtained before the Works Commencement Date. Where the Parties do not agree who will make the appropriate application(s) for other Necessary Consents, then it will be the Customer's responsibility to do sonegligence or breach of Network Rail).
4.3 Network Rail does not warrant that the list of Necessary Consents set out in Schedule 7 are definitive or exhaustive and the Customer must make its own enquiries in respect of the same.
4.4 Network Rail's obligations in relation to obtaining any Necessary Consents for which it is responsible are conditional upon Network Rail receiving in full the documentation and assistance related to the relevant Necessary Consents Consent which it may reasonably require and has requested from the Customer.
4.5 The Customer shall prepare in accordance with the Implementation Programme (and in accordance with any requirements which Network Rail may have and at the appropriate times within the design and construction processes) all the documentation required to enable Network Rail to make submissions for any Necessary Consents and when necessary modify the design 13 The content of Schedule 7 should be amended by agreement to reflect the requirements of a specific Project. or construction processes to ensure that such consent is obtained and provide Network Rail with a copy of all such relevant documents so prepared.
4.6 Subject to clause 4.2, where Network Rail has agreed to apply for a Regulated Change consent, in accordance with the Implementation Programme the Customer shall provide Network Rail with the following information: a draft form of application or proposal as relevant for any Regulated Change which may be required in respect of the Works (which for the avoidance of doubt shall make reference to all relevant consequential documentation required in respect of the Works, including any lease(s) of the sites of the Works) which may be required in respect of the Works for approval by Network Rail.
4.7 Network Rail shall not object to the Regulated Change in the formal procedure for approval of the same which Network Rail has approved under clause 4.6.
4.8 4.4 Network Rail shall have no liability to the Customer under this Agreement, provided that Network Rail Agreement and shall be obliged have the right to make any extend the Construction Completion Date and the Liquidated Damages Payment Date by such period as is reasonable appeal against any decision in respect of Regulated Change if reasonably requested to do so by the Customer, circumstances as a result of:
(a) of any Necessary Consent not being granted; or
(b) granted or any delay in granting any Necessary Consent; or
(c) Consent or the terms upon which any Necessary Consent is granted; granted except to the extent that it is as a result of a negligence or a breach of this Agreement by Network Rail and in which case Network Rail will be liable for the Direct Costs incurred by the Customer.
4.9 The Customer in applying for any relevant Regulated Change shall administer any application for Network Change direct costs in accordance with the procedure set out in the Network Code; and
(a) where the Regulated Change applies to a station, any proposal for Station Change in accordance with the procedures set out in the Station Access Conditions, or
(b) where the Regulated Change applies to a Depot, any proposal for Depot Change in accordance with the procedures set out in the Depot Access Conditionsclause 13.5.
4.10 In the case of agreement of the Regulated Change before the Commencement Date the Regulated Change and the estimated Regulated Change costs shall be as listed in paragraph 1.2 of Schedule 7. Where a Regulated Change, that Network Rail is undertaking, has not been agreed before the Commencement Date, then the Parties shall agree and set out the Regulated Change estimate within 20 Working Days (or such other period as may be agreed in writing) of agreement of the Regulated Change up to the limit set out in paragraph 5(a) of Schedule 2. If they are not included at the Commencement Date, as soon as the estimate has been agreed, the Parties shall set it out in paragraph 1.3(c) of Schedule 7.
4.11 4.5 In conducting any discussions or negotiations with Operators train operators in relation to a Regulated Change Change, Network Rail, subject to any reasonable confidentiality requirements, will:
(a) will allow the Customer and its representatives to attend relevant meetings with any train operator;
(b) meetings, provide the Customer with copies of all relevant correspondence; and
(c) correspondence and have due regard to the Customer's comments (if any) in relation to Regulated Change.14Change.5
4.12 Network Rail shall act in accordance with its Network Licence and its obligations as Infrastructure Manager and under the Network Code and Station Access Conditions and Depot Access Conditions (as appropriate) in considering in a timely manner the Customer's applications for the Network Rail Consents. Network Rail shall use its reasonable endeavours to:
(a) obtain or issue (as appropriate) the Network Rail Consents as soon as reasonably practicable; and
(b) liaise with all relevant third parties, so that as far as practicable, Network Rail Consents are granted on reasonable terms.
4.13 Notwithstanding any approval, acceptance, consent, comment, confirmation, acknowledgment or endorsement which Network Rail may be required to provide pursuant to this Agreement, the responsibility for the design and construction of the Works shall remain solely at the risk and cost of the Customer and Network Rail shall have no liability whatsoever, whether in contract, tort or otherwise for such design and construction or for any errors or omissions contained in the documents relating thereto.
4.14 4.6 Subject to the relevant lessee acting in good faith, Network Rail agrees to use its reasonable endeavours to negotiate, agree and (subject to the relevant parties reaching agreement on the terms and conditions) grant any leases or licences of the sites of the relevant part of the Works.
4.15 Subject to clauses 6.1 to 6.4clause 5, this Agreement does not constitute a consent under any property document between the Customer and Network Rail nor grant (or compel Network Rail to grant) any interest in any Network Rail property.
5 Access and possessions
6 Safeguarding the Network
6.1 Network Rail and the Customer shall liaise generally on all safety matters arising out of the Works if, and to the extent that, they affect the Railway.
6.2 Notwithstanding any other provision of this Agreement, but subject to clause 10, Network Rail may at any time take whatever action Network Rail considers necessary to prevent, address, alleviate or comply with a Network Operation Issue, including requiring the Customer and any of its contractors to suspend the carrying out of the Works for such period and/or take such measures as Network Rail may require.
Appears in 1 contract
Samples: Basic Asset Protection Agreement
Necessary Consents. 4.1 Unless otherwise agreed under clause 4.2 (and in the case of Where it is necessary for Network Rail to apply for Necessary Consents, in accordance with the process outlined in Schedule 8) the Customer:
(a) subject to clause4.1(b) is responsible for applying for and using reasonable endeavours to obtain all Necessary Consents in a format agreed between the Parties and in line with the requirements of the Implementation Programme; and
(b) shall apply for all Necessary Consents except where it has been agreed by Network Rail that Network Rail shall make applications for and use reasonable endeavours to obtain those such Necessary Consents specified but does not guarantee that the Necessary Consents will be granted or that the terms of Necessary Consents granted will be acceptable to the Customer. Network Rail (where reasonably requested) will provide relevant correspondence in paragraph 1.3 respect of Schedule 7 as revised Necessary Consents to the Customer and will take into account the Customer's views in accordance with clause 4this regard.
4.2 Where it is identified The Customer shall pay all costs reasonably incurred in Schedule 713 that applying for the Necessary Consents and any costs or compensation payable as a consequence of the grant of the Necessary Consents (except to the extent that they are required, due to the Parties shall discuss and agree who will make the appropriate application(s) and whether these should be obtained before the Works Commencement Date. Where the Parties do not agree who will make the appropriate application(s) for other Necessary Consents, then it will be the Customer's responsibility to do sonegligence or breach of Network Rail).
4.3 Network Rail does not warrant that the list of Necessary Consents set out in Schedule 7 are definitive or exhaustive and the Customer must make its own enquiries in respect of the same.
4.4 Network Rail's obligations in relation to obtaining any Necessary Consents for which it is responsible are conditional upon Network Rail receiving in full the documentation and assistance related to the relevant Necessary Consents Consent which it may reasonably require and has requested from the Customer.
4.5 The Customer shall prepare in accordance with the Implementation Programme (and in accordance with any requirements which Network Rail may have and at the appropriate times within the design and construction processes) all the documentation required to enable Network Rail to make submissions for any Necessary Consents and when necessary modify the design 13 The content of Schedule 7 should be amended by agreement to reflect the requirements of a specific Project. or construction processes to ensure that such consent is obtained and provide Network Rail with a copy of all such relevant documents so prepared.
4.6 Subject to clause 4.2, where Network Rail has agreed to apply for a Regulated Change consent, in accordance with the Implementation Programme the Customer shall provide Network Rail with the following information: a draft form of application or proposal as relevant for any Regulated Change which may be required in respect of the Works (which for the avoidance of doubt shall make reference to all relevant consequential documentation required in respect of the Works, including any lease(s) of the sites of the Works) which may be required in respect of the Works for approval by Network Rail.
4.7 Network Rail shall not object to the Regulated Change in the formal procedure for approval of the same which Network Rail has approved under clause 4.6.
4.8 4.4 Network Rail shall have no liability to the Customer under this Agreement, provided that Network Rail Agreement and shall be obliged have the right to make any extend the Construction Completion Date and the Liquidated Damages Payment Date by such period as is reasonable appeal against any decision in respect of Regulated Change if reasonably requested to do so by the Customer, circumstances as a result of:
(a) of any Necessary Consent not being granted; or
(b) granted or any delay in granting any Necessary Consent; or
(c) Consent or the terms upon which any Necessary Consent is granted; granted except to the extent that it is as a result of a negligence or a breach of this Agreement by Network Rail and in which case Network Rail will be liable for the Direct Costs incurred by the Customer.
4.9 The Customer in applying for any relevant Regulated Change shall administer any application for Network Change direct costs in accordance with the procedure set out in the Network Code; and
(a) where the Regulated Change applies to a station, any proposal for Station Change in accordance with the procedures set out in the Station Access Conditions, or
(b) where the Regulated Change applies to a Depot, any proposal for Depot Change in accordance with the procedures set out in the Depot Access Conditionsclause 13.5.
4.10 In the case of agreement of the Regulated Change before the Commencement Date the Regulated Change and the estimated Regulated Change costs shall be as listed in paragraph 1.2 of Schedule 7. Where a Regulated Change, that Network Rail is undertaking, has not been agreed before the Commencement Date, then the Parties shall agree and set out the Regulated Change estimate within 20 Working Days (or such other period as may be agreed in writing) of agreement of the Regulated Change up to the limit set out in paragraph 5(a) of Schedule 2. If they are not included at the Commencement Date, as soon as the estimate has been agreed, the Parties shall set it out in paragraph 1.3(c) of Schedule 7.
4.11 4.5 In conducting any discussions or negotiations with Operators train operators in relation to a Regulated Change Change, Network Rail, subject to any reasonable confidentiality requirements, will:
(a) will allow the Customer and its representatives to attend relevant meetings with any train operator;
(b) meetings, provide the Customer with copies of all relevant correspondence; and
(c) correspondence and have due regard to the Customer's comments (if any) in relation to Regulated Change.14
4.12 Network Rail shall act in accordance Change.4 4 This clause should be replaced with its Network Licence and its obligations as Infrastructure Manager and under "not used" when the Network Code and Station Access Conditions and Depot Access Conditions (as appropriate) in considering in Customer is a timely manner the Customer's applications for the Network Rail Consents. Network Rail shall use its reasonable endeavours to:
(a) obtain or issue (as appropriate) the Network Rail Consents as soon as reasonably practicable; and
(b) liaise with all relevant third parties, so that as far as practicable, Network Rail Consents are granted on reasonable termstrain operating company.
4.13 Notwithstanding any approval, acceptance, consent, comment, confirmation, acknowledgment or endorsement which Network Rail may be required to provide pursuant to this Agreement, the responsibility for the design and construction of the Works shall remain solely at the risk and cost of the Customer and Network Rail shall have no liability whatsoever, whether in contract, tort or otherwise for such design and construction or for any errors or omissions contained in the documents relating thereto.
4.14 4.6 Subject to the relevant lessee acting in good faith, Network Rail agrees to use its reasonable endeavours to negotiate, agree and (subject to the relevant parties reaching agreement on the terms and conditions) grant any leases or licences of the sites of the relevant part of the Works.
4.15 Subject to clauses 6.1 to 6.4clause 5, this Agreement does not constitute a consent under any property document between the Customer and Network Rail nor grant (or compel Network Rail to grant) any interest in any Network Rail property.
Appears in 1 contract
Samples: Basic Asset Protection Agreement
Necessary Consents. 4.1 Unless otherwise agreed under clause 4.2 (and in the case of Network Rail Consents, in accordance with the process outlined in Schedule 8) the Customer:
(a) subject to clause4.1(bclause 4.1(b) is responsible for applying for and using reasonable endeavours to obtain all Necessary Consents in a format agreed between the Parties and in line with the requirements of the Implementation Programme; and
(b) shall apply for all Necessary Consents except where it has been agreed by Network Rail that Network Rail shall make applications for and use reasonable endeavours to obtain those Necessary Consents specified in paragraph 1.3 of Schedule 7 as revised in accordance with clause 4.
4.2 Where it is identified in Schedule 713 712 that Necessary Consents are required, the Parties shall discuss and agree who will make the appropriate application(s) and whether these should be obtained before the Works Commencement Date. Where the Parties do not agree who will make the appropriate application(s) for other Necessary Consents, then it will be the Customer's responsibility to do so.
4.3 Network Rail does not warrant that the list of Necessary Consents set out in Schedule 7 are definitive or exhaustive and the Customer must make its own enquiries in respect of the same.
4.4 Network Rail's obligations in relation to obtaining any Necessary Consents for which it is responsible are conditional upon Network Rail receiving in full the documentation and assistance related to the relevant Necessary Consents which it may reasonably require and has requested from the Customer.
4.5 The Customer shall prepare in accordance with the Implementation Programme (and in accordance with any requirements which Network Rail may have and at the appropriate times within the design and construction processes) all the documentation required to enable Network Rail to make submissions for any Necessary Consents and when necessary modify the design 13 The content of Schedule 7 should be amended by agreement to reflect the requirements of a specific Project. or construction processes to ensure that such consent is obtained and provide Network Rail with a copy of all such relevant documents so prepared.
4.6 Subject to clause 4.2, where Network Rail has agreed to apply for a Regulated Change consent, in accordance with the Implementation Programme the Customer shall provide Network Rail with the following information: a draft form of application or proposal as relevant for any Regulated Change which may be required in respect of the Works (which for the avoidance of doubt shall make reference to all relevant consequential documentation required in respect of the Works, including any lease(s) of the sites of the Works) which may be required in respect of the Works for approval by Network Rail.
4.7 Network Rail shall not object to the Regulated Change in the formal procedure for approval of the same which Network Rail has approved under clause 4.6.
4.8 Network Rail shall have no liability to the Customer under this Agreement, provided that Network Rail shall be obliged to make any reasonable appeal against any decision in respect of Regulated Change if reasonably requested to do so by the Customer, as a result of:
(a) any Necessary Consent not being granted; or
(b) any delay in granting any Necessary Consent; or
(c) the terms upon which any Necessary Consent is granted; except to the extent that it is as a result of negligence or a breach of this Agreement by Network Rail and in which case Network Rail will be liable for the Direct Costs incurred by the Customer.
4.9 The Customer in applying for any relevant Regulated Change shall administer any application for Network Change in accordance with the procedure set out in the Network Code; andand 12 The content of Schedule 7 should be amended by agreement to reflect the requirements of a specific Project.
(a) where the Regulated Change applies to a station, any proposal for Station Change in accordance with the procedures set out in the Station Access Conditions, or
(b) where the Regulated Change applies to a Depot, any proposal for Depot Change in accordance with the procedures set out in the Depot Access Conditions.
4.10 In the case of agreement of the Regulated Change before the Commencement Date the Regulated Change and the estimated Regulated Change costs shall be as listed in paragraph 1.2 of Schedule 7. Where a Regulated Change, that Network Rail is undertaking, has not been agreed before the Commencement Date, then the Parties shall agree and set out the Regulated Change estimate within 20 Working Days (or such other period as may be agreed in writing) of agreement of the Regulated Change up to the limit set out in paragraph 5(a) of Schedule 2. If they are not included at the Commencement Date, as soon as the estimate has been agreed, the Parties shall set it out in paragraph 1.3(c) of Schedule 7.
4.11 In conducting any discussions or negotiations with Operators in relation to Regulated Change Network Rail, subject to any reasonable confidentiality requirements, will:
(a) allow the Customer and its representatives to attend relevant meetings with any train operator;
(b) provide the Customer with copies of all relevant correspondence; and
(c) have due regard to the Customer's comments (if any) in relation to Regulated Change.14Change.13
4.12 Network Rail shall act in accordance with its Network Licence and its obligations as Infrastructure Manager and under the Network Code and Station Access Conditions and Depot Access Conditions (as appropriate) in considering in a timely manner the Customer's applications for the Network Rail Consents. Network Rail shall use its reasonable endeavours to:
(a) obtain or issue (as appropriate) the Network Rail Consents as soon as reasonably practicable; and
(b) liaise with all relevant third parties, so that as far as practicable, Network Rail Consents are granted on reasonable terms.
4.13 Notwithstanding any approval, acceptance, consent, comment, confirmation, acknowledgment or endorsement which Network Rail may be required to provide pursuant to this Agreement, the responsibility for the design and construction of the Works shall remain solely at the risk and cost of the Customer and Network Rail shall have no liability whatsoever, whether in contract, tort or otherwise for such design and construction or for any errors or omissions contained in the documents relating thereto.
4.14 Subject to the relevant lessee acting in good faith, Network Rail agrees to use its reasonable endeavours to negotiate, agree and (subject to the relevant parties reaching agreement on the terms and conditions) grant any leases or licences of the sites of the relevant part of the Works.
4.15 Subject to clauses 6.1 to 6.4, this Agreement does not constitute a consent under any property document between the Customer and Network Rail nor grant (or compel Network Rail to grant) any interest in any Network Rail property.
Appears in 1 contract
Samples: Asset Protection Agreement
Necessary Consents. 4.1 Unless otherwise agreed (a) Project Co shall at its own cost and expense:
(i) obtain and maintain in effect all Necessary Consents as and when required:
(A) for the performance of its obligations under clause 4.2 this Agreement; and
(B) by any Applicable Requirements;
(ii) keep TfL fully informed of the progress and status of any application for a Necessary Consent, and any potential issues regarding the adequacy of any current or prospective Necessary Consent;
(iii) implement each Necessary Consent within the period of its validity and in accordance with its terms;
(iv) perform its obligations pursuant to this Agreement in accordance with all Necessary Consents;
(v) ensure that the case Works and the Project Facilities shall at all times meet the terms of Network Rail Consents, any Necessary Consents and all Applicable Requirements;
(vi) ensure that the Services shall at all times be carried out in accordance with the process outlined in Schedule 8) the Customer:terms of any Necessary Consents and all Applicable Requirements;
(avii) subject ensure that the benefit of all Necessary Consents obtained by Project Co in relation to clause4.1(bthe Project can to the extent legally possible be enjoyed by TfL concurrently with Project Co, both prior to and following the End Date, provided that where the extension of the benefit of a Necessary Consent beyond the End Date cannot be obtained by Project Co, Project Co shall provide such reasonable assistance as requested by TfL in relation to so extending the benefit of such Necessary Consent (provided that Project Co shall not be required to expend time and resources on such extension which are in excess of the equivalent time and resources that would reasonably be incurred on obtaining the relevant Necessary Consent);
(viii) is responsible for applying for provide to TfL whenever reasonably requested evidence that all Necessary Consents have been obtained and using reasonable endeavours to obtain maintained in effect; and
(ix) maintain a full register of all Necessary Consents in relation to the Project and provide a format agreed between the Parties and in line with the requirements of the Implementation Programme; andcopy to TfL whenever reasonably requested.
(b) Project Co acknowledges and agrees that to the extent any Transferred DCO Function requires Project Co to obtain a Necessary Consent, this clause 6 (Consents) shall apply for all to such Necessary Consent.
(c) To the extent that any concurrent enjoyment by TfL of any Necessary Consents except where it has been agreed obtained by Network Rail that Network Rail shall make applications for Project Co pursuant to this clause 6.1 (Necessary Consents) adversely affects Project Co's performance of its obligations under this Agreement, such adverse effects shall:
(i) prior to the Permit to Use Date, constitute a Compensation Event subject to and use reasonable endeavours to obtain those Necessary Consents specified in paragraph 1.3 of Schedule 7 as revised in accordance with clause 4.
4.2 Where it is identified in Schedule 713 that Necessary Consents are required, the Parties shall discuss and agree who will make the appropriate application(s) and whether these should be obtained before the Works Commencement Date. Where the Parties do not agree who will make the appropriate application(s) for other Necessary Consents, then it will be the Customer's responsibility to do so.
4.3 Network Rail does not warrant that the list of Necessary Consents set out in Schedule 7 are definitive or exhaustive and the Customer must make its own enquiries in respect of the same.
4.4 Network Rail's obligations in relation to obtaining any Necessary Consents for which it is responsible are conditional upon Network Rail receiving in full the documentation and assistance related to the relevant Necessary Consents which it may reasonably require and has requested from the Customer.
4.5 The Customer shall prepare in accordance with the Implementation Programme 26.1 (and in accordance with any requirements which Network Rail may have and at the appropriate times within the design and construction processes) all the documentation required to enable Network Rail to make submissions for any Necessary Consents and when necessary modify the design 13 The content of Schedule 7 should be amended by agreement to reflect the requirements of a specific Project. or construction processes to ensure that such consent is obtained and provide Network Rail with a copy of all such relevant documents so prepared.
4.6 Subject to clause 4.2, where Network Rail has agreed to apply for a Regulated Change consent, in accordance with the Implementation Programme the Customer shall provide Network Rail with the following information: a draft form of application or proposal as relevant for any Regulated Change which may be required in respect of the Works (which for the avoidance of doubt shall make reference to all relevant consequential documentation required in respect of the Works, including any lease(s) of the sites of the Works) which may be required in respect of the Works for approval by Network Rail.
4.7 Network Rail shall not object to the Regulated Change in the formal procedure for approval of the same which Network Rail has approved under clause 4.6.
4.8 Network Rail shall have no liability to the Customer under this Agreement, provided that Network Rail shall be obliged to make any reasonable appeal against any decision in respect of Regulated Change if reasonably requested to do so by the Customer, as a result of:
(a) any Necessary Consent not being grantedCompensation Events); or
(bii) any delay in granting any Necessary Consent; or
(c) following the terms upon which any Necessary Consent is granted; except Permit to Use Date, to the extent that it Project Co incurs additional costs or is required to undertake additional works or services, be deemed to be a TfL Change pursuant to Part 1 (TfL Changes) of Schedule 22 (Change Procedure), unless and to the extent that the concurrent enjoyment of any Necessary Consent is as a result of negligence or a breach by Project Co of this Agreement by Network Rail and in which case Network Rail will be liable for the Direct Costs incurred by the Customer.
4.9 The Customer in applying for any relevant Regulated Change shall administer any application for Network Change in accordance with the procedure set out in the Network Code; and
(a) where the Regulated Change applies to a station, any proposal for Station Change in accordance with the procedures set out in the Station Access Conditions, or
(b) where the Regulated Change applies to a Depot, any proposal for Depot Change in accordance with the procedures set out in the Depot Access Conditions.
4.10 In the case of agreement of the Regulated Change before the Commencement Date the Regulated Change and the estimated Regulated Change costs shall be as listed in paragraph 1.2 of Schedule 7. Where a Regulated Change, that Network Rail is undertaking, has not been agreed before the Commencement Date, then the Parties shall agree and set out the Regulated Change estimate within 20 Working Days (or such other period as may be agreed in writing) of agreement of the Regulated Change up to the limit set out in paragraph 5(a) of Schedule 2. If they are not included at the Commencement Date, as soon as the estimate has been agreed, the Parties shall set it out in paragraph 1.3(c) of Schedule 7.
4.11 In conducting any discussions or negotiations with Operators in relation to Regulated Change Network Rail, subject to any reasonable confidentiality requirements, will:
(a) allow the Customer and its representatives to attend relevant meetings with any train operator;
(b) provide the Customer with copies of all relevant correspondence; and
(c) have due regard to the Customer's comments (if any) in relation to Regulated Change.14
4.12 Network Rail shall act in accordance with its Network Licence and its obligations as Infrastructure Manager and under the Network Code and Station Access Conditions and Depot Access Conditions (as appropriate) in considering in a timely manner the Customer's applications for the Network Rail Consents. Network Rail shall use its reasonable endeavours to:
(a) obtain or issue (as appropriate) the Network Rail Consents as soon as reasonably practicable; and
(b) liaise with all relevant third parties, so that as far as practicable, Network Rail Consents are granted on reasonable terms.
4.13 Notwithstanding any approval, acceptance, consent, comment, confirmation, acknowledgment or endorsement which Network Rail may be required to provide pursuant to this Agreement, the responsibility for the design and construction of the Works shall remain solely at the risk and cost of the Customer and Network Rail shall have no liability whatsoever, whether in contract, tort or otherwise for such design and construction or for any errors or omissions contained in the documents relating thereto.
4.14 Subject to the relevant lessee acting in good faith, Network Rail agrees to use its reasonable endeavours to negotiate, agree and (subject to the relevant parties reaching agreement on the terms and conditions) grant any leases or licences of the sites of the relevant part of the Works.
4.15 Subject to clauses 6.1 to 6.4, this Agreement does not constitute a consent under any property document between the Customer and Network Rail nor grant (or compel Network Rail to grant) any interest in any Network Rail property.
Appears in 1 contract
Samples: Project Agreement
Necessary Consents. 4.1 Unless otherwise agreed under clause 4.2 (and in the case of Network Rail Consents, in accordance with the process outlined in Schedule 8) the Customer:
(a) subject to clause4.1(b) The Customer is responsible for applying for and using reasonable endeavours to obtain all Necessary Consents (unless otherwise agreed under Clause 4.2) in accordance with the process outlined in Schedule 8, in a format agreed between the Parties and in line with the requirements of the Implementation Programme; and
(b) shall apply for all Necessary Consents except where it has been agreed by Network Rail that Network Rail shall make applications for and use reasonable endeavours to obtain those Necessary Consents specified in paragraph 1.3 of Schedule 7 as revised in accordance with clause 4.
4.2 Where it is identified in Schedule 713 74 that Necessary Consents are required, the Parties shall discuss and agree who will make the appropriate application(s) and whether these should be obtained before the Works Commencement Date. Where the Parties do not agree who will make the appropriate application(s) for other Necessary Consents, then it will be the Customer's ’s responsibility to do so. 4 The content of Schedule 7 should be amended by agreement to reflect the requirements of a specific Project.
4.3 The Customer shall apply for all Necessary Consents except where it has been agreed by Network Rail that Network Rail shall use reasonable endeavours to make applications for those Necessary Consents specified in Paragraph 2 of Schedule 7 as revised in accordance with Clause 4.
4.4 Network Rail does not warrant that the list of Necessary Consents set out in Schedule 7 are definitive or exhaustive and the Customer must make its own enquiries in respect of the same.
4.4 4.5 Network Rail's ’s obligations in relation to obtaining any Necessary Consents for which it is responsible are conditional upon Network Rail receiving in full the documentation and assistance related to the relevant Necessary Consents which it may reasonably require and has requested from the Customer.
4.5 4.6 The Customer shall prepare in accordance with the Implementation Programme (and in accordance with any requirements which Network Rail may have and at the appropriate times within the design and construction processes) all the documentation required to enable Network Rail to make submissions for any Necessary Consents and when necessary modify the design 13 The content of Schedule 7 should be amended by agreement to reflect the requirements of a specific Project. or construction processes to ensure that such consent is obtained and provide Network Rail with a copy of all such relevant documents so prepared.
4.6 4.7 Subject to clause Clause 4.2, where Network Rail has agreed to apply for a Regulated Change consent, in accordance with the Implementation Programme the Customer shall provide Network Rail with the following information: a draft form of application or proposal as relevant for any Regulated Change which may be required in respect of the Works (which for the avoidance of doubt shall make reference to all relevant consequential documentation required in respect of the Works, including any lease(s) of the sites of the Works) which may be required in respect of the Works for approval by Network Rail.
4.7 4.8 Network Rail shall not object to the Regulated Change in the formal procedure for approval of the same which Network Rail has approved under clause 4.6Clause 4.7.
4.8 4.9 Network Rail shall have no liability to the Customer under this Agreement, provided that Network Rail shall be obliged to make any reasonable appeal against any decision in respect of Regulated Change if reasonably requested to do so by the Customer, as a result of:
(a) any Necessary Consent not being granted; or
(b) any delay in granting any Necessary Consent; or
(c) the terms upon which any Necessary Consent is granted; except to the extent that it is as a result of negligence or a breach of this Agreement by Network Rail and in which case Network Rail will be liable for the Direct Costs incurred by the Customer.
4.9 4.10 The Customer in applying for any relevant Regulated Change shall administer administer:
(a) any application for Network Change in accordance with the procedure set out in the Network Code; and
(ab) where the Regulated Change applies to a station, any proposal Proposal for Station Change in accordance with the procedures set out in the Station Access Conditions, or
(b) where the Regulated Change applies to a Depot, any proposal for Depot Change in accordance with the procedures set out in the Depot Access Conditions.
4.10 4.11 In the case of agreement of the Regulated Change before the Commencement Date the Regulated Change and the estimated Regulated Change costs shall be as listed in paragraph 1.2 of Schedule 7. Where a Regulated Change, that Network Rail is undertaking, has not been agreed before the Commencement Date, then the Parties shall agree and set out the Regulated Change estimate within 20 Working Days (or such other period as may be agreed in writing) of agreement of the Regulated Change up to the limit set out in paragraph 5(a) of Schedule 2. If they are not included at the Commencement Date, as soon as the estimate has been agreed, the Parties shall set it out in paragraph 1.3(c) of Schedule 7.
4.11 In conducting any discussions or negotiations with Operators in relation to Regulated Change Network Rail, subject to any reasonable confidentiality requirements, will:
(a) allow the Customer and its representatives to attend relevant meetings with any train operator;
(b) provide the Customer with copies of all relevant correspondence; and
(c) have due regard to the Customer's comments (if any) in relation to Regulated Change.14
4.12 Network Rail shall act in accordance with its Network Licence and its obligations as Infrastructure Manager and under the Network Code and Station Access Conditions and Depot Access Conditions (as appropriate) in considering in a timely manner the Customer's applications for the Network Rail Consents. Network Rail shall use its reasonable endeavours to:
(a) obtain or issue (as appropriate) the Network Rail Consents as soon as reasonably practicable; and
(b) liaise with all relevant third parties, so that as far as practicable, Network Rail Consents are granted on reasonable terms.
4.13 Notwithstanding any approval, acceptance, consent, comment, confirmation, acknowledgment or endorsement which Network Rail may be required to provide pursuant to this Agreement, the responsibility for the design and construction of the Works shall remain solely at the risk and cost of the Customer and Network Rail shall have no liability whatsoever, whether in contract, tort or otherwise for such design and construction or for any errors or omissions contained in the documents relating thereto.
4.14 Subject to the relevant lessee acting in good faith, Network Rail agrees to use its reasonable endeavours to negotiate, agree and (subject to the relevant parties reaching agreement on the terms and conditions) grant any leases or licences of the sites of the relevant part of the Works.
4.15 Subject to clauses 6.1 to 6.4, this Agreement does not constitute a consent under any property document between the Customer and Network Rail nor grant (or compel Network Rail to grant) any interest in any Network Rail property.Paragraph
Appears in 1 contract
Samples: Asset Protection Agreement
Necessary Consents. 4.1 Unless otherwise agreed under clause 4.2 (and in the case of Network Rail Consents, in accordance with the process outlined in Schedule 8) the Customer:
(a) subject to clause4.1(b) is responsible for applying for and using reasonable endeavours to obtain all Necessary Consents in a format agreed between the Parties and in line with the requirements of the Implementation Programme; and
(b) shall apply for all Necessary Consents except where it has been agreed by Network Rail that Network Rail shall make applications for for, and use reasonable endeavours to obtain obtain, those Necessary Consents specified in paragraph 1.3 Paragraph 5.2 of Schedule 7 3 as revised in accordance with clause 4.Clause 6;
4.2 Where it is identified in Schedule 713 that Necessary Consents are required, the Parties shall discuss and agree who will make the appropriate application(s) and whether these should be obtained before the Works Commencement Date. Where the Parties do not agree who will make the appropriate application(s) for other Necessary Consents, then it will be the Customer's responsibility to do so.
4.3 Network Rail does not warrant that the list of Necessary Consents set out in Schedule 7 are definitive or exhaustive and the Customer must make its own enquiries in respect of the same.
4.4 Network Rail's obligations in relation to obtaining any Necessary Consents for which it is responsible are conditional upon Network Rail receiving in full the documentation and assistance related to the relevant Necessary Consents which it may reasonably require and has requested from the Customer.
4.5 The Customer shall prepare in accordance with the Implementation Programme (and in accordance with any requirements which Network Rail may have and at the appropriate times within the design and construction processes) all the documentation required to enable Network Rail to make submissions for any Necessary Consents and when necessary modify the design 13 The content of Schedule 7 should be amended by agreement to reflect the requirements of a specific Project. or construction processes to ensure that such consent is obtained and provide Network Rail with a copy of all such relevant documents so prepared.
4.6 Subject to clause 4.2, where Network Rail has agreed to apply for a Regulated Change consent, in accordance with the Implementation Programme the Customer shall provide Network Rail with the following information: a draft form of application or proposal as relevant for any Regulated Change which may be required in respect of the Works (which for the avoidance of doubt shall make reference to all relevant consequential documentation required in respect of the Works, including any lease(s) of the sites of the Works) which may be required in respect of the Works for approval by Network Rail.
4.7 Network Rail shall not object to the Regulated Change in the formal procedure for approval of the same which Network Rail has approved under clause 4.6.
4.8 Network Rail shall have no liability to the Customer under this Agreement, provided that Network Rail Agreement and shall be obliged have the right to make any extend the Completion Date and the Liquidated Damages Payment Date by such period as is reasonable appeal against any decision in respect of Regulated Change if reasonably requested to do so by the Customer, circumstances as a result of:
(a) any Necessary Consent not being granted; or
(b) any delay in granting any Necessary Consent; or
(c) the terms upon which any Necessary Consent is granted; except to the extent that it is as a result of negligence or a breach of this Agreement by Network Rail and in which case Network Rail will be liable for the Direct Costs incurred by the Customer.
4.9 The Customer in applying for any relevant Regulated Change shall administer any application for Network Change in accordance with the procedure set out in the Network Code; and
(a) where the Regulated Change applies to a station, any proposal for Station Change in accordance with the procedures set out in the Station Access Conditions, or
(b) where the Regulated Change applies to a Depot, any proposal for Depot Change in accordance with the procedures set out in the Depot Access Conditions.
4.10 4.3 In the case of agreement of the Regulated Change before the Commencement Date the Regulated Change and the estimated Regulated Change costs shall be as listed in paragraph 1.2 Paragraph 5 of Schedule 73. Where a Regulated Change, that Network Rail is undertaking, has not been agreed before the Commencement Date, then following agreement of that Regulated Change and prior to the Works Commencement Date the Parties shall meet and agree and set out the Regulated Change an estimate within 20 Working Days (or such other period as may be agreed in writing) of agreement of the Regulated Change costs up to the limit set out Completion Date for the Regulated Change. The estimated Regulated Change costs shall be listed in paragraph 5(a) Paragraph 5.4 of Schedule 23. If they are not included at the Commencement Date, as soon as the estimate has been agreed, the Parties shall set it out in paragraph 1.3(c) Paragraph 5.4 of Schedule 73.
4.11 4.4 In conducting any discussions or negotiations with Operators train operators in relation to Regulated Change Network Rail, subject to any reasonable confidentiality requirements, will:
(a) allow the Customer and its representatives to attend relevant meetings with any train operator;
(b) provide the Customer with copies of all relevant correspondence; and
(c) have due regard to the Customer's comments (if any) in relation to Regulated Change.14Change
4.12 4.5 The Customer has agreed to be responsible for applying for, and using reasonable endeavours to obtain, the Necessary Consents listed in Paragraph 5.3 of Schedule 3 in a format agreed between the Parties and in line with the requirements of the Implementation Programme.
4.6 Network Rail's obligations in relation to obtaining the Necessary Consents are conditional upon Network Rail shall act receiving in accordance with its Network Licence full the documentation and its obligations as Infrastructure Manager and under the Network Code and Station Access Conditions and Depot Access Conditions (as appropriate) in considering in a timely manner the Customer's applications for the Network Rail Consents. Network Rail shall use its reasonable endeavours to:
(a) obtain or issue (as appropriate) the Network Rail Consents as soon as reasonably practicable; and
(b) liaise with all relevant third parties, so that as far as practicable, Network Rail Consents are granted on reasonable terms.
4.13 Notwithstanding any approval, acceptance, consent, comment, confirmation, acknowledgment or endorsement which Network Rail may be required to provide pursuant to this Agreement, the responsibility for the design and construction of the Works shall remain solely at the risk and cost of the Customer and Network Rail shall have no liability whatsoever, whether in contract, tort or otherwise for such design and construction or for any errors or omissions contained in the documents relating thereto.
4.14 Subject assistance related to the relevant lessee acting in good faith, Network Rail agrees to use its reasonable endeavours to negotiate, agree Necessary Consent which it may reasonably require and (subject to has requested from the relevant parties reaching agreement on the terms and conditions) grant any leases or licences of the sites of the relevant part of the WorksCustomer.
4.15 Subject to clauses 6.1 to 6.4, this Agreement does not constitute a consent under any property document between the Customer and Network Rail nor grant (or compel Network Rail to grant) any interest in any Network Rail property.
Appears in 1 contract
Samples: Implementation Agreement
