Common use of Network Rail Costs Clause in Contracts

Network Rail Costs. 15.1 The Customer shall pay to Network Rail all reasonably and properly incurred Network Rail Costs and any other sums due under this Agreement, in accordance with the terms set out in this clause 15 and Schedule 2. For the avoidance of doubt, costs incurred by Network Rail as a result of a breach by or negligence of its Contractors are not reasonably and properly incurred Network Rail Costs. 15.2 Within ten (10) Working Days after the end of each Payment Period throughout the carrying out of the Works and Services, Network Rail shall submit an invoice (with an attached breakdown and including any supporting information reasonably requested by the Customer) to the Customer in respect of the Network Rail Costs applicable to such Payment Period (or any preceding Payment Periods, if not previously invoiced). Subject to clause 15.3, payment by the Customer to Network Rail shall be without set-off, retention, counterclaim, abatement or any other deduction and shall be due twenty (20) Working Days after the date of issue of the invoice (due date for payment). 15.3 Where the Customer intends to withhold all or part of payments of any amount claimed by Network Rail in the invoice, notice must be given to Network Rail not later than five (5) Working Days before the due date for payment under clause 15.2. The notice shall state the amount to be withheld, the basis on which that amount is calculated and the grounds for withholding payment. Unless such notification to withhold payment has been received from the Customer, the amount to be paid is that stated in the invoice which shall become due in accordance with clause 15.2. 15.4 Should any invoice not be paid by the due date for payment in accordance with clause 15.2 (except in respect of any amount determined not to be payable pursuant to clause 24), interest shall be payable on the amount due calculated from the due date for payment up to and including the actual date of payment at the Interest Rate. 15.5 The Customer will not be liable for Network Rail Costs for any part of the Works and Services which have already been included in Network Rail's business plan and approved for the Project by Network Rail's Board prior to the Commencement Date, or in respect of Network Rail Costs of any Variation, the date of agreement of such Variation. 20

Network Rail Costs. 15.1 10.1 The Customer shall pay to Network Rail all reasonably and properly incurred Network Rail Costs and any other sums due under this Agreement, Agreement in accordance with the terms set out in this clause 15 10 and Schedule 2. For the avoidance of doubt, costs incurred by Network Rail as a result of a breach by or negligence of its Contractors are not reasonably and properly incurred Network Rail Costs. 15.2 10.2 Within ten (10) Working Days after the end of each Payment Period payment period throughout the carrying out of the Works and ServicesWorks, Network Rail shall submit an invoice (with an attached breakdown and including any supporting information reasonably requested by the Customer) to the Customer in respect of the Network Rail Costs applicable to such Payment Period (payment period or any preceding Payment Periodspayment periods, if not previously invoiced). Subject to clause 15.310.3, payment by the Customer to Network Rail shall be without set-off, retention, counterclaim, abatement or any other deduction and shall be due twenty (20) Working Days after the date of issue of the invoice (due date for paymentFinal Date For Payment). 15.3 10.3 Where the Customer intends to withhold all or part of payments of any amount claimed by Network Rail in the invoice, notice must be given to Network Rail not later than five (5) Working Days before the due date for payment Final Date For Payment under clause 15.210.2. The notice shall state the amount to be withheld, the basis on which that amount is calculated and the grounds for withholding payment. Unless such notification to withhold payment has been received from the Customer, the amount to be paid is that stated in the invoice which shall become due in accordance with clause 15.210.2. 15.4 10.4 Should any invoice not be paid by the due date for payment Final Date For Payment in accordance with clause 15.2 10.2 (except in respect of any amount determined not to be payable pursuant to clause 2416), interest shall be payable on the amount due calculated from the due date for payment up to and including the actual date of payment at the Interest Rate. 15.5 The Customer 10.5 All amounts are exclusive of value added tax, which will not be liable for Network Rail Costs for any part of charged at the Works and Services which have already been included in Network Rail's business plan and approved for the Project by Network Rail's Board prior to the Commencement Date, or in respect of Network Rail Costs of any Variation, the date of agreement of such Variation. 20applicable rate.

Network Rail Costs. 15.1 10.1 The Customer shall pay to Network Rail all reasonably and properly incurred Network Rail Costs and any other sums due under this Agreement, Agreement in accordance with the terms set out in this clause 15 10 and Schedule 2. For the avoidance of doubt, costs incurred by Network Rail as a result of a breach by or negligence of its Contractors are not reasonably and properly incurred Network Rail Costs. 15.2 10.2 Within ten (10) Working Days after the end of each Payment Period throughout the carrying out of the Works and Services, Network Rail shall submit an invoice (with an attached breakdown and including any supporting information reasonably requested by the Customer) to the Customer in respect of the Network Rail Costs applicable to such Payment Period (or any preceding Payment Periods, if not previously invoiced). Subject to clause 15.310.3, payment by the Customer to Network Rail shall be without set-off, retention, counterclaim, abatement or any other deduction and shall be due twenty (20) Working Days after the date of issue of the invoice (due date for paymentFinal Date For Payment). 15.3 10.3 Where the Customer intends to withhold all or part of payments of any amount claimed by Network Rail in the invoice, notice must be given to Network Rail not later than five (5) Working Days before the due date for payment Final Date For Payment under clause 15.210.2. The notice shall state the amount to be withheld, the basis on which that amount is calculated and the grounds for withholding payment. Unless such notification to withhold payment has been received from the Customer, the amount to be paid is that stated in the invoice which shall become due in accordance with clause 15.210.2. 15.4 10.4 Should any invoice not be paid by the due date for payment Final Date For Payment in accordance with clause 15.2 10.2 (except in respect of any amount determined not to be payable pursuant to clause 2417), interest shall be payable on the amount due calculated from the due date for payment up to and including the actual date of payment at the Interest Rate. 15.5 10.5 The Customer will not be liable for Network Rail Costs for any part of the Works and Services which have already been included in Network Rail's business plan for the year in which such Network Rail Costs are incurred and approved for the Project by Network Rail's Board prior to the Commencement Date, or or, in respect of the Network Rail Costs of any Variation, the date of agreement of such Variation. 20Variation.20

Network Rail Costs. 15.1 The Customer shall pay to Network Rail all reasonably and properly incurred Network Rail Costs and any other sums due under this Agreement, in accordance with the terms set out in this clause Clause 15 and Schedule 2. For the avoidance of doubt, costs incurred by Network Rail as a result of a breach by or negligence of its Contractors are not reasonably and properly incurred Network Rail Costs. 15.2 Within ten (10) Working Days after the end of each Payment Period throughout the carrying out of the Works and Services, Network Rail shall submit an invoice (with an attached breakdown and including any supporting information reasonably requested by the Customer) to the Customer in respect of the Network Rail Costs applicable to such Payment Period (or any preceding Payment Periods, if not previously invoiced). Subject to clause Clause 15.3, payment by the Customer to Network Rail shall be without set-off, retention, counterclaim, abatement or any other deduction and shall be due twenty (20) Working Days after the date of issue of the invoice (the "due date for payment"). 15.3 Where the Customer intends to withhold all or part of payments of any amount claimed by Network Rail in the invoice, notice must be given to Network Rail not later than five (5) Working Days before the due date for payment under clause Clause 15.2. The notice shall state the amount to be withheld, the basis on which that amount is calculated and the grounds for withholding payment. Unless such notification to withhold payment has been received from the Customer, the amount to be paid is that stated in the invoice which shall become due in accordance with clause Clause 15.2. 15.4 Should any invoice not be paid by the due date for payment in accordance with clause Clause 15.2 (except in respect of any amount determined not to be payable pursuant to clause Clause 24), interest shall be payable on the amount due calculated from the due date for payment up to and including the actual date of payment at the Interest Rate., 15.5 The Subject to Clause 15.6, the Customer will not be liable for Network Rail Costs for any part of the Works and Services which have already been included in Network Rail's business plan and approved for the Project by Network Rail's ’s Board either prior to to: (1) the Commencement Date, or (2) in respect of Network Rail Costs of any Variation, the date of agreement of such Variation. 20. 15.6 Where Works or Services are actually carried out in any financial year before the Intended Financial Year, then the Customer shall pay to Network Rail: (a) if the Works or Services are carried out in the financial year immediately before the Intended Financial Year, the relevant retail price index plus the Regulatory Rate of Return on the cost of such Works or Services for the period from the date such costs of any such Works or Services are actually incurred up to the first day of the financial year which is the Intended Financial Year; or (b) if the Works or Services are carried out in any financial year other than the financial year referred to in Clause 15.6(a), the aggregate of: (i) the relevant retail price index plus the Regulatory Rate of Return in respect of such Works or Services for the period from the date the costs of such Works or Services are actually incurred up to the first day of the next financial year (the First Financial Year); and (ii) the relevant retail price index plus the Regulatory Rate of Return in respect of such Works or Services for each financial year following the First Financial Year until the first day of the financial year which is the Intended Financial Year. 15.7 For the purposes of Clause 15.6:

Network Rail Costs. 15.1 The Customer shall pay to Network Rail all reasonably and properly incurred Network Rail Costs and any other sums due under this Agreement, in accordance with the terms set out in this clause 15 and Schedule 2. For the avoidance of doubt, costs incurred by Network Rail as a result of a breach by or negligence of its Contractors are not reasonably and properly incurred Network Rail Costs. 15.2 Within ten (10) Working Days after the end of each Payment Period throughout the carrying out of the Works and Services, Network Rail shall submit an invoice (with an attached breakdown and including any supporting information reasonably requested by the Customer) to the Customer in respect of the Network Rail Costs applicable to such Payment Period (or any preceding Payment Periods, if not previously invoiced). Subject to clause 15.3, payment by the Customer to Network Rail shall be without set-off, retention, counterclaim, abatement or any other deduction and shall be due twenty (20) Working Days after the date of issue of the invoice invoic e (due date for payment). 15.3 Where the Customer intends to withhold all or part of payments of any amount claimed by Network Rail in the invoice, notice must be given to Network Rail not later than five (5) Working Days before the due date for payment under clause 15.2. The notice shall state the amount to be withheld, the basis on which that amount is calculated and the grounds for withholding payment. Unless such notification to withhold payment has been received from the Customer, the amount to be paid is that stated in the invoice which shall become due in accordance with clause 15.2. 15.4 Should any invoice not be paid by the due date for payment in accordance with clause 15.2 (except in respect of any amount determined not to be payable pursuant to clause 24), interest shall be payable on the amount due calculated from the due date for payment up to and including the actual date of payment at the Interest Rate. 15.5 The Customer will not be liable for Network Rail Costs for any part of the Works and Services which have already been included in Network Rail's business plan and approved for the Project by Network Rail's Board prior to the Commencement Date, or in respect of Network Rail Costs of any Variation, the date of agreement of such Variation. 2016

Network Rail Costs. 15.1 10.1 The Customer shall pay to Network Rail all reasonably and properly incurred Network Rail Costs and any other sums due under this Agreement, Agreement in accordance with the terms set out in this clause 15 10 and Schedule 2. For the avoidance of doubt, costs incurred by Network Rail as a result of a breach by or negligence of its Contractors are not reasonably and properly incurred Network Rail Costs. 15.2 10.2 Within ten (10) Working Days after the end of each Payment Period throughout the carrying out of the Works and Services, Network Rail shall submit an invoice (with an attached breakdown and including any supporting information reasonably requested by the Customer) to the Customer in respect of the Network Rail Costs applicable to such Payment Period (or any preceding Payment Periods, if not previously invoiced). Subject to clause 15.310.3, payment by the Customer to Network Rail shall be without set-off, retention, counterclaim, abatement or any other deduction and shall be due twenty (20) Working Days after the date of issue of the invoice (due date for payment). 15.3 10.3 Where the Customer intends to withhold all or part of payments of any amount claimed by Network Rail in the invoice, notice must be given to Network Rail not later than five (5) Working Days before the due date for payment under clause 15.210.2. The notice shall state the amount to be withheld, the basis on which that amount is calculated and the grounds for withholding payment. Unless such notification to withhold payment has been received from the Customer, the amount to be paid is that stated in the invoice which shall become due in accordance with clause 15.210.2. 15.4 10.4 Should any invoice not be paid by the due date for payment in accordance with clause 15.2 10.2 (except in respect of any amount determined not to be payable pursuant to clause 2417), interest shall be payable on the amount due calculated from the due date for payment up to and including the actual date of payment at the Interest Rate. 15.5 10.5 The Customer will not be liable for Network Rail Costs for any part of the Works and Services which have already been included in Network Rail's business plan for the year in which such Network Rail Costs are incurred and approved for the Project by Network Rail's Board prior to the Commencement Date, or or, in respect of the Network Rail Costs of any Variation, the date of agreement of such Variation. 20Variation.20

Network Rail Costs. 15.1 The Customer shall pay to Network Rail all reasonably and properly incurred Network Rail Costs and any other sums due under this Agreement, in accordance with the terms set out in this clause 15 and Schedule 2. For the avoidance of doubt, costs incurred by Network Rail as a result of a breach by or negligence of its Contractors are not reasonably and properly incurred Network Rail Costs. 15.2 Within ten (10) Working Days after the end of each Payment Period throughout the carrying out of the Works and Services, Network Rail shall submit an invoice (with an attached breakdown and including any supporting information reasonably requested by the Customer) to the Customer in respect of the Network Rail Costs applicable to such Payment Period (or any preceding Payment Periods, if not previously invoiced). Subject to clause 15.3, payment by the Customer to Network Rail shall be without set-off, retention, counterclaim, abatement or any other deduction and shall be due twenty (20) Working Days after the date of issue of the invoice (due date for payment). 15.3 Where the Customer intends to withhold all or part of payments of any amount claimed by Network Rail in the invoice, notice must be given to Network Rail not later than five (5) Working Days before the due date for payment under clause 15.2. The notice shall state the amount to be withheld, the basis on which that amount is calculated and the grounds for withholding payment. Unless such notification to withhold payment has been received from the Customer, the amount to be paid is that stated in the invoice which shall become due in accordance with clause 15.2. 15.4 Should any invoice not be paid by the due date for payment in accordance with clause 15.2 (except in respect of any amount determined not to be payable pursuant to clause 24), interest shall be payable on the amount due calculated from the due date for payment up to and including the actual date of payment at the Interest Rate. 15.5 The Customer will not be liable for Network Rail Costs for any part of the Works and Services which have already been included in Network Rail's business plan and approved for the Project by Network Rail's Board prior to the Commencement Date, or in respect of Network Rail Costs of any Variation, the date of agreement of such Variation. 2021