Network Rail performance Sample Clauses

Network Rail performance.Β 3.1 The performance minutes allocated to Network Rail in respect of any Planned Service (the "NR Performance Minutes") shall be equal to the sum of: (a) the number of Minutes Delay caused to that Planned Service by one or more Service Incidents for which Network Rail is allocated responsibility under paragraphs 2.6(b) and 6.3; and/or (b) 50% of the number of Minutes Delay caused to that Planned Service by one or more Service Incidents for which Network Rail is allocated joint responsibility with the Train Operator under paragraph 6.5. 3.2.1 The NR Performance Minutes shall be converted into a per 100 Train Operator Miles figure (the 𝐴𝑑𝑗𝑒𝑠𝑑𝑒𝑑 𝑁𝑅 π‘ƒπ‘’π‘Ÿπ‘“π‘œπ‘Ÿπ‘šπ‘Žπ‘›π‘π‘’ 𝑀𝑖𝑛𝑒𝑑𝑒𝑠 = 𝑁𝑅 π‘ƒπ‘’π‘Ÿπ‘“π‘œπ‘Ÿπ‘šπ‘Žπ‘›π‘π‘’ 𝑀𝑖𝑛𝑒𝑑𝑒𝑠 3.2.2 The Adjusted NR Performance Minutes calculated in accordance with paragraph 3.2.1 shall then be compared with the NRB and: (a) if the Adjusted NR Performance Minutes figure is less than NRB, the Train Operator shall be liable to Network Rail for a Performance Sum equal to:
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Network Rail performance.Β 3.1 The performance minutes allocated to Network Rail in respect of any Planned Service (the "NR Performance Minutes") shall be equal to the sum of: (a) the number of Minutes Delay caused to that Planned Service by one or more Service Incidents for which Network Rail is allocated responsibility under paragraphs 2.6(b) and 6.3; and/or (b) 50% of the number of Minutes Delay caused to that Planned Service by one or more Service Incidents for which Network Rail is allocated joint responsibility with the Train Operator under paragraph 6.5. 3.2.1 The NR Performance Minutes shall be converted into a per 100 Train Operator Miles figure (the 𝐴𝑑𝐴𝐴𝑒𝑠𝑑𝑒𝑑 𝑁𝑅 π‘ƒπ‘’π‘Ÿπ‘“π‘œπ‘Ÿπ‘šπ‘Žπ‘›π‘π‘’ 𝑀𝑖𝑛𝑒𝑑𝑒𝑠 = 𝑁𝑅 π‘ƒπ‘’π‘Ÿπ‘“π‘œπ‘Ÿπ‘šπ‘Žπ‘›π‘π‘’ 𝑀𝑖𝑛𝑒𝑑𝑒𝑠 3.2.2 The Adjusted NR Performance Minutes calculated in accordance with paragraph 3.2.1 shall then be compared with the NRB and: (a) if the Adjusted NR Performance Minutes figure is less than NRB, the Train Operator shall be liable to Network Rail for a Performance Sum equal to: ((𝑁𝑅𝐡 βˆ’ π‘‘β„Žπ‘’ 𝐴𝑑𝐴𝐴𝑒𝑠𝑑𝑒𝑑 𝑁𝑅 π‘ƒπ‘’π‘Ÿπ‘“π‘œπ‘Ÿπ‘šπ‘Žπ‘›π‘π‘’ 𝑀𝑖𝑛𝑒𝑑𝑒𝑠) Γ— π‘π‘’π‘‘π‘€π‘œπ‘Ÿπ‘˜ π‘…π‘Žπ‘–π‘™ π‘ƒπ‘Žπ‘¦π‘šπ‘’π‘›π‘‘ π‘…π‘Žπ‘‘π‘’) Γ— (𝐢𝑃𝐢𝑀) where: CPCM means the total number of Train Miles operated by the Train Operator in the relevant Period; (b) if the Adjusted NR Performance Minutes figure exceeds NRB, Network Rail shall be liable to the Train Operator for a Performance Sum equal to: ((π‘‘β„Žπ‘’ 𝐴𝑑𝐴𝐴𝑒𝑠𝑑𝑒𝑑 𝑁𝑅 π‘ƒπ‘’π‘Ÿπ‘“π‘œπ‘Ÿπ‘šπ‘Žπ‘›π‘π‘’ 𝑀𝑖𝑛𝑒𝑑𝑒𝑠 βˆ’ 𝑁𝑅𝐡) Γ— π‘π‘’π‘‘π‘€π‘œπ‘Ÿπ‘˜ π‘…π‘Žπ‘–π‘™ π‘ƒπ‘ŽοΏ½οΏ½π‘šπ‘’π‘›π‘‘ π‘…π‘Žπ‘‘π‘’) Γ— (𝐢𝑃𝐢𝑀) where CPCM has the meaning ascribed to it in paragraph 3.2.2(a); and (c) if the Adjusted NR Performance Minutes figure is equal to NRB, neither party shall be liable to the other for a Performance Sum under this paragraph 3.2. 3.3 In the event of a Planned Service Cancellation for which Network Rail is allocated responsibility under paragraphs 2.6(b) and/or 6.3, Network Rail shall, in respect of that Planned Service be liable to pay to the Train Operator (in substitution for and to the exclusion of any liability under paragraph 3.4) the Network Rail Cancellation Sum. In the event of a Planned Service Cancellation for which Network Rail is allocated joint responsibility under paragraph 6.5, then in respect of that Planned Service Network Rail shall be liable to pay to the Train Operator (in substitution for and to the exclusion of any liability under paragraph 3.4)
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Network Rail performance.Β 3.1 The performance minutes allocated to Network Rail in respect of any Planned Service (the "NR Performance Minutes") shall be equal to the sum of: (a) the number of Minutes Delay caused to that Planned Service by one or more Service Incidents for which Network Rail is allocated responsibility under paragraphs 2.6(b) and 6.3; and/or (b) 50% of the number of Minutes Delay caused to that Planned Service by one or more Service Incidents for which Network Rail is allocated joint responsibility with the Train Operator under paragraph 6.5. 3.2.1 The NR Performance Minutes shall be converted into a per 100 Train Operator Miles figure (the = 3.2.2 The Adjusted NR Performance Minutes calculated in accordance with paragraph 3.2.1 shall then be compared with the NRB and: (a) if the Adjusted NR Performance Minutes figure is less than NRB, the Train Operator shall be liable to Network Rail for a Performance Sum equal to: (( βˆ’ β„Ž ) Γ— ) Γ— () where: CPCM means the total number of Train Miles operated by the Train Operator in the relevant Period; (b) if the Adjusted NR Performance Minutes figure exceeds NRB, Network Rail shall be liable to the Train Operator for a Performance Sum equal to: ((β„Ž βˆ’ ) Γ— ) Γ— () (c) if the Adjusted NR Performance Minutes figure is equal to NRB, neither party shall be liable to the other for a Performance Sum under this paragraph 3.2.
Sample 1Sample 2Sample 3
Network Rail performance.Β 3.1 The performance minutes allocated to Network Rail in respect of any Planned Service (the "NR Performance Minutes") shall be equal to the sum of: (a) the number of Minutes Delay caused to that Planned Service by one or more Service Incidents for which Network Rail is allocated responsibility under paragraphs 2.6(b) and 6.3; and/or (b) 50% of the number of Minutes Delay caused to that Planned Service by one or more Service Incidents for which Network Rail is allocated joint responsibility with the Train Operator under paragraph 6.5. 3.2.1 The NR Performance Minutes shall be converted into a per 100 Train Operator Miles figure (the = 3.2.2 The Adjusted NR Performance Minutes calculated in accordance with paragraph 3.2.1 shall then be compared with the NRB and: (a) if the Adjusted NR Performance Minutes figure is less than NRB, the Train Operator shall be liable to Network Rail for a Performance Sum equal to: (( βˆ’ β„Ž ) Γ— ) Γ— () where: CPCM means the total number of Train Miles operated by the Train Operator in the relevant Period; (b) if the Adjusted NR Performance Minutes figure exceeds NRB, Network Rail shall be liable to the Train Operator for a Performance Sum equal to: ((β„Ž βˆ’ ) Γ— ) Γ— () where CPCM has the meaning ascribed to it in paragraph 3.2.2(a); and (c) if the Adjusted NR Performance Minutes figure is equal to NRB, neither party shall be liable to the other for a Performance Sum under this paragraph 3.2. 3.3 In the event of a Planned Service Cancellation for which Network Rail is allocated responsibility under paragraphs 2.6(b) and/or 6.3, Network Rail shall, in respect of that Planned Service be liable to pay to the Train Operator (in substitution for and to the exclusion of any liability under paragraph 3.4) the Network Rail Cancellation Sum. In the event of a Planned Service Cancellation for which Network Rail is allocated joint responsibility under paragraph 6.5, then in respect of that Planned Service Network Rail shall be liable to pay to the Train Operator (in substitution for and to the exclusion of any liability under paragraph 3.4)
Sample 1
Network Rail performance.Β 3.1 The performance minutes allocated to Network Rail in respect of any Planned Service (the "NR Performance Minutes") shall be equal to the sum of: (a) the number of Minutes Delay caused to that Planned Service by one or more Service Incidents for which Network Rail is allocated responsibility under paragraphs 2.6(b) and 6.3; and/or (b) 50% of the number of Minutes Delay caused to that Planned Service by one or more Service Incidents for which Network Rail is allocated joint responsibility with the Train Operator under paragraph 6.5. 3.2.1 The NR Performance Minutes shall be converted into a per 100 Train Operator Miles figure (the 𝐴𝑑𝐴𝐴𝑒𝑠𝑑𝑒𝑑 𝑁𝑅 π‘ƒπ‘’π‘Ÿπ‘“π‘œπ‘Ÿπ‘šπ‘Žπ‘›π‘π‘’ 𝑀𝑖𝑛𝑒𝑑𝑒𝑠 = 𝑁𝑅 π‘ƒπ‘’π‘Ÿπ‘“π‘œπ‘Ÿπ‘šπ‘Žπ‘›π‘π‘’ 𝑀𝑖𝑛𝑒𝑑𝑒𝑠 3.2.2 The Adjusted NR Performance Minutes calculated in accordance with paragraph 3.2.1 shall then be compared with the NRB and: (a) if the Adjusted NR Performance Minutes figure is less than NRB, the Train Operator shall be liable to Network Rail for a Performance Sum equal to: ((𝑁𝑅𝐡 βˆ’ π‘‘β„Žπ‘’ 𝐴𝑑𝐴𝐴𝑒𝑠𝑑𝑒𝑑 𝑁𝑅 π‘ƒπ‘’π‘Ÿπ‘“π‘œπ‘Ÿπ‘šπ‘Žπ‘›π‘π‘’ 𝑀𝑖𝑛𝑒𝑑𝑒𝑠) Γ— π‘π‘’π‘‘π‘€π‘œπ‘Ÿπ‘˜ π‘…π‘Žπ‘–π‘™ π‘ƒπ‘Žπ‘¦π‘šπ‘’π‘›π‘‘ π‘…π‘Žπ‘‘π‘’) Γ— (𝐢𝑃𝐢𝑀) where: CPCM means the total number of Train Miles operated by the Train Operator in the relevant Period; (b) if the Adjusted NR Performance Minutes figure exceeds NRB, Network Rail shall be liable to the Train Operator for a Performance Sum equal to: ((π‘‘β„Žπ‘’ 𝐴𝑑𝐴𝐴𝑒𝑠𝑑𝑒𝑑 𝑁𝑅 π‘ƒπ‘’π‘Ÿπ‘“π‘œπ‘Ÿπ‘šπ‘Žπ‘›π‘π‘’ 𝑀𝑖𝑛𝑒𝑑𝑒𝑠 βˆ’ 𝑁𝑅𝐡) Γ— π‘π‘’π‘‘π‘€π‘œπ‘Ÿπ‘˜ π‘…π‘Žπ‘–π‘™ π‘ƒπ‘Žπ‘¦π‘šπ‘’π‘›π‘‘ π‘…π‘Žπ‘‘π‘’) Γ— (𝐢𝑃𝐢𝑀)
Sample 1

Related to Network Rail performance

  • Continuing Performance (a) The obligations under this Agreement continue until satisfied in full and do not merge with any action performed or document executed by any Party for the purposes of performance of this Agreement. (b) Any representation in this Agreement survives the execution of any document for the purposes of, and continues after, performance of this Agreement. (c) Any indemnity given by any Party under this Agreement: (i) constitutes a liability of that Party separate and independent from any other liability of that Party under this Agreement or any other agreement; and (ii) survives and continues after performance of this Agreement.

  • Excused Performance 6.1 Notwithstanding the occurrence of a Force Majeure Event, in which case Clause 17 will govern, BT will not be liable for any failure or delay to perform any of its obligations under this Agreement (including any of its obligations to meet any Service Levels) to the extent that BT’s failure or delay in performing arises as a result of: 6.1.1 any failure or delay by the Customer to perform any of the Customer’s obligations under this Agreement; 6.1.2 any act or omission other than on the part of a BT Affiliate or a subcontractor or supplier appointed by it unless that BT Affiliate, subcontractor or supplier has invoked their force majeure rights under their contract with BT; or 6.1.3 Applicable Law, a court order, an application for interlocutory relief or injunction restricting or preventing BT from supplying a Service.

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