Common use of Network Rail Responsibility Incidents Clause in Contracts

Network Rail Responsibility Incidents. Responsibility for Minutes Delay and Cancelled Stops on a day caused by incidents for which Network Rail is allocated responsibility pursuant to this paragraph 5.2 shall be allocated to Network Rail. Unless and to the extent otherwise agreed, Network Rail shall be allocated responsibility for an incident other than a Planned Incident if that incident is caused wholly or mainly: (a) by breach by Network Rail of any of its obligations under this Agreement; or (b) (whether or not Network Rail is at fault) by circumstances within the control of Network Rail in its capacity as operator of the Network; or (c) (whether or not Network Rail is at fault) by any act, omission or circumstance originating from or affecting the Network (including its operation), including, subject to paragraph 5.3(b)(i), any incident in connection with rolling stock on the Network for which any train operator other than Nexus would be allocated responsibility if it were Nexus under this Agreement.