Common use of Network Rail’s right to terminate Clause in Contracts

Network Rail’s right to terminate. Network Rail may serve a Termination Notice on Nexus:- (1) where Nexus fails to comply with any material restriction in a Suspension Notice; (2) where Nexus fails to comply with its obligations under Clause 9.3(E)(3)(a) within the grace period referred to in Clause 9.3(B)(5); (3) where the Nexus Event of Default described in Clause 9.2(A)(1) has occurred and has continued for more than 28 days; (4) where the Nexus Event of Default specified in a Suspension Notice served by Network Rail is not capable of being remedied, is not rectified in accordance with Clause 9.3(E)(4) and three months have elapsed from the service of the said Suspension Notice, provided always that Network Rail may only serve a Termination Notice on Nexus where the basis for the Termination Notice is an Event of Default as described in Clause 9.2(A)(2) or Clause 9.2(A)(4) if that Event of Default has occurred and is continuing.