Common use of Nexus Responsibility Incidents Clause in Contracts

Nexus Responsibility Incidents. Responsibility for Minutes Delay and Cancelled Stops on a day caused by incidents for which Nexus is allocated responsibility pursuant to this paragraph 5.3 shall be allocated to Nexus. Unless and to the extent otherwise agreed, Nexus shall be allocated responsibility for an incident other than a Planned Incident if that incident: (a) is caused wholly or mainly: (i) by breach by Nexus of any of its obligations under this Agreement; or (ii) (whether or not Nexus is at fault) by circumstances within the control of Nexus in its capacity as an operator of trains; or (iii) (whether or not Nexus is at fault) by any act, omission or circumstance originating from or affecting rolling stock operated by or on behalf of Nexus (including its operation), including any such act, omission or circumstance originating in connection with or at any station (other than in connection with signalling under the control of Network Rail at that station or physical works undertaken by Network Rail at that station), any light maintenance depot or any network other than the Network; or (b) causes delay to: (i) rolling stock operated by or on behalf of another train operator which is delayed in entering or leaving the Network due to any act, omission or circumstance originating in connection with a light maintenance depot or network other than the Network and, as a result of that delay, rolling stock operated by or on behalf of Nexus which is scheduled to leave or enter the Network at the connection with that light maintenance depot or other network is then delayed behind the first mentioned rolling stock; or (ii) the commencement of a Train’s journey, which is caused by the late running for any reason whatever of any rolling stock included in that Train when that rolling stock is operated by or on behalf of another train operator. Notwithstanding the foregoing and the other provisions of this paragraph 5 and Appendix 1, no Cancelled Stops shall be allocated to Nexus where a Train is cancelled on network other than the Network and such cancellation does not affect the operation of Trains or the services of any other train operator on the Network.