Common use of Non-availability of a Service Clause in Contracts

Non-availability of a Service. This paragraph 5 applies if, for any reason other than: (a) a Restriction of Use to be taken pursuant to the Engineering Access Statement which has been notified in all material respects prior to the Possession Notice Date; and (b) the circumstances envisaged by paragraph 4, Network Rail nominates that any part of the Network will not be available for a Planned Service to operate at the Planned time and such non-availability is: (i) Attributable to Network Rail (as defined in Schedule 8); and (ii) known about in sufficient time for an alternative Service to be the subject of a Train Operator Variation Request and entered into the Working Timetable as a new Planned Service.

Non-availability of a Service. This paragraph 5 applies if, for any reason other than: (a) a Restriction of Use to be taken pursuant to the Metro Engineering Access Statement which has been notified in all material respects prior to the Possession Notice Date; and (b) the circumstances envisaged by paragraph 4, Network Rail Nexus nominates that any part of the Metro Shared Network will not be available for a Planned Service to operate at the Planned time and such non-availability is: (i) Attributable to Network Rail Nexus (MSN) (as defined in Schedule 8); and (ii) known about in sufficient time for an alternative Service to be the subject of a Train Operator Variation Request and entered into the Working Timetable as a new Planned Service.