Common use of Notification by Network Rail Clause in Contracts

Notification by Network Rail. Network Rail shall, within 5 Working Days of the service of the Information Request by the Freight Customer, notify the Freight Customer of: the specific information which it is able to provide within the suggested timescale; any information which it is not able to provide within the suggested timescale and its alternative timescale for the provision of such information; and any information which it is not able to provide at all, giving reasons for such non-provision. Following notification by Network Rail pursuant to paragraphs 3.1(b) or (c), if the parties fail to agree on the information to be provided by Network Rail in response to the Information Request and the timescales for the provision of such information within 5 Working Days of such notification by Network Rail those issues shall be resolved in accordance with the ADRR. The parties to any dispute referred under paragraph 3.2 above shall agree in a Procedure Agreement, as defined in the ADRR, that the relevant ADRR Forum which is to resolve the dispute shall: reach a decision which is fair and reasonable; have regard to: the reasonableness of the Freight Customer's request for the specific information; and the reasonable timescale for the provision of the information in the Information Request; not make a determination which is inconsistent with the provisions of the Network Code; and provide reasons.

Notification by Network Rail. Network Rail shall, within 5 Working Days of the service of the Information Request by the Freight CustomerTrain Operator, notify the Freight Customer Train Operator of: the specific information which it is able to provide within the suggested timescale; any information which it is not able to provide within the suggested timescale and its alternative timescale for the provision of such information; and any information which it is not able to provide at all, giving reasons for such non-provision. Following notification by Network Rail pursuant to paragraphs 3.1(b) or (c), if the parties fail to agree on the information to be provided by Network Rail in response to the Information Request and the timescales for the provision of such information within 5 Working Days of such notification by Network Rail Rail, those issues shall be resolved in accordance with the ADRR. The parties to any dispute referred under paragraph 3.2 above shall agree in a Procedure Agreement, as defined in the ADRR, that the relevant ADRR Forum which is to resolve the dispute shall: reach a decision which is fair and reasonable; have regard to: the reasonableness of the Freight Customer's Train Operator’s request for the specific information; and the reasonable timescale for the provision of the information in the Information Request; not make a determination which is inconsistent with the provisions of the Network Code; and provide reasons.