Common use of Notification, Disruption Claim Notices and Actual Costs Claim Notices Clause in Contracts

Notification, Disruption Claim Notices and Actual Costs Claim Notices. The Train Operator shall notify Network Rail of any Network Rail Early Notice Possession that it reasonably considers is likely to give rise to any Combined Network Category 3 Disruption as soon as reasonably practicable after it has been notified of such Network Rail Early Notice Possession. The Train Operator must notify Network Rail of any Combined Network Category 1 Disruption, Combined Network Category 2 Disruption or Combined Network Category 3 Disruption, unless otherwise agreed in writing, within 56 days of its occurrence and include within such notice details of the affected Combined Network Base Services and the Planned Disruption Sums claimed (a "Disruption Claim Notice"). In respect of a claim for Actual Costs for Combined Network Category 3 Disruptions relating to a single Combined Network Early Notice Possession, the Train Operator shall, unless otherwise agreed in writing, serve a claim on Network Rail: no later than the day falling 56 days after the end of the occurrence of the Network Rail Early Notice Possession giving rise to a Combined Network Category 3 Disruption; or where a Combined Network Early Notice Possession is reasonably believed to have exceeded 13 consecutive Charging Periods in length or upon the termination or expiry of this contract, whichever comes first, no later than the day falling 112 days after the end of the 13th consecutive Charging Period or the termination or expiry of this contract (as applicable), whichever is the earlier, and such claim must include details of the estimate of the Actual Costs which are attributable to all relevant Combined Network Category 3 Disruptions triggered by the relevant Network Rail Early Notice Possession (an "Actual Costs Claim Notice"). Nothing in paragraph 3.4.3 shall prevent the Train Operator from issuing more than one Actual Costs Claim Notice in respect of the same Network Rail Early Notice Possession, provided that: each such Actual Costs Claim Notice relates to a different period covered by the relevant Network Rail Early Notice Possession; and no Actual Costs Claim Notice can be issued after the last day for serving notice specified under paragraph 3.4.3.

Appears in 3 contracts

Samples: www.orr.gov.uk, www.orr.gov.uk, www.orr.gov.uk

AutoNDA by SimpleDocs

Notification, Disruption Claim Notices and Actual Costs Claim Notices. The Train Operator shall notify Network Rail of any Network Rail Early Notice Possession that it reasonably considers is likely to give rise to any Combined Network Category 3 Disruption as soon as reasonably practicable after it has been notified of such Network Rail Early Notice Possession. The Train Operator must notify Network Rail of any Combined Network Category 1 Disruption, Combined Network Category 2 Disruption or Combined Network Category 3 Disruption, unless otherwise agreed in writing, within 56 days of its occurrence and include within such notice details of the affected Combined Network Base Services and the Planned Disruption Sums claimed (a "Disruption Claim Notice"). In respect of a claim for Actual Costs for Combined Network Category 3 Disruptions relating to a single Combined Network Early Notice Possession, the Train Operator shall, unless otherwise agreed in writing, serve a claim on Network Rail: no later than the day falling 56 days after the end of the occurrence of the Network Rail Early Notice Possession giving rise to a Combined Network Category 3 Disruption; or where a Combined Network Early Notice Possession is reasonably believed to have exceeded 13 consecutive Charging Periods in length or upon the termination or expiry of this contract, whichever comes first, no later than the day falling 112 days after the end of the 13th consecutive Charging Period or the termination or expiry of this contract (as applicable), whichever is the earlier, and such claim must include details of the estimate of the Actual Costs which are attributable to all relevant Combined Network Category 3 Disruptions triggered by the relevant Network Rail Early Notice Possession (an "Actual Costs Claim Notice"). Nothing in paragraph 3.4.3 shall prevent the Train Operator from issuing more than one Actual Costs Claim Notice in respect of the same Network Rail Early Notice Possession, provided that: each such Actual Costs Claim Notice relates to a different period covered by the relevant Network Rail Early Notice Possession; and no Actual Costs Claim Notice can be issued after the last day for serving notice specified under paragraph 3.4.3.and

Appears in 2 contracts

Samples: www.orr.gov.uk, www.orr.gov.uk

AutoNDA by SimpleDocs

Notification, Disruption Claim Notices and Actual Costs Claim Notices. The Train Operator shall notify Network Rail the CVL IM of any Network Rail CVL IM Early Notice Possession that it reasonably considers is likely to give rise to any Combined Network Category 3 Disruption as soon as reasonably practicable after it has been notified of such Network Rail CVL IM Early Notice Possession. The Train Operator must notify Network Rail the CVL IM of any Combined Network Category 1 Disruption, Combined Network Category 2 Disruption or Combined Network Category 3 Disruption, unless otherwise agreed in writing, within 56 days of its occurrence and include within such notice details of the affected Combined Network Base Services and the Planned Disruption Sums claimed (a "Disruption Claim Notice"). In respect of a claim for Actual Costs for Combined Network Category 3 Disruptions relating to a single Combined Network Early Notice Possession, the Train Operator shall, unless otherwise agreed in writing, serve a claim on Network Railthe CVL IM: no later than the day falling 56 days after the end of the occurrence of the Network Rail CVL IM Early Notice Possession giving rise to a Combined Network Category 3 Disruption; or where a Combined Network an Early Notice Possession is reasonably believed to have exceeded 13 consecutive Charging Periods in length or upon the termination or expiry of this contract, whichever comes first, no later than the day falling 112 days after the end of the 13th consecutive Charging Period or the termination or expiry of this contract (as applicable), whichever is the earlier, and such claim must include details of the estimate of the Actual Costs which are attributable to all relevant Combined Network Category 3 Disruptions triggered by the relevant Network Rail CVL IM Early Notice Possession (an "Actual Costs Claim Notice"). Nothing in paragraph 3.4.3 shall prevent the Train Operator from issuing more than one Actual Costs Claim Notice in respect of the same Network Rail CVL IM Early Notice Possession, provided that: each such Actual Costs Claim Notice relates to a different period covered by the relevant Network Rail CVL IM Early Notice Possession; and no Actual Costs Claim Notice can be issued after the last day for serving notice specified under paragraph 3.4.3.and

Appears in 2 contracts

Samples: trc.cymru, tfwrail.wales

Time is Money Join Law Insider Premium to draft better contracts faster.