Obligation on Train Operator to pay. In respect of each Charging Period, the Train Operator shall pay or procure payment of: the Track Charges; and where the Network Rail TAC (Freight Services) does not apply pursuant to paragraph 1A of Schedule 8, the Incident Cap Access Charge Supplement, to the CVL IM or its nominee. The charges will be rounded to the nearest xxxxx. Where a calculation ends up exactly half way between whole numbers it will be adjusted upward. No Track Charges shall be payable by the Train Operator in respect of a Train Slot when the train has not reached its Planned Destination for a reason which: is Attributable to Network Rail (as defined in the Network Rail TAC (Freight Services)) insofar as it relates to the CVL, where the Network Rail TAC (Freight Services) applies pursuant to paragraph 1A of Schedule 8; or is Attributable to the CVL IM, where the Network Rail TAC (Freight Services) does not apply pursuant to paragraph 1A of Schedule 8. The CVL IM or its nominee shall issue to the Train Operator an invoice as soon as practicable, or as otherwise agreed, following the expiry of each Charging Period in respect of the Track Charges and Incident Cap Access Charge Supplement (if applicable) which are payable in respect of that Charging Period.
Appears in 2 contracts
Samples: Track Access Contract, Track Access Contract
Obligation on Train Operator to pay. 2.1.1 In respect of each Charging Period, the Train Operator shall pay or procure payment of: :
(a) the Track Charges; and and
(b) where the Network Rail TAC (Freight Services) does not apply pursuant to paragraph 1A of Schedule 8, the Incident Cap Access Charge Supplement, to the CVL IM or its nominee. The charges will be rounded to the nearest xxxxx. Where a calculation ends up exactly half way between whole numbers it will be adjusted upward. .
2.1.2 No Track Charges shall be payable by the Train Operator in respect of a Train Slot when the train has not reached its Planned Destination for a reason which: :
(a) is Attributable to Network Rail (as defined in the Network Rail TAC (Freight Services)) insofar as it relates to the CVL, where the Network Rail TAC (Freight Services) applies pursuant to paragraph 1A of Schedule 8; or or
(b) is Attributable to the CVL IM, where the Network Rail TAC (Freight Services) does not apply pursuant to paragraph 1A of Schedule 8. .
2.1.3 The CVL IM or its nominee shall issue to the Train Operator an invoice as soon as practicable, or as otherwise agreed, following the expiry of each Charging Period in respect of the Track Charges and Incident Cap Access Charge Supplement (if applicable) which are payable in respect of that Charging Period.
Appears in 2 contracts
Samples: Track Access Contract, Track Access Contract