Obligation to use all reasonable endeavours. 9.1 Any obligation in this Schedule 1.2 on the part of the Operator to use all reasonable endeavours to operate railway passenger services shall include an obligation to: (a) ensure (so far as it is able to do so) the provision of the Passenger Services as set out in the Plan of the Day in ordinary operating conditions; (b) take reasonable measures to avoid and/or reduce the impact of any disruption to the Concession Services having regard to all the circumstances, including the reasonably foreseeable risks arising from the matters referred to in paragraph 9.2; and (c) actively manage the performance by the Infrastructure Managers of their respective contractual relationships with the Operator (and provide appropriate management resources for this purpose) so as to secure the best performance reasonably obtainable from the Infrastructure Managers by these means (including taking the steps referred to in paragraph 9.4), having regard to all the circumstances. 9.2 The matters to which the Operator is to have regard pursuant to paragraph 9.1(b) shall include: (a) variations in weather and operating conditions (including any Infrastructure Manager’s infrastructure not being available for any reason), which may in either case include seasonal variations; (b) default by, or restrictions imposed by, suppliers to the Operator; (c) shortages of appropriately skilled or qualified Concession Employees; (d) disputes with Concession Employees; (e) the availability of the Train Fleet, having regard to maintenance requirements and any Mandatory Modifications; (f) establishing reasonable Turnaround Time allowances for enabling or disabling (as appropriate) any part of a train, the rostering of any train crew and the servicing or cleaning of any rolling stock vehicles consistently with the requirements of the KPI Regime; and (g) failures of rolling stock vehicles in service and contingency arrangements (including Hot Standbys and rescue traction). 9.3 For the purpose of taking measures in respect of any disruption to the Concession Services in accordance with paragraph 9.1(b) and assessing the extent of any risk referred to in paragraph 9.1(b) and any such risk’s reasonable forseeability, regard shall be had both: (a) to the historical levels of incidence of disruption in the operation of: (i) the Concession Services; (ii) similar services both by the Operator and/or its predecessors; and (iii) other services of a type similar to the Concession Services; and (b) to potential changes in circumstances which may affect those levels. 9.4 The steps to which paragraph 9.1(c) refers include: (a) co-operating with Network Rail in the development, agreement and implementation of: (i) Joint Performance Improvement Plans; and (ii) recovery plans in response to failures to achieve the performance levels specified in any Joint Performance Improvement Plans; (b) co-operating with any Infrastructure Manager in adopting the principles set out in any Service Recovery Plans agreed between that Infrastructure Manager and the Operator from time to time; (c) undertaking a weekly review of: (i) the ten most common causes of delay to the Passenger Services; and (ii) the ten causes of delay to the Passenger Services with the longest duration (to the extent not already reviewed in accordance with paragraph 9.4(c)(i)), which have occurred during that week and which have been caused by the Operator, any other Train Operator or Network Rail; (d) undertaking with each Infrastructure Manager a review of the time taken to recover the Passenger Services following the occurrence of any of the events specified in paragraphs 9.4(c)(i) and (c)(ii) and seeking to identify and implement actions that reduce the delay effect of such events; (e) setting up and holding regular and effective performance review meetings with each Infrastructure Manager, evidenced by meeting minutes and the closure of actions agreed between the parties; (f) regularly monitoring (at least every Reporting Period) the delivery of local output commitments made by Network Rail and using reasonable endeavours to specify and develop such local output commitments; (g) as and when required by each Infrastructure Manager, co-operating with that Infrastructure Manager in improving the accuracy of future timetables by providing access to trains, other facilities and/or information; (h) co-operating with each Infrastructure Manager other delay management initiatives, including the use of virtual general managers and, where appropriate, the establishment of integrated control centres; (i) regularly reviewing (at least every Reporting Period) the imposition and clearance of temporary speed restrictions; (j) regularly reviewing (at least every Reporting Period) the timely and efficient handover and hand-back of possessions; and (k) where appropriate and where any Infrastructure Manager fails to perform its obligations under the relevant Track Access Agreement, enforcing the Operator’s rights under such Track Access Agreement. 9.5 The Operator undertakes to reasonably co-operate with each Infrastructure Manager with regard to each such Infrastructure Manager’s management of its own network, including in relation to Network Rail, the establishment of up to date Rules of the Plan. 9.6 To the extent not already provided for in this Agreement, the Operator shall use all reasonable endeavours to ensure the performance by each Infrastructure Manager of each such Infrastructure Manager’s respective obligations under any relevant agreement including, where appropriate or where requested by RfL, enforcing its rights against any such Infrastructure Manager under any such agreement. 9.7 When and to the extent reasonably requested by RfL, the Operator shall provide to RfL evidence of the steps taken by it in order to comply with its obligations under this paragraph 9.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Obligation to use all reasonable endeavours. 9.1 Any obligation in this Schedule 1.2 on the part of the Operator Franchisee to use all reasonable endeavours to operate railway passenger services shall include an obligation to:
(a) ensure (so far as it is able to do so) the provision of the Passenger Services as set out in the Plan of the Day in ordinary operating conditions;
(b) take reasonable measures to avoid and/or reduce the impact of any disruption to the Concession Franchise Services having regard to all the circumstances, including the reasonably foreseeable risks arising from the matters referred to in paragraph 9.2; and
(c) actively manage the performance by the Infrastructure Managers Network Rail of their respective its contractual relationships relationship with the Operator Franchisee (and provide appropriate management resources for this purpose) so as to secure the best performance reasonably obtainable from the Infrastructure Managers Network Rail by these means (including taking the steps referred to in paragraph 9.4), having regard to all the circumstances.
9.2 The matters to which the Operator Franchisee is to have regard pursuant to paragraph 9.1(b) shall include:
(a) variations in weather and operating conditions (including any Infrastructure ManagerNetwork Rail’s infrastructure not being available for any reason), which may in either case include seasonal variations;
(b) default by, or restrictions imposed by, suppliers to the OperatorFranchisee;
(c) shortages of appropriately skilled or qualified Concession Franchise Employees;
(d) disputes with Concession Franchise Employees;
(e) the availability of the Train Fleet, having regard to maintenance requirements and any Mandatory Modifications;
(f) establishing reasonable Turnaround Time allowances for enabling or disabling (as appropriate) any part of a train, the rostering of any train crew and the servicing or cleaning of any rolling stock vehicles consistently in accordance with the requirements of the KPI Regimecurrent Train Presentation Specification Standard; and
(g) failures of rolling stock vehicles in service and contingency arrangements (including Hot Standbys and rescue traction).
9.3 For the purpose of taking measures in respect of any disruption to the Concession Franchise Services in accordance with paragraph 9.1(b) and assessing the extent of any risk referred to in paragraph 9.1(b) and any such risk’s reasonable forseeability, regard shall be had both:
(a) to the historical levels of incidence of disruption in the operation of:
(i) the Concession Franchise Services;
(ii) similar services both by the Operator Franchisee and/or its predecessors; and
(iii) other services of a type similar to the Concession Franchise Services; and
(b) to potential changes in circumstances which may affect those levels.
9.4 The steps to which paragraph 9.1(c) refers include:
(a) co-operating with Network Rail in the development, agreement and implementation of:
(i) Joint Performance Improvement Plans; and
(ii) recovery plans in response to failures to achieve the performance levels specified in any Joint Performance Improvement Plans;
(b) co-operating with any Infrastructure Manager Network Rail in adopting the principles set out in any Service Recovery Plans agreed between that Infrastructure Manager Network Rail and the Operator Franchisee from time to time;
(c) undertaking a weekly review of:
(i) the ten most common causes of delay to the Passenger Services; and
(ii) the ten causes of delay to the Passenger Services with the longest duration (to the extent not already reviewed in accordance with paragraph 9.4(c)(i)), which have occurred during that week and which have been caused by the OperatorFranchisee, any other Train Operator or Network Rail;
(d) undertaking with each Infrastructure Manager Network Rail a review of the time taken to recover the Passenger Services following the occurrence of any of the events specified in paragraphs 9.4(c)(i) and (c)(ii) and seeking to identify and implement actions that reduce the delay effect of such events;
(e) setting up and holding regular and effective performance review meetings with each Infrastructure ManagerNetwork Rail, evidenced by meeting minutes and the closure of actions agreed between the parties;
(f) regularly monitoring (at least every Reporting Period) the delivery of local output commitments made by Network Rail and using reasonable endeavours to specify and develop such local output commitments;
(g) as and when required by each Infrastructure ManagerNetwork Rail, co-operating with that Infrastructure Manager Network Rail in improving the accuracy of future timetables by providing access to trains, other facilities and/or information;
(h) co-operating with each Infrastructure Manager Network Rail in other delay management initiatives, including the use of virtual general managers and, where appropriate, the establishment of integrated control centres;
(i) regularly reviewing (at least every Reporting Period) the imposition and clearance of temporary speed restrictions;
(j) regularly reviewing (at least every Reporting Period) the timely and efficient handover and hand-back of possessions; and
(k) where appropriate and where any Infrastructure Manager Network Rail fails to perform its obligations under the relevant Track Access Agreement, enforcing the OperatorFranchisee’s rights under such Track Access Agreement.
9.5 The Operator Franchisee undertakes to reasonably co-operate with each Infrastructure Manager Network Rail with regard to each such Infrastructure ManagerNetwork Rail’s management of its own the network, including in relation to Network Rail, the establishment of up to date Rules of the Plan.
9.6 To the extent not already provided for in this the Franchise Agreement, the Operator Franchisee shall use all reasonable endeavours to ensure the performance by each Infrastructure Manager Network Rail of each such Infrastructure Manager’s respective its obligations under any relevant agreement including, where appropriate or where requested by RfLthe Secretary of State, enforcing its rights against any such Infrastructure Manager Network Rail under any such agreement.
9.7 When and to the extent reasonably requested by RfLthe Secretary of State, the Operator Franchisee shall provide to RfL the Secretary of State evidence of the steps taken by it in order to comply with its obligations under this paragraph 9.
Appears in 1 contract
Samples: Franchise Agreement
Obligation to use all reasonable endeavours. 9.1 Any obligation in this Schedule 1.2 on the part of the Operator Franchisee to use all reasonable endeavours to operate railway passenger services shall include an obligation to:
(a) ensure (so far as it is able to do so) the provision of the Passenger Services as set out in the Plan of the Day in ordinary operating conditions;
(b) take reasonable measures to avoid and/or reduce the impact of any disruption to the Concession Franchise Services having regard to all the circumstances, including the reasonably foreseeable risks arising from the matters referred to in paragraph 9.2; and
(c) actively manage the performance by the Infrastructure Managers Manager of their respective its contractual relationships relationship with the Operator Franchisee (and provide appropriate management resources for this purpose) so as to secure the best performance reasonably obtainable from the Infrastructure Managers Manager by these means (including taking the steps referred to in paragraph 9.4), having regard to all the circumstances.
9.2 The matters to which the Operator Franchisee is to have regard pursuant to paragraph 9.1(b) shall include:
(a) variations in weather and operating conditions (including any the Infrastructure Manager’s 's infrastructure not being available for any reason), which may in either case include seasonal variations;
(b) default by, or restrictions imposed by, suppliers to the OperatorFranchisee;
(c) shortages of appropriately skilled or qualified Concession Franchise Employees;
(d) disputes with Concession Franchise Employees;
(e) the availability of the Train Fleet, having regard to maintenance requirements and any Mandatory Modifications;
(f) establishing reasonable Turnaround Time allowances for enabling or disabling (as appropriate) any part of a train, the rostering of any train crew and the servicing or cleaning of any rolling stock vehicles consistently with the requirements of the KPI Regimevehicles; and
(g) failures of rolling stock vehicles in service and contingency arrangements (including Hot Standbys and rescue traction).
9.3 For the purpose of taking measures in respect of any disruption to the Concession Franchise Services in accordance with paragraph 9.1(b) and assessing the extent of any risk referred to in paragraph 9.1(b) and any such risk’s 's reasonable forseeabilityforeseeability, regard shall be had both:
(a) to the historical levels of incidence of disruption in the operation of:
(i) the Concession Franchise Services;
(ii) similar services both by the Operator Franchisee and/or its predecessors; and
(iii) other services of a type similar to the Concession Franchise Services; and
(b) to potential changes in circumstances which may affect those levels.
9.4 The steps to which paragraph 9.1(c) refers include:
(a) co-operating with Network Rail in the development, agreement and implementation of:
(i) Joint Performance Improvement Plans; and
(ii) recovery plans in response to failures to achieve the performance levels specified in any Joint Performance Improvement Plans;
(b) co-operating with any Infrastructure Manager in adopting the principles set out in any Service Recovery Plans agreed between that Infrastructure Manager and the Operator from time to time;
(c) undertaking a weekly review of:
(i) the ten most common causes of delay to the Passenger Services; and
(ii) the ten causes of delay to the Passenger Services with the longest duration (to the extent not already reviewed in accordance with paragraph 9.4(c)(i)), which have occurred during that week and which have been caused by the Operator, any other Train Operator or Network Rail;
(d) undertaking with each Infrastructure Manager a review of the time taken to recover the Passenger Services following the occurrence of any of the events specified in paragraphs 9.4(c)(i) and (c)(ii) and seeking to identify and implement actions that reduce the delay effect of such events;
(e) setting up and holding regular and effective performance review meetings with each Infrastructure Manager, evidenced by meeting minutes and the closure of actions agreed between the parties;
(f) regularly monitoring (at least every Reporting Period) the delivery of local output commitments made by Network Rail and using reasonable endeavours to specify and develop such local output commitments;
(g) as and when required by each Infrastructure Manager, co-operating with that Infrastructure Manager in improving the accuracy of future timetables by providing access to trains, other facilities and/or information;
(h) co-operating with each Infrastructure Manager other delay management initiatives, including the use of virtual general managers and, where appropriate, the establishment of integrated control centres;
(i) regularly reviewing (at least every Reporting Period) the imposition and clearance of temporary speed restrictions;
(j) regularly reviewing (at least every Reporting Period) the timely and efficient handover and hand-back of possessions; and
(k) where appropriate and where any Infrastructure Manager fails to perform its obligations under the relevant Track Access Agreement, enforcing the Operator’s rights under such Track Access Agreement.
9.5 The Operator undertakes to reasonably co-operate with each Infrastructure Manager with regard to each such Infrastructure Manager’s management of its own network, including in relation to Network Rail, the establishment of up to date Rules of the Plan.
9.6 To the extent not already provided for in this Agreement, the Operator shall use all reasonable endeavours to ensure the performance by each Infrastructure Manager of each such Infrastructure Manager’s respective obligations under any relevant agreement including, where appropriate or where requested by RfL, enforcing its rights against any such Infrastructure Manager under any such agreement.
9.7 When and to the extent reasonably requested by RfL, the Operator shall provide to RfL evidence of the steps taken by it in order to comply with its obligations under this paragraph 9.
Appears in 1 contract
Samples: Franchise Agreement
Obligation to use all reasonable endeavours. 9.1 All Reasonable Endeavours
3.1 Any obligation in this Schedule 1.2 on the part of the Operator to use all reasonable endeavours to operate railway passenger services shall include an obligation to:
(a) ensure (so far as it is able to do so) the provision of the Passenger Services as set out in the Plan of the Day in ordinary operating conditions;
(b) take reasonable measures to avoid and/or reduce the impact of any disruption to the Concession Services having regard to all the circumstancescircumstances and the requirements of Schedule 1.3 (Managing Changes to the Passenger Services), including the reasonably foreseeable risks arising from the matters referred to in paragraph 9.23.2; and
(c) actively manage the performance by the Infrastructure Managers of their respective contractual relationships with the Operator (and provide appropriate management resources for this purpose) so as to secure the best performance reasonably obtainable from the Infrastructure Managers by these means (including taking the steps referred to in paragraph 9.43.4), having regard to all the circumstances.
9.2 3.2 The matters to which the Operator is to have regard pursuant to paragraph 9.1(b3.1(b) shall include:
(a) variations in weather and operating conditions (including any Infrastructure Manager’s infrastructure not being available for any reason), which may in either case include seasonal variations;
(b) default by, or restrictions imposed by, suppliers to the Operator;
(c) shortages of appropriately skilled or qualified Concession Employees;
(d) disputes with Concession Employees;
(e) the availability of the Train Fleet, having regard to maintenance requirements and any Mandatory Modifications;
(f) in relation to the deployment of the Class 345 Fleet, the Train Plan Parameters;
(g) establishing reasonable Turnaround Time Period allowances for enabling or disabling (as appropriate) any part of a train, the rostering of any train crew and the servicing or cleaning of any rolling stock vehicles consistently with the requirements of the KPI Regime; and
(gh) failures of rolling stock vehicles in service and contingency arrangements (including Hot Standbys Operational Spare Units and rescue traction).
9.3 3.3 For the purpose of taking measures in respect of any disruption to the Concession Services in accordance with paragraph 9.1(b3.1(b) and assessing the extent of any risk referred to in paragraph 9.1(b3.1(b) and any such risk’s reasonable forseeabilityforeseeability, regard shall be had both:
(a) to the historical levels of incidence of disruption in the operation of:
(i) the Concession Services;
(ii) similar services both by the Operator and/or its predecessors; and
(iii) other services of a type similar to the Concession Services; and
(b) to potential changes in circumstances which may affect those levels.
9.4 3.4 The steps to which paragraph 9.1(c3.1(c) refers include:
(a) co-operating with Network Rail in the development, agreement and implementation of:
(i) Joint Performance Improvement Plans; and
(ii) recovery plans in response to failures to achieve the performance levels specified in any Joint Performance Improvement Plans;
(b) co-operating with any Infrastructure Manager in adopting the principles set out in any Service Recovery Plans agreed between that Infrastructure Manager and the Operator from time to time;
(c) undertaking a weekly review of:
(i) the ten most common causes of delay to the Passenger Services; and
(ii) the ten causes of delay to the Passenger Services with the longest duration (to the extent not already reviewed in accordance with paragraph 9.4(c)(i)), which have occurred during that week and which have been caused by the Operator, any other Train Operator or Network Rail;
(d) undertaking with each Infrastructure Manager a review of the time taken to recover the Passenger Services following the occurrence of any of the events specified in paragraphs 9.4(c)(i) and (c)(ii) and seeking to identify and implement actions that reduce the delay effect of such events;
(e) setting up and holding regular and effective performance review meetings with each Infrastructure Manager, evidenced by meeting minutes and the closure of actions agreed between the parties;
(f) regularly monitoring (at least every Reporting Period) the delivery of local output commitments made by Network Rail and using reasonable endeavours to specify and develop such local output commitments;
(g) as and when required by each Infrastructure Manager, co-operating with that Infrastructure Manager in improving the accuracy of future timetables by providing access to trains, other facilities and/or information;
(h) co-operating with each Infrastructure Manager other delay management initiatives, including the use of virtual general managers and, where appropriate, the establishment of integrated control centres;
(i) regularly reviewing (at least every Reporting Period) the imposition and clearance of temporary speed restrictions;
(j) regularly reviewing (at least every Reporting Period) the timely and efficient handover and hand-back of possessions; and
(k) where appropriate and where any Infrastructure Manager fails to perform its obligations under the relevant Track Access Agreement, enforcing the Operator’s rights under such Track Access Agreement.
9.5 The Operator undertakes to reasonably co-operate with each Infrastructure Manager with regard to each such Infrastructure Manager’s management of its own network, including in relation to Network Rail, the establishment of up to date Rules of the Plan.
9.6 To the extent not already provided for in this Agreement, the Operator shall use all reasonable endeavours to ensure the performance by each Infrastructure Manager of each such Infrastructure Manager’s respective obligations under any relevant agreement including, where appropriate or where requested by RfL, enforcing its rights against any such Infrastructure Manager under any such agreement.
9.7 When and to the extent reasonably requested by RfL, the Operator shall provide to RfL evidence of the steps taken by it in order to comply with its obligations under this paragraph 9.
Appears in 1 contract
Samples: Concession Agreement
Obligation to use all reasonable endeavours. 9.1 Any obligation in this Schedule 1.2 on the part of the Operator SRT to use all reasonable endeavours to operate railway passenger services shall include an obligation to:
(a) ensure (so far as it is able to do so) the provision of the Passenger Services as set out in the Plan of the Day Applicable Timetable in ordinary operating conditions;
(b) anticipate the matters referred to in paragraph 9.2 and take reasonable measures to avoid and/or reduce the impact of any disruption to the Concession Operator Services having regard to all the circumstances, including the reasonably foreseeable risks arising from the matters referred to in paragraph 9.29.3; and
(c) actively manage the performance by the Infrastructure Managers Network Rail of their respective its contractual relationships relationship with the Operator SRT (and provide appropriate management resources for this purpose) so as to secure the best performance beyond core contractual compliance reasonably obtainable from the Infrastructure Managers Network Rail by these means (including taking the steps referred to in paragraph 9.4), having regard to all the circumstances, including without limitation any Alliance to which SRT is a party.
9.2 The matters to which the Operator SRT is to have regard pursuant to paragraph 9.1(b) shall include:
(a) variations in climate, weather and operating conditions (including any Infrastructure ManagerNetwork Rail’s infrastructure not being available for any reason), which may in either case include seasonal variations;
(b) default by, or restrictions imposed by, suppliers to the OperatorSRT;
(c) shortages of appropriately skilled or qualified Concession Operator Employees;
(d) disputes with Concession Operator Employees;
(e) the availability of the Train Fleet, having regard to maintenance requirements and any Mandatory Modificationsthe Fleet Availability Requirement;
(f) establishing reasonable Turnaround Time allowances for enabling or disabling (as appropriate) any part of a train, the rostering of any train crew and crew, the servicing or cleaning of any rolling stock vehicles consistently in accordance with the requirements current Service Quality Specifications relating to the condition of the KPI Regime; androlling stock vehicles;
(g) failures of rolling stock vehicles in service and contingency arrangements (including Hot Standbys and rescue traction);
(h) the split of the Train Fleet between electric and diesel units;
(i) resilience planning for snow and other severe weather conditions and variance in the Scottish climate;
(j) interactions with railway industry parties, Local Authorities and public agencies; and
(k) the need to take pre-emptive and contingency measures.
9.3 For the purpose of taking measures in respect of any disruption to the Concession Operator Services in accordance with paragraph 9.1(b) and assessing the extent of any risk referred to in paragraph 9.1(b) ), and any such risk’s reasonable forseeabilityforeseeability, regard shall be had both:
(a) to the historical levels of incidence of disruption in the operation of:
(i) the Concession ServicesSRT;
(ii) similar services both by the Operator SRT and/or its predecessors; and
(iii) other services of a type similar to the Concession Operator Services; and
(b) to potential changes in circumstances which may affect those levels.
9.4 The steps to which paragraph 9.1(c) refers include:
(a) co-operating with Network Rail in the development, agreement and implementation of:
(i) Joint Performance Improvement Plans; and
(ii) recovery plans in response to failures to achieve the performance levels specified in any Joint Performance Improvement Plans;
(b) co-operating with any Infrastructure Manager in adopting the principles set out in any Service Recovery Plans agreed between that Infrastructure Manager Network Rail and the Operator SRT from time to time;
(cb) undertaking a weekly review during each Reporting Period of:
(i) the ten 10 most common causes of delay to the Passenger Services; and
(ii) the ten 10 causes of delay to the Passenger Services with the longest duration (to the extent not already reviewed in accordance with paragraph 9.4(c)(i9.4(b)(i)), which have occurred during that week Reporting Period and which have been caused by the OperatorSRT, any other Train Operator or Network Rail;
(dc) undertaking with each Infrastructure Manager Network Rail a review of the time taken to recover the Passenger Services following the occurrence of any of the events specified in paragraphs 9.4(c)(i9.4(b)(i) and (c)(iib)(ii) and seeking to identify and implement actions that reduce the delay effect of such events;
(d) undertaking a review of the way SRT communicated with passengers during the occurrence of any of the events specified in paragraphs 9.4(b)(i) and (b)(ii) and seeking to identify and implement actions that improve communication with passengers in relation to such events;
(e) setting up and holding regular and effective performance review meetings with each Infrastructure ManagerNetwork Rail, evidenced by meeting minutes and the closure of actions agreed between the partiesSRH and SRT;
(f) regularly monitoring (at least every Reporting Period) the delivery of local output commitments made by Network Rail and using reasonable endeavours to specify and develop such local output commitments;
(g) as and when required by each Infrastructure ManagerNetwork Rail, co-operating with that Infrastructure Manager Network Rail in improving the accuracy of future timetables by providing access to trains, other facilities and/or or information;
(h) co-operating with each Infrastructure Manager Network Rail in other delay management initiativesmanagement, including alliancing and initiatives such as the use of virtual general managers and, where appropriate, the and establishment of integrated control centresrooms;
(i) regularly reviewing (at least every Reporting Period) the imposition and clearance of temporary speed restrictions;
(j) regularly reviewing (at least every Reporting Period) the timely and efficient handover and hand-back of possessions; and
(k) where appropriate and where any Infrastructure Manager Network Rail fails to perform its obligations under the relevant Track Access Agreement, enforcing the OperatorSRT’s rights under such Track Access Agreement.
9.5 The Operator SRT undertakes (subject to its obligations to prepare a Train Plan and secure a Timetable enabling it to operate railway passenger services that comply with the Service Level Commitment and thereafter operate such services) to reasonably co-operate with each Infrastructure Manager Network Rail with regard to each such Infrastructure ManagerNetwork Rail’s management of its own the network, including in relation to Network Rail, the establishment of up to date Rules of the PlanTimetable Planning Rules.
9.6 To the extent not already provided for in this Agreement, the Operator SRT shall use all reasonable endeavours to ensure the performance by each Infrastructure Manager Network Rail of each such Infrastructure Manager’s respective its obligations under any relevant agreement including, where appropriate or where requested by RfL, SRH enforcing its rights against any such Infrastructure Manager Network Rail under any such agreement.
9.7 When and to the extent reasonably requested by RfLSRH, the Operator SRT shall provide to RfL SRH evidence of the steps taken by it in order to comply with its obligations under this paragraph 9.
9.8 SRT shall in the event of disruption (whether planned or unplanned) which impacts the Caledonian Sleeper franchise services, use all reasonable endeavours to co-operate with and provide support to the Caledonian Sleeper Franchisee. Such co-operation shall without prejudice to the foregoing generality include to Publish appropriate information in respect of the disruption in question and the consequences of and mitigation for the effects of the same.
9.9 Without prejudice to the other terms of this Schedule 1.2, SRT shall take all necessary steps to provide for Passenger Service resilience, including planning provision and training (including exercises) in respect of:-
(a) interaction and co-operation with public agencies;
(b) traction;
(c) equipment;
(d) catering;
(e) station facilities;
(f) operational practices;
(g) staff rostering and duties;
(h) cross-support to other railway industry parties, transport providers and roads authorities;
(i) best practice and lessons learned;
(j) attendance at any resilience centre designated by the Authority and/or SRH; and
(k) mutual support of the Caledonian Sleeper Franchise.
Appears in 1 contract
Samples: Grant Agreement
Obligation to use all reasonable endeavours. 9.1 Any obligation in this Schedule 1.2 on the part of the Operator Franchisee to use all reasonable endeavours to operate railway passenger services shall include an obligation to:
(a) ensure (so far as it is able to do so) the provision of the Passenger Services as set out in the Plan of the Day Applicable Timetable in ordinary operating conditions;
(b) anticipate the matters referred to in paragraph 9.2 and take reasonable measures to avoid and/or reduce the impact of any disruption to the Concession Franchise Services having regard to all the circumstances, including the reasonably foreseeable risks arising from the matters referred to in paragraph 9.29.3; and
(c) actively manage the performance by the Infrastructure Managers Network Rail of their respective its contractual relationships relationship with the Operator Franchisee (and provide appropriate management resources for this purpose) so as to secure the best performance beyond core contractual compliance reasonably obtainable from the Infrastructure Managers Network Rail by these means (including taking the steps referred to in paragraph 9.4), having regard to all the circumstances, including without limitation any Alliance to which the Franchisee is a party.
9.2 The matters to which the Operator Franchisee is to have regard pursuant to paragraph 9.1(b) shall include:
(a) variations in climate, weather and operating conditions (including any Infrastructure ManagerNetwork Rail’s infrastructure not being available for any reason), which may in either case include seasonal variations;
(b) default by, or restrictions imposed by, suppliers to the OperatorFranchisee;
(c) shortages of appropriately skilled or qualified Concession Franchise Employees;
(d) disputes with Concession Franchise Employees;
(e) the availability of the Train Fleet, having regard to maintenance requirements and any Mandatory Modificationsthe Fleet Availability Requirement;
(f) establishing reasonable Turnaround Time allowances for enabling or disabling (as appropriate) any part of a train, the rostering of any train crew and crew, the servicing or cleaning of any rolling stock vehicles consistently in accordance with the requirements current SQUIRE Service Specifications relating to the condition of the KPI Regime; androlling stock vehicles;
(g) failures of rolling stock vehicles in service and contingency arrangements (including Hot Standbys and rescue traction);
(h) the split of the Train Fleet between electric and diesel units;
(i) resilience planning for snow and other severe weather conditions and variance in the Scottish climate;
(j) interactions with railway industry parties, Local Authorities and public agencies; and
(k) the need to take pre-emptive and contingency measures.
9.3 For the purpose of taking measures in respect of any disruption to the Concession Franchise Services in accordance with paragraph 9.1(b) and assessing the extent of any risk referred to in paragraph 9.1(b) ), and any such risk’s reasonable forseeabilityforeseeability, regard shall be had both:
(a) to the historical levels of incidence of disruption in the operation of:
(i) the Concession Franchise Services;
(ii) similar services both by the Operator Franchisee and/or its predecessors; and
(iii) other services of a type similar to the Concession Franchise Services; and
(b) to potential changes in circumstances which may affect those levels.
9.4 The steps to which paragraph 9.1(c) refers include:
(a) co-operating with Network Rail in the development, agreement and implementation of:
(i) Joint Performance Improvement Plans; and
(ii) recovery plans in response to failures to achieve the performance levels specified in any Joint Performance Improvement Plans;
(b) co-operating with any Infrastructure Manager in adopting the principles set out in any Service Recovery Plans agreed between that Infrastructure Manager Network Rail and the Operator Franchisee from time to time;
(cb) undertaking a weekly review during each Reporting Period of:
(i) the ten 10 most common causes of delay to the Passenger Services; and
(ii) the ten 10 causes of delay to the Passenger Services with the longest duration (to the extent not already reviewed in accordance with paragraph 9.4(c)(i9.4(b)(i)), which have occurred during that week Reporting Period and which have been caused by the OperatorFranchisee, any other Train Operator or Network Rail;
(dc) undertaking with each Infrastructure Manager Network Rail a review of the time taken to recover the Passenger Services following the occurrence of any of the events specified in paragraphs 9.4(c)(i9.4(b)(i) and (c)(iib)(ii) and seeking to identify and implement actions that reduce the delay effect of such events;
(d) undertaking a review of the way the Franchisee communicated with passengers during the occurrence of any of the events specified in paragraphs 9.4(b)(i) and (b)(ii) and seeking to identify and implement actions that improve communication with passengers in relation to such events;
(e) setting up and holding regular and effective performance review meetings with each Infrastructure ManagerNetwork Rail, evidenced by meeting minutes and the closure of actions agreed between the partiesAuthority and the Franchisee;
(f) regularly monitoring (at least every Reporting Period) the delivery of local output commitments made by Network Rail and using reasonable endeavours to specify and develop such local output commitments;
(g) as and when required by each Infrastructure ManagerNetwork Rail, co-operating with that Infrastructure Manager Network Rail in improving the accuracy of future timetables by providing access to trains, other facilities and/or or information;
(h) co-operating with each Infrastructure Manager Network Rail in other delay management initiativesmanagement, including alliancing and initiatives such as the use of virtual general managers and, where appropriate, the and establishment of integrated control centresrooms;
(i) regularly reviewing (at least every Reporting Period) the imposition and clearance of temporary speed restrictions;
(j) regularly reviewing (at least every Reporting Period) the timely and efficient handover and hand-back of possessions; and
(k) where appropriate and where any Infrastructure Manager Network Rail fails to perform its obligations under the relevant Track Access Agreement, enforcing the OperatorFranchisee’s rights under such Track Access Agreement.
9.5 The Operator Franchisee undertakes (subject to its obligations to prepare a Train Plan and secure a Timetable enabling it to operate railway passenger services that comply with the Service Level Commitment and thereafter operate such services) to reasonably co-operate with each Infrastructure Manager Network Rail with regard to each such Infrastructure ManagerNetwork Rail’s management of its own the network, including in relation to Network Rail, the establishment of up to date Rules of the PlanTimetable Planning Rules.
9.6 To the extent not already provided for in this Agreement, the Operator Franchisee shall use all reasonable endeavours to ensure the performance by each Infrastructure Manager Network Rail of each such Infrastructure Manager’s respective its obligations under any relevant agreement including, where appropriate or where requested by RfL, the Authority enforcing its rights against any such Infrastructure Manager Network Rail under any such agreement.
9.7 When and to the extent reasonably requested by RfLthe Authority, the Operator Franchisee shall provide to RfL the Authority evidence of the steps taken by it in order to comply with its obligations under this paragraph 9.
9.8 The Franchisee shall in the event of disruption (whether planned or unplanned) which impacts the Caledonian Sleeper franchise services, use all reasonable endeavours to co- operate with and provide support to the Caledonian Sleeper Franchisee. Such co- operation shall without prejudice to the foregoing generality include to Publish appropriate information in respect of the disruption in question and the consequences of and mitigation for the effects of the same.
9.9 Without prejudice to the other terms of this Schedule 1.2, the Franchisee shall take all necessary steps to provide for Passenger Service resilience, including planning provision and training (including exercises) in respect of:-
(a) interaction and co-operation with public agencies;
(b) traction;
(c) equipment;
(d) catering;
(e) station facilities;
(f) operational practices;
(g) staff rostering and duties;
(h) cross-support to other railway industry parties, transport providers and roads authorities;
(i) best practice and lessons learned;
(j) attendance at any resilience centre designated by the Authority;
(k) mutual support of the Caledonian Sleeper Franchise.
Appears in 1 contract
Samples: Franchise Agreement
Obligation to use all reasonable endeavours. 9.1 7.1 Any obligation in this Schedule 1.2 on the part of the Operator Franchisee to use all reasonable endeavours to operate railway passenger services shall include an obligation to:
(a) ensure (so far as it is able to do so) the provision of the Passenger Services as set out in the Plan of the Day in accordance with the Train Plan in ordinary operating conditions;
(b) take reasonable measures to avoid and/or reduce the impact of any disruption to the Concession Franchise Services having regard to all the circumstances, including the reasonably foreseeable risks arising from the matters referred to in paragraph 9.27.2; and
(c) actively manage the performance by the Infrastructure Managers Network Rail of their respective its contractual relationships relationship with the Operator Franchisee (and provide appropriate management resources for this purpose) so as to secure the best performance reasonably obtainable from the Infrastructure Managers Network Rail by these means (including taking the steps referred to in paragraph 9.47.4), having regard to all the circumstances.
9.2 7.2 The matters to which the Operator Franchisee is to have regard pursuant to paragraph 9.1(b7.1(b) shall include:
(a) variations in weather and operating conditions (including any Infrastructure Manager’s Network Rail's infrastructure not being available for any reason), which may in either case include seasonal variations;
(b) default by, or restrictions imposed by, suppliers to the OperatorFranchisee;
(c) shortages of appropriately skilled or qualified Concession Franchise Employees;
(d) disputes with Concession Franchise Employees;
(e) the availability of the Train Fleet, having regard to maintenance requirements and any Mandatory Modifications;
(f) establishing reasonable Turnaround Time allowances for enabling or disabling (as appropriate) any part of a train, the rostering of any train crew and the servicing or cleaning of any rolling stock vehicles consistently with the requirements of the KPI Regimevehicles; and
(g) failures of rolling stock vehicles in service and contingency arrangements (including Hot Standbys and rescue traction).
9.3 7.3 For the purpose of taking measures in respect of any disruption to the Concession Franchise Services in accordance with paragraph 9.1(b7.1(b) and assessing the extent of any risk referred to in paragraph 9.1(b7.1(b) and any such risk’s 's reasonable forseeabilityforeseeability, regard shall be had both:
(a) to the historical levels of incidence of disruption in the operation of:
(i) the Concession Franchise Services;
(ii) similar services both by the Operator Franchisee and/or its predecessors; and
(iii) other services of a type similar to the Concession Franchise Services; and
(b) to potential changes in circumstances which may affect those levels.
9.4 The steps to which paragraph 9.1(c) refers include:
(a) co-operating with Network Rail in the development, agreement and implementation of:
(i) Joint Performance Improvement Plans; and
(ii) recovery plans in response to failures to achieve the performance levels specified in any Joint Performance Improvement Plans;
(b) co-operating with any Infrastructure Manager in adopting the principles set out in any Service Recovery Plans agreed between that Infrastructure Manager and the Operator from time to time;
(c) undertaking a weekly review of:
(i) the ten most common causes of delay to the Passenger Services; and
(ii) the ten causes of delay to the Passenger Services with the longest duration (to the extent not already reviewed in accordance with paragraph 9.4(c)(i)), which have occurred during that week and which have been caused by the Operator, any other Train Operator or Network Rail;
(d) undertaking with each Infrastructure Manager a review of the time taken to recover the Passenger Services following the occurrence of any of the events specified in paragraphs 9.4(c)(i) and (c)(ii) and seeking to identify and implement actions that reduce the delay effect of such events;
(e) setting up and holding regular and effective performance review meetings with each Infrastructure Manager, evidenced by meeting minutes and the closure of actions agreed between the parties;
(f) regularly monitoring (at least every Reporting Period) the delivery of local output commitments made by Network Rail and using reasonable endeavours to specify and develop such local output commitments;
(g) as and when required by each Infrastructure Manager, co-operating with that Infrastructure Manager in improving the accuracy of future timetables by providing access to trains, other facilities and/or information;
(h) co-operating with each Infrastructure Manager other delay management initiatives, including the use of virtual general managers and, where appropriate, the establishment of integrated control centres;
(i) regularly reviewing (at least every Reporting Period) the imposition and clearance of temporary speed restrictions;
(j) regularly reviewing (at least every Reporting Period) the timely and efficient handover and hand-back of possessions; and
(k) where appropriate and where any Infrastructure Manager fails to perform its obligations under the relevant Track Access Agreement, enforcing the Operator’s rights under such Track Access Agreement.
9.5 The Operator undertakes to reasonably co-operate with each Infrastructure Manager with regard to each such Infrastructure Manager’s management of its own network, including in relation to Network Rail, the establishment of up to date Rules of the Plan.
9.6 To the extent not already provided for in this Agreement, the Operator shall use all reasonable endeavours to ensure the performance by each Infrastructure Manager of each such Infrastructure Manager’s respective obligations under any relevant agreement including, where appropriate or where requested by RfL, enforcing its rights against any such Infrastructure Manager under any such agreement.
9.7 When and to the extent reasonably requested by RfL, the Operator shall provide to RfL evidence of the steps taken by it in order to comply with its obligations under this paragraph 9.
Appears in 1 contract
Samples: Franchise Agreement
Obligation to use all reasonable endeavours. 9.1 Any obligation in this Schedule 1.2 on the part of the Operator Franchisee to use all reasonable endeavours to operate railway passenger services shall include an obligation to:
(a) ensure (so far as it is able to do so) the provision of the Passenger Services as set out in the Plan of the Day in ordinary operating conditions;
(b) take reasonable measures to avoid and/or reduce the impact of any disruption to the Concession Franchise Services having regard to all the circumstances, including the reasonably foreseeable risks arising from the matters referred to in paragraph 9.2; and
(c) actively manage the performance by the Infrastructure Managers Network Rail of their respective its contractual relationships relationship with the Operator Franchisee (and provide appropriate management resources for this purpose) so as to secure the best performance reasonably obtainable from the Infrastructure Managers Network Rail by these means (including taking the steps referred to in paragraph 9.4), having regard to all the circumstances.
9.2 The matters to which the Operator Franchisee is to have regard pursuant to paragraph 9.1(b) shall include:
(a) variations in weather and operating conditions (including any Infrastructure Manager’s Network Rail's infrastructure not being available for any reason), which may in either case include seasonal variations;
(b) default by, or restrictions imposed by, suppliers to the OperatorFranchisee;
(c) shortages of appropriately skilled or qualified Concession Franchise Employees;
(d) disputes with Concession Franchise Employees;
(e) the availability of the Train Fleet, having regard to maintenance requirements and any Mandatory Modifications;
(f) establishing reasonable Turnaround Time allowances for enabling or disabling (as appropriate) any part of a train, the rostering of any train crew and the servicing or cleaning of any rolling stock vehicles consistently in accordance with the requirements of the KPI Regimethen current Train Presentation Specification Standard; and
(g) failures of rolling stock vehicles in service and contingency arrangements (including Hot Standbys and rescue traction).
9.3 For the purpose of taking measures in respect of any disruption to the Concession Franchise Services in accordance with paragraph 9.1(b) and assessing the extent of any risk referred to in paragraph 9.1(b) and any such risk’s reasonable forseeability, regard shall be had both:
(a) to the historical levels of incidence of disruption in the operation of:
(i) the Concession Services;
(ii) similar services both by the Operator and/or its predecessors; and
(iii) other services of a type similar to the Concession Services; and
(b) to potential changes in circumstances which may affect those levels.
9.4 The steps to which paragraph 9.1(c) refers include:
(a) co-operating with Network Rail in the development, agreement and implementation of:
(i) Joint Performance Improvement Plans; and
(ii) recovery plans in response to failures to achieve the performance levels specified in any Joint Performance Improvement Plans;
(b) co-operating with any Infrastructure Manager in adopting the principles set out in any Service Recovery Plans agreed between that Infrastructure Manager and the Operator from time to time;
(c) undertaking a weekly review of:
(i) the ten most common causes of delay to the Passenger Services; and
(ii) the ten causes of delay to the Passenger Services with the longest duration (to the extent not already reviewed in accordance with paragraph 9.4(c)(i)), which have occurred during that week and which have been caused by the Operator, any other Train Operator or Network Rail;
(d) undertaking with each Infrastructure Manager a review of the time taken to recover the Passenger Services following the occurrence of any of the events specified in paragraphs 9.4(c)(i) and (c)(ii) and seeking to identify and implement actions that reduce the delay effect of such events;
(e) setting up and holding regular and effective performance review meetings with each Infrastructure Manager, evidenced by meeting minutes and the closure of actions agreed between the parties;
(f) regularly monitoring (at least every Reporting Period) the delivery of local output commitments made by Network Rail and using reasonable endeavours to specify and develop such local output commitments;
(g) as and when required by each Infrastructure Manager, co-operating with that Infrastructure Manager in improving the accuracy of future timetables by providing access to trains, other facilities and/or information;
(h) co-operating with each Infrastructure Manager other delay management initiatives, including the use of virtual general managers and, where appropriate, the establishment of integrated control centres;
(i) regularly reviewing (at least every Reporting Period) the imposition and clearance of temporary speed restrictions;
(j) regularly reviewing (at least every Reporting Period) the timely and efficient handover and hand-back of possessions; and
(k) where appropriate and where any Infrastructure Manager fails to perform its obligations under the relevant Track Access Agreement, enforcing the Operator’s rights under such Track Access Agreement.
9.5 The Operator undertakes to reasonably co-operate with each Infrastructure Manager with regard to each such Infrastructure Manager’s management of its own network, including in relation to Network Rail, the establishment of up to date Rules of the Plan.
9.6 To the extent not already provided for in this Agreement, the Operator shall use all reasonable endeavours to ensure the performance by each Infrastructure Manager of each such Infrastructure Manager’s respective obligations under any relevant agreement including, where appropriate or where requested by RfL, enforcing its rights against any such Infrastructure Manager under any such agreement.
9.7 When and to the extent reasonably requested by RfL, the Operator shall provide to RfL evidence of the steps taken by it in order to comply with its obligations under this paragraph 9.any
Appears in 1 contract
Samples: Franchise Agreement
Obligation to use all reasonable endeavours. 9.1 7.1 Any obligation in this Schedule 1.2 on the part of the Operator Franchisee to use all reasonable endeavours to operate railway passenger services shall include an obligation to:
(a) ensure (so far as it is able to do so) the provision of the Passenger Services as set out in the Plan of the Day in accordance with the Train Plan in ordinary operating conditions;
(b) take reasonable measures to avoid and/or reduce the impact of any disruption to the Concession Franchise Services having regard to all the circumstances, including the reasonably foreseeable risks arising from the matters referred to in paragraph 9.27.2; and
(c) actively manage the performance by the Infrastructure Managers Network Rail of their respective its contractual relationships relationship with the Operator Franchisee (and provide appropriate management resources for this purpose) so as to secure the best performance reasonably obtainable from the Infrastructure Managers Network Rail by these means (including taking the steps referred to in paragraph 9.47.4), having regard to all the circumstances.
9.2 7.2 The matters to which the Operator Franchisee is to have regard pursuant to paragraph 9.1(b7.1(b) shall include:
(a) variations in weather and operating conditions (including any Infrastructure Manager’s Network Rail's infrastructure not being available for any reason), which may in either case include seasonal variations;
(b) default by, or restrictions imposed by, suppliers to the OperatorFranchisee;
(c) shortages of appropriately skilled or qualified Concession Franchise Employees;
(d) disputes with Concession Franchise Employees;
(e) the availability of the Train Fleet, having regard to maintenance requirements and any Mandatory Modifications;
(f) establishing reasonable Turnaround Time allowances for enabling or disabling (as appropriate) any part of a train, the rostering of any train crew and the servicing or cleaning of any rolling stock vehicles consistently with the requirements of the KPI Regimevehicles; and
(g) failures of rolling stock vehicles in service and contingency arrangements (including Hot Standbys and rescue traction).
9.3 For the purpose of taking measures in respect of any disruption to the Concession Services in accordance with paragraph 9.1(b) and assessing the extent of any risk referred to in paragraph 9.1(b) and any such risk’s reasonable forseeability, regard shall be had both:
(a) to the historical levels of incidence of disruption in the operation of:
(i) the Concession Services;
(ii) similar services both by the Operator and/or its predecessors; and
(iii) other services of a type similar to the Concession Services; and
(b) to potential changes in circumstances which may affect those levels.
9.4 The steps to which paragraph 9.1(c) refers include:
(a) co-operating with Network Rail in the development, agreement and implementation of:
(i) Joint Performance Improvement Plans; and
(ii) recovery plans in response to failures to achieve the performance levels specified in any Joint Performance Improvement Plans;
(b) co-operating with any Infrastructure Manager in adopting the principles set out in any Service Recovery Plans agreed between that Infrastructure Manager and the Operator from time to time;
(c) undertaking a weekly review of:
(i) the ten most common causes of delay to the Passenger Services; and
(ii) the ten causes of delay to the Passenger Services with the longest duration (to the extent not already reviewed in accordance with paragraph 9.4(c)(i)), which have occurred during that week and which have been caused by the Operator, any other Train Operator or Network Rail;
(d) undertaking with each Infrastructure Manager a review of the time taken to recover the Passenger Services following the occurrence of any of the events specified in paragraphs 9.4(c)(i) and (c)(ii) and seeking to identify and implement actions that reduce the delay effect of such events;
(e) setting up and holding regular and effective performance review meetings with each Infrastructure Manager, evidenced by meeting minutes and the closure of actions agreed between the parties;
(f) regularly monitoring (at least every Reporting Period) the delivery of local output commitments made by Network Rail and using reasonable endeavours to specify and develop such local output commitments;
(g) as and when required by each Infrastructure Manager, co-operating with that Infrastructure Manager in improving the accuracy of future timetables by providing access to trains, other facilities and/or information;
(h) co-operating with each Infrastructure Manager other delay management initiatives, including the use of virtual general managers and, where appropriate, the establishment of integrated control centres;
(i) regularly reviewing (at least every Reporting Period) the imposition and clearance of temporary speed restrictions;
(j) regularly reviewing (at least every Reporting Period) the timely and efficient handover and hand-back of possessions; and
(k) where appropriate and where any Infrastructure Manager fails to perform its obligations under the relevant Track Access Agreement, enforcing the Operator’s rights under such Track Access Agreement.
9.5 The Operator undertakes to reasonably co-operate with each Infrastructure Manager with regard to each such Infrastructure Manager’s management of its own network, including in relation to Network Rail, the establishment of up to date Rules of the Plan.
9.6 To the extent not already provided for in this Agreement, the Operator shall use all reasonable endeavours to ensure the performance by each Infrastructure Manager of each such Infrastructure Manager’s respective obligations under any relevant agreement including, where appropriate or where requested by RfL, enforcing its rights against any such Infrastructure Manager under any such agreement.
9.7 When and to the extent reasonably requested by RfL, the Operator shall provide to RfL evidence of the steps taken by it in order to comply with its obligations under this paragraph 9.
Appears in 1 contract
Samples: Franchise Agreement
Obligation to use all reasonable endeavours. 9.1 Any obligation in this Schedule 1.2 on the part of the Operator Franchisee to use all reasonable endeavours to operate railway passenger services shall include an obligation to:
(a) ensure (so far as it is able to do so) the provision of the Passenger Services as set out in the Plan of the Day in ordinary operating conditions;
(b) take reasonable measures to avoid and/or reduce the impact of any disruption to the Concession Franchise Services having regard to all the circumstances, including the reasonably foreseeable risks arising from the matters referred to in paragraph 9.2; and
(c) actively manage the performance by the Infrastructure Managers Network Rail of their respective its contractual relationships relationship with the Operator Franchisee (and provide appropriate management resources for this purpose) so as to secure the best performance reasonably obtainable from the Infrastructure Managers Network Rail by these means (including taking the steps referred to in paragraph 9.4), having regard to all the circumstances.
9.2 The matters to which the Operator Franchisee is to have regard pursuant to paragraph 9.1(b) shall include:
(a) variations in weather and operating conditions (including any Infrastructure ManagerNetwork Rail’s infrastructure not being available for any reason), which may in either case include seasonal variations;
(b) default by, or restrictions imposed by, suppliers to the OperatorFranchisee;
(c) shortages of appropriately skilled or qualified Concession Franchise Employees;
(d) disputes with Concession Franchise Employees;
(e) the availability of the Train Fleet, having regard to maintenance requirements and any Mandatory Modifications;
(f) establishing reasonable Turnaround Time allowances for enabling or disabling (as appropriate) any part of a train, the rostering of any train crew and crew, the servicing or cleaning of any rolling stock vehicles consistently in accordance with the requirements of the KPI Regimecurrent Train Presentation Specification Standard; and
(g) failures of rolling stock vehicles in service and contingency arrangements (including Hot Standbys and rescue traction).
9.3 For the purpose of taking measures in respect of any disruption to the Concession Franchise Services in accordance with paragraph 9.1(b) and assessing the extent of any risk referred to in paragraph 9.1(b) and any such risk’s reasonable forseeability, regard shall be had both:
(a) to the historical levels of incidence of disruption in the operation of:
(i) the Concession Franchise Services;
(ii) similar services both by the Operator Franchisee and/or its predecessors; and
(iii) other services of a type similar to the Concession Franchise Services; and
(b) to potential changes in circumstances which may affect those levels.
9.4 The steps to which paragraph 9.1(c) refers include:
(a) co-operating with Network Rail in the development, agreement and implementation of:
(i) Joint Performance Improvement Plans; and
(ii) recovery plans in response to failures to achieve the performance levels specified in any Joint Performance Improvement Plans;
(b) co-operating with any Infrastructure Manager in adopting the principles set out in any Service Recovery Plans agreed between that Infrastructure Manager Network Rail and the Operator Franchisee from time to time;
(cb) undertaking a weekly review of:
(i) the ten 10 most common causes of delay to the Passenger Services; and
(ii) the ten 10 causes of delay to the Passenger Services with the longest duration (to the extent not already reviewed in accordance with paragraph 9.4(c)(i9.4(b)(i)), which have occurred during that week and which have been caused by the OperatorFranchisee, any other Train Operator or Network Rail;
(dc) undertaking with each Infrastructure Manager Network Rail a review of the time taken to recover the Passenger Services following the occurrence of any of the events specified in paragraphs 9.4(c)(i9.4(b)(i) and (c)(iib)(ii) and seeking to identify and implement actions that reduce the delay effect of such events;
(ed) setting up and holding regular and effective performance review meetings with each Infrastructure ManagerNetwork Rail, evidenced by meeting minutes and the closure of actions agreed between the partiesAuthority and the Franchisee;
(fe) regularly monitoring (at least every Reporting Period) the delivery of local output commitments made by Network Rail and using reasonable endeavours to specify and develop such local output commitments;
(gf) as and when required by each Infrastructure ManagerNetwork Rail, co-operating with that Infrastructure Manager Network Rail in improving the accuracy of future timetables by providing access to trains, other facilities and/or or information;
(hg) co-operating with each Infrastructure Manager Network Rail in other delay management initiatives, including such as the use of virtual general managers and, where appropriate, the establishment of integrated control centresmanagers;
(ih) regularly reviewing (at least every Reporting Period) the imposition and clearance of temporary speed restrictions;
(ji) regularly reviewing (at least every Reporting Period) the timely and efficient handover and hand-back of possessions; and
(kj) where appropriate and where any Infrastructure Manager Network Rail fails to perform its obligations under the relevant Track Access Agreement, enforcing the OperatorFranchisee’s rights under such Track Access Agreement.
9.5 The Operator Franchisee undertakes to reasonably co-operate with each Infrastructure Manager Network Rail with regard to each such Infrastructure ManagerNetwork Rail’s management of its own the network, including in relation to Network Rail, the establishment of up to date Rules of the Plan.
9.6 To the extent not already provided for in this Agreement, the Operator Franchisee shall use all reasonable endeavours to ensure the performance by each Infrastructure Manager Network Rail of each such Infrastructure Manager’s respective its obligations under any relevant agreement including, where appropriate or where requested by RfLthe Authority, enforcing its rights against any such Infrastructure Manager Network Rail under any such agreement.
9.7 When and to the extent reasonably requested by RfLthe Authority, the Operator Franchisee shall provide to RfL the Authority and the affected Executive evidence of the steps taken by it in order to comply with its obligations under this paragraph 9.
Appears in 1 contract
Samples: Passenger Transport Agreement
