Common use of Obligations of Network Rail Clause in Contracts

Obligations of Network Rail. 3.1 Network Rail shall act in good faith towards the Customer in respect of this Agreement. 3.2 Network Rail will perform the Services in accordance with: (a) Good Industry Practice; (b) Legal Requirements and Standards (including, for the avoidance of doubt, the Network Licence, the Network Code and the Station Access Conditions or the Depot Access Conditions as may be applicable from time to time); (c) Necessary Consents; (d) the Asset Management Plan; and (e) the terms of this Agreement including Schedule 8, Schedule 9 and Schedule 10. 3.3 Network Rail shall perform the Services and its other obligations under this Agreement so as to meet the Service Level Obligations. The Service Level Obligations are included for reporting purposes and are without prejudice to any other Network Rail obligations set out in this Agreement. 3.4 Network Rail shall at the cost of the Customer make available to the Customer, within a reasonable time, the Network Rail data and information, including the Asset Status Report(s), (except for data and information which is confidential or commercially sensitive or already in the public domain) which is already in Network Rail's possession and which the Customer reasonably requires and has requested to carry out the Works. Where Network Rail is required by the Customer to provide any such information in relation to the design of the Works by the Customer, it shall in good faith provide information which is in all material respects the most complete and accurate understood to be in its possession, and shall notify the Customer of the status of the accuracy and completeness of such information on the date of delivery to the best of Network Rail's knowledge and belief. 3.5 If Network Rail determines subsequent to the date of delivery that such information was inaccurate or incomplete in any material respect, it shall promptly notify the Customer and shall use its reasonable endeavours to make any changes necessary to correct such inaccuracies or incompleteness. Notwithstanding the foregoing or any other provision in this Agreement, Network Rail does not warrant the accuracy or sufficiency of data and information provided to the Customer and the Customer shall be responsible for verifying the accuracy and assessing the sufficiency for its purposes of all data and information provided. 3.6 Network Rail shall appoint a Representative to act on its behalf as a single point of contact for the operation of the provisions of this Agreement. Any restriction placed by Network Rail on its Representative's authority must be notified to the Customer in writing to be effective. The Representative may delegate its authority by notice in writing specifying the identity of the delegate and specifying the authority so delegated. 3.7 Network Rail and the Customer shall meet on a regular basis as agreed between the Parties. 3.8 Network Rail shall, in a format and at intervals to be agreed between the Parties: (a) provide the Customer with regular reports on the progress of the Services; (b) report on Network Rail Costs incurred to date and forecast with a view to identifying at an early stage whether costs are likely to exceed the Estimated Cost; and (c) update the list of Interfacing Projects. 3.9 Network Rail shall liaise with the Station Facility Owner or the Depot Facility Owner (as applicable) on safety matters. 3.10 Network Rail shall notify the Customer of Interfacing Projects identified from the information provided by the Customer in accordance with clause 8.5 as the Works progress and shall provide advice on the Customer's proposals for mitigating and controlling risks from the Works on Interfacing Projects in accordance with its Network Licence. 3.11 With regard to clause 2.4(a), if a Customer requests a derogation to a Network Rail Standard, Network Rail shall at the cost of the Customer identify similar examples of derogations that have been adopted elsewhere. Such information shall be provided as soon as reasonably practicable and in any event within twenty-five (25) Working Days of such request.

Obligations of Network Rail. 3.1 Network Rail shall act in good faith towards the Customer in respect of this Agreement. 3.2 Network Rail will perform the Services in accordance with: (a) Good Industry Practice; (b) Legal Requirements and Standards (including, for the avoidance of doubt, the Network Licence, the Network Code and the Station Access Conditions or the Depot Access Conditions Conditions) as may be applicable from time to time); (c) Necessary Consents; (d) the Asset Management Plan; and (ed) the terms of this Agreement including Schedule 8, Schedule 9 Schedules 8 and Schedule 109. 3.3 Network Rail shall perform the Services and its other obligations under this Agreement so as to meet the Service Level Obligations. The Service Level Obligations are included for reporting purposes and are without prejudice to any other Network Rail obligations set out in this Agreement. 3.4 Network Rail shall at the cost of the Customer make available to the Customer, within a reasonable time, the Network Rail data and information, including the Asset Status Report(s), information (except for data and information which is confidential or commercially sensitive or already in the public domain) which is already in Network Rail's ’s possession and which the Customer reasonably requires and has requested to carry out the Works. Where Network Rail is required by the Customer to provide any such information in relation to the design of the Works by the Customer, it shall in good faith provide information which is in all material respects the most complete and accurate understood to be in its possession, and shall notify the Customer of the status of the accuracy and completeness of such information on the date of delivery to the best of Network Rail's ’s knowledge and belief. 3.5 3.4 If Network Rail determines subsequent to the date of delivery that such information was inaccurate or incomplete in any material respect, it shall promptly notify the Customer and shall use its reasonable endeavours to make any changes necessary to correct such inaccuracies or incompleteness. Notwithstanding the foregoing or any other provision in this Agreement, Network Rail does not warrant the accuracy or sufficiency of data and information provided to the Customer and the Customer shall be responsible for verifying the accuracy and assessing the sufficiency for its purposes of all data and information provided. 3.6 3.5 Network Rail shall appoint a Representative to act on its behalf as a single point of contact for the operation of the these provisions of this Agreement. Any restriction placed by Network Rail on its Representative's ’s authority must be notified to the Customer in writing to be effective. The Representative may delegate its authority by notice in writing specifying the identity of the delegate and specifying the authority so delegated. 3.7 3.6 Network Rail and the Customer shall meet on a regular basis as agreed between the Parties. 3.8 3.7 Network Rail shall, in a format and at intervals to be agreed between the Parties: (a) provide the Customer with regular reports on the progress of the Services; (b) report on Network Rail Costs Costs, incurred to date and forecast forecast, with a view to identifying at an early stage whether costs are likely to exceed the Estimated Cost; and (c) update the list of Interfacing Projects. 3.9 3.8 Network Rail shall liaise with the Station Facility Owner or the Depot Facility Owner (as applicable) Operator on safety matters. 3.10 3.9 Network Rail shall notify the Customer of Interfacing Projects identified from the information provided by the Customer in accordance with clause Clause 8.5 as the Works progress and shall provide advice on the Customer's ’s proposals for mitigating and controlling risks from the Works on Interfacing Projects in accordance with its Network Licence. 3.11 With regard to clause 2.4(a), if a Customer requests a derogation to a Network Rail Standard, Network Rail shall at the cost of the Customer identify similar examples of derogations that have been adopted elsewhere. Such information shall be provided as soon as reasonably practicable and in any event within twenty-five (25) Working Days of such request.

Obligations of Network Rail. 3.1 Network Rail shall act in good faith towards the Customer in respect of this Agreement. 3.2 Network Rail will perform the Services in accordance with: (a) Good Industry Practice; (b) Legal Requirements and Requirements; (c) Standards (including, for the avoidance of doubt, the Network Licence, the Network Code and the Station Access Conditions or the Depot Access Conditions as may be applicable from time to time); (cd) Necessary Consents; (de) the Asset Management Plan; and (ef) the terms of this Agreement including Schedule 8, Schedule 9 and Schedule 10. 3.3 Network Rail shall perform the Services and its other obligations under this Agreement so as to meet the Service Level Obligations. The Service Level Obligations are included for reporting purposes and are without prejudice to any other Network Rail obligations set out in this Agreement. 3.4 Network Rail shall at the cost of the Customer make available to the Customer, within a reasonable time, the Network Rail data and information, including the Asset Status Report(s), (except for data and information which is confidential or commercially sensitive or already in the public domain) which is already in Network Rail's possession and which the Customer reasonably requires and has requested to carry out the Works. Where Network Rail is required by the Customer to provide any such information in relation to the design of the Works by the Customer, it shall in good faith provide information which is in all material respects the most complete and accurate understood to be in its possession, and shall notify the Customer of the status of the accuracy and completeness of such information on the date of delivery to the best of Network Rail's knowledge and belief. 3.5 If Network Rail determines subsequent to the date of delivery that such information was inaccurate or incomplete in any material respect, it shall promptly notify the Customer and shall use its reasonable endeavours to make any changes necessary to correct such inaccuracies or incompleteness. Notwithstanding the foregoing or any other provision in this Agreement, Network Rail does not warrant the accuracy or sufficiency of data and information provided to the Customer and the Customer shall be responsible for verifying the accuracy and assessing the sufficiency for its purposes of all data and information provided. 3.6 Network Rail shall appoint a Representative to act on its behalf as a single point of contact for the operation of the provisions of this Agreement. Any restriction placed by Network Rail on its Representative's authority must be notified to the Customer in writing to be effective. The Representative may delegate its authority by notice in writing specifying the identity of the delegate and specifying the authority so delegated. 3.7 Network Rail and the Customer shall meet on a regular basis as agreed between the Parties. 3.8 Network Rail shall, in a format and at intervals to be agreed between the Parties: (a) provide the Customer with regular reports on the progress of the Services; (b) report on Network Rail Costs incurred to date and forecast with a view to identifying at an early stage whether costs are likely to exceed the Estimated Cost; and (c) update the list of Interfacing Projects. 3.9 Network Rail shall liaise with the Station Facility Owner or the Depot Facility Owner (as applicable) on safety matters. 3.10 Network Rail shall notify the Customer of Interfacing Projects identified from the information provided by the Customer in accordance with clause 8.5 8.7 as the Works progress and shall provide advice on the Customer's proposals for mitigating and controlling risks from the Works on Interfacing Projects in accordance with its Network Licence. 3.11 With regard to clause 2.4(a2.4(c), if a Customer requests a derogation to a Network Rail Standard, Network Rail shall at the cost of the Customer identify similar examples of derogations that have been adopted elsewhere. Such information shall be provided as soon as reasonably practicable and in any event within twenty-five (25) Working Days of such request.

Obligations of Network Rail. 3.1 Network Rail shall act in good faith towards provide the Services. Network Rail estimates the cost of carrying out the Services shall be the Estimated Cost. Network Rail shall use reasonable endeavours to carry out the Services for such amount but the Customer shall pay all Network Rail Costs reasonably and properly incurred by Network Rail. Network Rail shall provide the Customer with regular reports on the progress of the Services (including any changes to their estimated cost) in respect of this Agreementa format and at intervals to be agreed between the Parties. 3.2 Network Rail will perform shall carry out or procure the carrying out of its obligations and the performance of the Services in accordance with: (a) Good Industry Practice; (b) Legal Requirements and Standards (including, for the avoidance of doubt, the Network Licence, the Network Code and the Station Access Conditions or the Depot Access Conditions as may be applicable from time to time)Standards; (c) Necessary Consents;; and (d) the Asset Management Plan; and (e) the terms of this Agreement including Schedule 8, Schedule 9 and Schedule 10Agreement. 3.3 Network Rail shall perform the Services and its other obligations under this Agreement so as to meet the Service Level Obligations. The Service Level Obligations are included for reporting purposes and are without prejudice to any other Network Rail obligations set out in this Agreement. 3.4 If Network Rail becomes aware of any matter which will prevent or impede it from performing the obligations on its part in this Agreement or will prevent or impede the Customer from carrying out the Works, Network Rail shall so notify the Customer promptly and in any event within five (5) Working Days after becoming so aware. 3.5 Network Rail shall at the cost of the Customer make available to the Customer, within a reasonable time, the Network Rail data and information, including the Asset Status Report(s), ) (except for data and information which is confidential or commercially sensitive or already in the public domain) which is already in Network Rail's possession and which the Customer reasonably requires and has requested to carry out the Works. Where Network Rail is required by the Customer to provide any such information in relation to the design of the Works by the Customer, it shall shall, in good faith faith, provide information which is in all material respects the 2 These will be based particularly on clauses 2, 4, 5, 6, & 8 and Schedule 8 & 9 of the full Asset Protection Agreement. 3 Network Rail standard form warranties are available on the website. most complete and accurate understood to be in its possession, and shall notify the Customer of the status of the accuracy and completeness of such information on the date of delivery delivery, to the best of Network Rail's knowledge and belief. The Parties shall agree what is a reasonable time for Network Rail to respond to the request for information pursuant to this clause in order to determine the time period for the relevant Service Level Obligation set out in Schedule 5, once the Parties have sufficient information to determine the scope of such information request. 3.5 3.6 If Network Rail determines subsequent to the date of delivery that such information was inaccurate or incomplete in any material respect, it shall promptly notify the Customer and shall use its reasonable endeavours to make any changes necessary to correct such inaccuracies or incompleteness. Notwithstanding the foregoing or any other provision in this Agreement, Network Rail does not warrant the accuracy or sufficiency of data and information provided to the Customer and the Customer shall be responsible for verifying the accuracy and assessing the sufficiency for its purposes of all data and information provided. 3.6 Network Rail shall appoint a Representative to act on its behalf as a single point of contact for the operation of the provisions of this Agreement. Any restriction placed by Network Rail on its Representative's authority must be notified to the Customer in writing to be effective. The Representative may delegate its authority by notice in writing specifying the identity of the delegate and specifying the authority so delegated. 3.7 Network Rail and the Customer shall meet on a regular basis as agreed between the Parties. 3.8 Network Rail shall, in a format and at intervals to be agreed between the Parties: (a) provide the Customer with regular reports on the progress of the Services; (b) report on Network Rail Costs incurred to date and forecast with a view to identifying at an early stage whether costs are likely to exceed the Estimated Cost; and (c) update the list of Interfacing Projects. 3.9 Network Rail shall liaise with the Station Facility Owner or the Depot Facility Owner (as applicable) on safety matters. 3.10 Network Rail shall notify the Customer of Interfacing Projects identified from the information provided by the Customer in accordance with clause 8.5 as the Works progress and shall provide advice on the Customer's proposals for mitigating and controlling risks from the Works on Interfacing Projects in accordance with its Network Licence. 3.11 With regard to clause 2.4(a2.2(b), if a Customer requests a derogation to a Network Rail Standard, Network Rail shall at the cost of the Customer identify similar examples of derogations that have been adopted elsewhere. Such information shall be provided as soon as reasonably practicable and in any event within twenty-five (25) Working Days of such request.