Common use of Operator Restriction of Use Clause in Contracts

Operator Restriction of Use. Network Rail shall not be obliged to make any payments to the Train Operator for any one or more Restrictions of Use to the extent: (a) required as a result of any damage to the Network or Environmental Damage which in each case: (i) arises wholly or mainly from the operations of the Train Operator or its failure to comply with its obligations under this contract; and (ii) Network Rail demonstrates is in excess of fair wear and tear arising from use of the Network by the Train Operator; (b) requested by the Train Operator (other than for the purposes of inspection, maintenance, renewal or repair of the Network); or (c) required in connection with a Network Change proposed by the Train Operator under Condition G3 of the Network Code.

Operator Restriction of Use. Network Rail shall not be obliged to make any payments to the Train Operator for any one or more Restrictions of Use to the extent: (a) required as a result of any damage to the Network or Environmental Damage which in each case:case:‌ (i) arises wholly or mainly from the operations of the Train Operator or its failure to comply with its obligations under this contract; andand‌ (ii) Network Rail demonstrates is in excess of fair wear and tear arising from use of the Network by the Train Operator;Operator;‌ (b) requested by the Train Operator (other than for the purposes of inspection, maintenance, renewal or repair of the Network); oror‌ (c) required in connection with a Network Change proposed by the Train Operator under Condition G3 of the Network Code.Code.‌