OTHER OPERATORS. 11.1 Other bus operators may join this Agreement at any time. Where another operator (in furtherance of the Purpose of this Agreement) wishes to join the partnership arrangements (in whole or part) and they wish to operate on a corridor such that interworked timetables would apply, they shall be allowed to do so and become a Party to the Agreement PROVIDED THAT the Services provided by the Operators and the new operator(s) are re-timetabled where considered necessary by the Parties. The new operators’ intended bus services shall be considered additional to the Network. Under such conditions if there is duplication of Services, Routes and/or times then the Operators would be permitted to propose a Network Change to reduce their Services’ provision and retain a level of Service equivalent to the original timetable, at their discretion.
11.2 Nothing in clause 11.1 above would prevent another operator outwith this Agreement running new bus services (“the new services”), and FOR THE AVOIDANCE OF DOUBT under such circumstances;
(a) the Operators party to this Agreement will maintain the Network but may, within 12 months from the introduction of the new services or any alteration to the new services, respond to the competition by:-
(i) increasing or decreasing Services, by way of a Network Change save that clauses 4.5, 4.6 and 4.8 will not apply and the provisions of clause 4.7 relating to notification will apply subject to a reduced notification period of 63 days;
(ii) improving quality;
(iii) reducing fares and/or introducing new ticketing arrangements; and/or
(iv) any other such other reasonable and proportionate measures; AND where an Operator increases Services pursuant to this clause 11.2(a) and subsequently reduces them, they will not be considered Saved Resource; and
(b) the Operators party to this Agreement may, after 12 months from the introduction of the new services or any alteration to the new services only make a Network Change by way of the Network Change procedure in clauses 4.5 to 4.12 SAVE THAT under Clause 4.8 the Executive and the Council will have regard to the overriding criteria of financial viability of the Services subject to the proposed change where the Service has not been deliberately or negligently mismanaged PROVIDED ALWAYS that any permitted reduction in Services will be considered a Saved Resource which the Operators will reinstate to a level agreed with the Executive and Council if the new services are withdrawn; and
(c) any Oper...
OTHER OPERATORS. 11.1 If:
(a) a franchise agreement terminates;
(b) another concession agreement in respect of railway passenger services to which RfL (or any other member of the TfL Group) is a party terminates; or
(c) a railway administration order is made in respect of a Train Operator that is a party to either of those agreements, the Operator shall co-operate with any reasonable request of RfL to ensure that:
(i) the services provided or operated by the relevant Train Operator may continue to be provided or operated by any successor Train Operator or the railway administrator; and
(ii) the benefit of any arrangements between the Operator and the relevant Train Operator which were designated as a key contract under such franchise agreement or concession agreement immediately prior to its termination or to a railway administration order being made will continue to be provided to any successor Train Operator or to the railway administrator.
11.2 The benefit of any arrangements of the type referred to in paragraph 11.1(ii) shall be provided on substantially the same terms as previously obtained by the relevant Train Operator, subject to clause 5 and paragraph 11.3, provided that RfL may exclude or modify any terms agreed or amended by such Train Operator in the 12 months preceding the date on which such Train Operator’s franchise agreement or concession agreement was terminated or the date on which the relevant railway administration order was made which were, in RfL’s reasonable opinion, to the material detriment of such Train Operator’s business. The benefit of such arrangements shall be provided for such period as RfL may reasonably require to allow the relevant Train Operator or railway administrator to renegotiate such arrangements or make alternative arrangements.
11.3 The Operator shall notify RfL of its intention to terminate any contract with any other Train Operator which is designated as a “Key Contract” under that Train Operator’s franchise agreement or concession agreement in respect of railway passenger services to which RfL (or any other member of the TfL Group) is a party and shall give that Train Operator sufficient notice to enable it to make suitable alternative arrangements for its passengers without causing disruption to the railway passenger services provided by such Train Operator.
11.4 If a Train Operator’s franchise agreement or concession agreement in respect of railway passenger services to which RfL (or any other member of the TfL Group) is a p...
OTHER OPERATORS. 6.1 In all of its operations and use of the property indicated herein, the Contractor will cooperate with other potential operators in the use of rail facilities. The Contractor shall enter into a mutually acceptable agreement with other operators already operating on the Line(s) as noted below: • Xxxxxx Scenic Railroad (CSRR) is currently under agreement to NHDOT and has the exclusive right to operate tourist excursion trains between Mile Post P56.0 in Xxxxxx to Mile Post P101in Whitefield. As CSRR is under agreement to NHDOT and provides seasonal tourist excursion train service, the Contractor shall be required to enter into a mutually acceptable agreement with CSRR regarding the terms and conditions relating to the use of the rail facilities, including, without limitation, commercially reasonable terms and conditions relating to liability protection for CSRR and compensation due to CSRR relating to the use of the rail facilities. At all times CSRR’s service shall have priority over all other users, including the Contractor, and CSRR shall retain dispatching control of the Line. • NH Central Railroad (NHCRR) operates freight service between Mile Post P101 in Whitefield to Mile Post P103.2 in Whitefield and has operating rights to Mile Post P111.57 in Lunnenburg, Vermont. Any proposed train movements through this portion of the Line must be covered by a mutual agreement with NHCRR, including train movements that are coordinated with NHCRR.
OTHER OPERATORS. 9.1 SRT acknowledges and agrees that NRIL shall retain sole responsibility for the Retained Functions as part of its role as System Operator. Nothing in this Agreement shall:
9.1.1 limit or xxxxxx the exercise and discharge by NRIL of its powers, responsibilities, rights and discretions from time to time in respect of the Retained Functions; or
9.1.2 require NRIL to account to SRT in respect of how it exercises or discharges the Retained Functions.
OTHER OPERATORS. (a) For all post probation Operators, either the Company or the Operator may terminate the contract of employment by giving 4 week’s notice in writing.
(b) An additional one week’s notice shall be required to be given by the Company, if the Operator is over 45 years old and has completed 2 years continuous service.
OTHER OPERATORS. As of the date of this Agreement, Schedule 3.8 lists --------------- ------------ the SMATV systems which, to Seller's knowledge, serves customers within the areas of Prince George's County served by the Systems. As of the date of this Agreement, to Seller's knowledge based upon inquiry by Seller with the cable Franchising Authorities, Buyer holds the only other cable Franchise which has been issued with respect to any of the communities served by the Systems.
OTHER OPERATORS. In conducting the affairs of the Alliance and without prejudice to the Ultimate Accountabilities of either Party in this respect, the Parties shall act in a fair and non-discriminatory manner towards other Operators (including train operating companies and freight operating companies which may in the future use the Wessex Route) and shall act in accordance with the Access & Management Regulations.
OTHER OPERATORS. The Access Provider must not grant any New Operator Access Rights to the Rail Network (or sell or grant any lease, proprietary or other interest under which a third party could exercise rights of access, as an operator of rail service vehicles, to the Rail Network) without that New Operator also being bound in all material respects by the Common Access Terms. The Access Provider must not waive or vary any material provision of the Common Access Terms (other than the provisions referred to in clause 2.3 of the Common Access Terms) in any material respect in respect any access agreement with that Operator without Toll Rail’s consent, such consent not to be unreasonably withheld.
OTHER OPERATORS. The Council has followed a partnership strategy with all bus operators – particularly in respect of multi-operator ticketing and intends to implement smart solutions which deliver a step-change in overall bus patronage. Both the Council and Arriva will provide appropriate levels of leadership which encourage all operators to commit to the same partnership objectives. The partnership will also reflect and build upon the existing Xxxxxx Keynes Bus Passenger Charter (standards) which these same operators are signatories to. The Council and Arriva have confirmed appropriate governance arrangements and representation to support implementation of QBP programmes: QBP Working Group – Meeting monthly. This MKC and Bus Operator forum will review network performance including punctuality and reliability, agree and implement action plans and escalate outstanding issues to the QBP Steering Group for decision. QBP Steering Group - to include representation from MK Bid, the Youth Parliament, local business groups and MKBUG - Meeting Quarterly. QBP Project Board – Head of Service/Director/Cabinet member level representation - Meeting Bi-Annually. The Steering Group will play a critical role in reviewing network performance, scrutinising the Working Group’s activities, and the delivery of short term Mobility Strategy objectives. The Project Board will ensure longer term alignment with Mobility Strategy Plans and effective engagement with key external stakeholders, in order to maximise bus operator investment in the Premium Routes (‘turn up and go’) bus network.
OTHER OPERATORS. This clause is legally binding. The Parties agree that other bus operators will be permitted to be a party to this Agreement provided that they agree to comply with the terms set out herein (including agreeing to contribute to achieving the Purpose). All operators will be treated equally and no operator will be refused the right to participate unless such operator has no legitimate right so to participate (including but not limited to by reason of location of its operations and / or the nature of the business that such operator conducts). In the event that an operator becomes a party to this Agreement, the term “Operator” and “Party” shall be deemed to include and mean that operator.
