Common use of OTHER OPERATORS Clause in Contracts

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 Operator(s) making any changes to Services outside the 3xY Service Change Dates (in accordance with clause 11.2 (a) and (b) above) will fund the cost of maintaining accurate customer information produced by any Party pursuant to their obligations under this Agreement unless otherwise agreed between the Parties

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 4.6, 4.7 and 4.8 4.9 will not apply and the provisions of clause 4.7 4.18 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 4.13 SAVE THAT under Clause 4.8 4.9 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 Operator(s) making any changes to Services outside the 3xY Service Change Dates (in accordance with clause 11.2 (a) and (b) above) will fund the cost of maintaining accurate customer information produced by any Party pursuant to their obligations under this Agreement unless otherwise agreed between the Parties

OTHER OPERATORS. 11.1 13.1 Subject to clause 13.2, the Parties acknowledge that the Purpose of the Partnership will be facilitated by all of the operators in the LCR joining this Agreement in order to pursue its aims. 13.2 Other bus operators may join this Agreement at any time. Where another operator (who operate in furtherance of the Purpose of this Agreement) wishes LCR shall be permitted to join the partnership arrangements Partnership at any time subject to the new operator: (a) agreeing to comply with the terms of the Agreement set out herein; and (b) presenting to Merseytravel a business case detailing: (i) its proposed level of investment (which should be at least proportionate to the proportion of commercial mileage run by that Operator's Services in whole or partthe previous three (3) and they wish months when compared to operate the aggregate run by all Operators on a corridor such that interworked timetables would applythe Network in the equivalent period); (ii) the milestones connected with its proposed level of investment; (iii) how it intends to adhere to the Performance Indicators set by the Partnership under this Agreement; and (iv) how the new Operator intends to meet the Minimum Standards where practicable within eighteen months (18) following accession to this Agreement, they (New Operator Plan), the New Operator Accession Process. Each element of the New Operator Accession Process set out in this clause 13.2(b) shall be allowed classed as a Milestone. 13.3 A new Operator shall be required to do so comply with the New Operator Plan and become a Party the New Operator Accession Process. Where this is not achieved, the new Operator shall be in breach of this Agreement and the matter shall be referred to the Agreement PROVIDED THAT Programme Board for resolution as if the Services provided by Operator was failing to deliver its investment and/or a Milestone. 13.4 Following consideration of the Operators New Operator Accession Proposal, Merseytravel shall, acting in a fair, reasonable and non-discriminatory manner, communicate to the operator whether its New Operator Accession Proposal has been successful, and if successful, the operator shall enter into the Deed of Adherence and will become an Operator. 13.5 Upon accession to this Agreement, a new operator(s) are re-timetabled where considered necessary by the Parties. The new operators’ intended bus Operator's services shall be considered deemed to be Services and additional to the Network. Under such conditions if . 13.6 In the event that an Operator deems there is to be duplication of Services, Routes and/or times then timetabling following the Operators would accession of a new Operator to this Agreement, an Operator shall, notwithstanding the provisions of clause 7.1, be permitted to propose implement a Network Service Change pursuant to the Service Change Procedure to reduce their Services’ provision its Services 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 Operator(s) making any changes to Services outside the 3xY Service Change Dates (in accordance with clause 11.2 (a) and (b) above) will fund the cost of maintaining accurate customer information produced by any Party pursuant to their obligations under this Agreement unless otherwise agreed between the Parties

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 4.54.7, 4.6 4.8 and 4.8 4.11 will not apply and the provisions of clause 4.7 4.10 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 4.7 to 4.12 4.15 SAVE THAT under Clause 4.8 4.11 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 Operator(s) making any changes to Services outside the 3xY Service Change Dates (in accordance with clause 11.2 (a) and (b) above) will fund the cost of maintaining accurate customer information produced by any Party pursuant to their obligations under this Agreement unless otherwise agreed between the Parties