Common use of Over-runs Clause in Contracts

Over-runs. For the purposes of this paragraph 2.12, an over-run ("Over-run") occurs where: there is a Restriction of Use which is not an Operator Restriction of Use (the "First Restriction"); following the end of the relevant period of difference between timetables referred to in sub-paragraphs (a) and (b) of the definition of Restriction of Use which served to establish the existence of that Restriction of Use (the "First Restriction Period"), there is either: a further period of at least one hour during which Services are Disrupted due to (1) any incident attributed under Schedule 8 to circumstances arising from any restriction of operation of the CVL which are a consequence of the First Restriction or (2) any act or omission in connection with any activities planned or undertaken which are directly attributable to the First Restriction (including any failure to remove the First Restriction by the time scheduled for its removal in the Applicable CVL Engineering Access Statement) but excluding any act or omission by the Train Operator for which it would be allocated responsibility under this contract (the "Unplanned Over-run Period"); and/or a further Restriction of Use is taken which is at the same location as all or part of the First Restriction and directly connected with or attributable to any activities undertaken or planned to be undertaken under the First Restriction (a "Further Restriction" ), in each case without there being any intervening period between the First Restriction and the relevant Unplanned Over-run Period or Further Restriction, which is not either a White Period, Unplanned Over-run Period or a Further Restriction. Where a Restriction of Use is subject to one or more Over-runs, then the entire duration from the start of the First Restriction to the end of the last Over-run in respect of the Restriction of Use shall be treated as making up a single Restriction of Use. Where there is an Over-run which results in a Service being Disrupted which: is not part of either a Type 2 or Type 3 Restriction of Use; lasts for more than one hour; and results in the Train Operator incurring costs in the category of RoU Direct Costs in relation to the Over-run in excess of £10,000, then the Unplanned Over-run Period element of that Over-run (but not the relevant First Restriction Period or the period of any Further Restriction) shall for the purposes only of calculating RoU Direct Costs be deemed to constitute a Type 2 Restriction of Use. For the purposes of calculating RoU Liability under paragraph 7 (when it is agreed or determined that the requirements of paragraph 2.7(c) are satisfied) or paragraph 8 when there is agreed or determined to be a Sustained Planned Disruption, the amount of the RoU Liability shall be calculated: including costs, direct losses and expenses (including loss of revenue and any increase in RoU Variable Costs) reasonably incurred or reasonably expected to be incurred by the Train Operator as a consequence of any Unplanned Over-run Period; and offsetting any benefit as a consequence of the Unplanned Over-run Period including: any reduction in RoU Variable Costs; any payments made as result of paragraph 2.12(c); and any payments received by the Train Operator under Schedule 8. This paragraph 2.12 shall not result in any Unplanned Over-run Period being subject to either revenue loss compensation for CVL IM Restrictions of Use under paragraph 3 or costs compensation for CVL IM Restrictions of Use under paragraph 4.

Over-runs. (a) For the purposes of this paragraph 2.12, an over-run ("Over-run") occurs where: occurs (i) there is a Restriction of Use which is not an Operator Restriction of Use (the "First Restriction"); (ii) following the end of the relevant period of difference between timetables referred to in sub-paragraphs (a) and (b) of the definition of Restriction of Use which served to establish the existence of that Restriction of Use (the "First Restriction Period"), there is either: (A) a further period of at least one hour during which Services are Disrupted due to (1) any incident attributed under Schedule 8 to circumstances arising from any restriction of operation of the CVL Network which are a consequence of the First Restriction or (2) any act or omission in connection with any activities planned or undertaken which are directly attributable to the First Restriction (including any failure to remove the First Restriction by the time scheduled for its removal in the Applicable CVL Engineering Access Statement) but excluding any act or omission by the Train Operator for which it would be allocated responsibility under this contract (the "Unplanned Over-run Period"); and/or (B) a further Restriction of Use is taken which is at the same location as all or part of the First Restriction and directly connected with or attributable to any activities undertaken or planned to be undertaken under the First Restriction (a "Further Restriction" ), in each case without there being any intervening period between the First Restriction and the relevant Unplanned Over-run Period or Further Restriction, which is not either a White Period, Unplanned Over-run Period or a Further Restriction. (b) Where a Restriction of Use is subject to one or more Over-runs, then the entire duration from the start of the First Restriction to the end of the last Over-run in respect of the Restriction of Use shall be treated as making up a single Restriction of Use. (c) Where there is an Over-run which results in a Service being Disrupted which: (i) is not part of either a Type 2 or Type 3 Restriction of Use; (ii) lasts for more than one hour; and (iii) results in the Train Operator incurring costs in the category of RoU Direct Costs in relation to the Over-run in excess of £10,000, of then the Unplanned Over-run Period element of that Over-run (but not the relevant First Restriction Period or the period of any Further Restriction) shall for the purposes only of calculating RoU Direct Costs be deemed to constitute a Type 2 Restriction of Use. For the purposes of calculating RoU Liability under paragraph 7 (when it is agreed or determined that the requirements of paragraph 2.7(c) are satisfied) or paragraph 8 when there is agreed or determined to be a Sustained Planned Disruption, the amount of the RoU Liability shall be calculated: including costs, direct losses and expenses (including loss of revenue and any increase in RoU Variable Costs) reasonably incurred or reasonably expected to be incurred by the Train Operator as a consequence of any Unplanned Over-run Period; and offsetting any benefit as a consequence of the Unplanned Over-run Period including: any reduction in RoU Variable Costs; any payments made as result of paragraph 2.12(c); and any payments received by the Train Operator under Schedule 8. This paragraph 2.12 shall not result in any Unplanned Over-run Period being subject to either revenue loss compensation for CVL IM Restrictions of Use under paragraph 3 or costs compensation for CVL IM Restrictions of Use under paragraph 4.

Over-runs. For the purposes of this paragraph 2.12, an over-run ("Over-run") occurs where: there is a Restriction of Use which is not an Operator Restriction of Use (the "First Restriction"); following the end of the relevant period of difference between timetables referred to in sub-paragraphs (a) and (b) of the definition of Restriction of Use which served to establish the existence of that Restriction of Use (the "First Restriction Period"), there is either: a further period of at least one hour during which Services are Disrupted due to (1) any incident attributed under Schedule 8 to circumstances arising from any restriction of operation of the CVL Network which are a consequence of the First Restriction or (2) any act or omission in connection with any activities planned or undertaken which are directly attributable to the First Restriction (including any failure to remove the First Restriction by the time scheduled for its removal in the Applicable CVL Engineering Access Statement) but excluding any act or omission by the Train Operator for which it would be allocated responsibility under this contract (the "Unplanned Over-run Period"); and/or a further Restriction of Use is taken which is at the same location as all or part of the First Restriction and directly connected with or attributable to any activities undertaken or planned to be undertaken under the First Restriction (a "Further Restriction" ), in each case without there being any intervening period between the First Restriction and the relevant Unplanned Over-run Period or Further Restriction, which is not either a White Period, Unplanned Over-run Period or a Further Restriction. Where a Restriction of Use is subject to one or more Over-runs, then the entire duration from the start of the First Restriction to the end of the last Over-run in respect of the Restriction of Use shall be treated as making up a single Restriction of Use. Where there is an Over-run which results in a Service being Disrupted which: is not part of either a Type 2 or Type 3 Restriction of Use; lasts for more than one hour; and results in the Train Operator incurring costs in the category of RoU Direct Costs in relation to the Over-run in excess of £10,000, then the Unplanned Over-run Period element of that Over-run (but not the relevant First Restriction Period or the period of any Further Restriction) shall for the purposes only of calculating RoU Direct Costs be deemed to constitute a Type 2 Restriction of Use. For the purposes of calculating RoU Liability under paragraph 7 (when it is agreed or determined that the requirements of paragraph 2.7(c) are satisfied) or paragraph 8 when there is agreed or determined to be a Sustained Planned Disruption, the amount of the RoU Liability shall be calculated: including costs, direct losses and expenses (including loss of revenue and any increase in RoU Variable Costs) reasonably incurred or reasonably expected to be incurred by the Train Operator as a consequence of any Unplanned Over-run Period; and offsetting any benefit as a consequence of the Unplanned Over-run Period including: any reduction in RoU Variable Costs; any payments made as result of paragraph 2.12(c); and any payments received by the Train Operator under Schedule 8. This paragraph 2.12 shall not result in any Unplanned Over-run Period being subject to either revenue loss compensation for CVL IM Network Rail Restrictions of Use under paragraph 3 or costs compensation for CVL IM Network Rail Restrictions of Use under paragraph 4.. Revenue loss compensation for Network Rail Restrictions of Use Basis for calculations