Common use of Performance Orders Clause in Contracts

Performance Orders. A Performance Order: (a) is an order made under clause 13.3.3(b), relating to a Relevant Dispute, whether by way of interim or final relief; and (b) may be applied for by Network Rail or the Train Operator in the circumstances set out in clause 8.1, subject to the qualifications in clause 17.8, and an application for a Performance Order shall be without prejudice to any other remedy available to the claimant under this contract (whether final or interim and whether by way of appeal under the Network Code or otherwise).

Appears in 46 contracts

Samples: Track Access Contract (Passenger Services), Track Access Contract (Passenger Services), Track Access Contract (Passenger Services)

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Performance Orders. A Performance Order: (a) is an order made under clause Clause 13.3.3(b), relating to a Relevant Dispute, whether by way of interim or final relief; and (b) may be applied for by Network Rail or the Train Operator in the circumstances set out in clause 8.1Clauses 8.1 and 9, subject to the qualifications in clause Clause 17.8, and an application for a Performance Order shall be without prejudice to any other remedy available to the claimant under this contract (whether final or interim and whether by way of appeal under the Network Code or otherwise).

Appears in 25 contracts

Samples: Track Access Contract, Track Access Contract, Track Access Contract

Performance Orders. A Performance Order: (a) is an order made under clause Clause 13.3.3(b), relating to a Relevant Dispute, whether by way of interim or final relief; and (b) may be applied for by Network Rail the CVL IM or the Train Operator in the circumstances set out in clause 8.1Clauses 8.1 and 9, subject to the qualifications in clause Clause 17.8, and an application for a Performance Order shall be without prejudice to any other remedy available to the claimant under this contract (whether final or interim and whether by way of appeal under the CVL Network Code or otherwise).

Appears in 19 contracts

Samples: Track Access Contract (Freight Services), Track Access Contract, Track Access Contract

Performance Orders. A Performance Order: (a) is an order made under clause Clause 13.3.3(b), relating to a Relevant Dispute, whether by way of interim or final relief; and (b) may be applied for by Network Rail or the Train Operator in the circumstances set out in clause Clause 8.1, subject to the qualifications in clause Clause 17.8, and an application for a Performance Order shall be without prejudice to any other remedy available to the claimant under this contract (whether final or interim and whether by way of appeal under the Network Code or otherwise).

Appears in 17 contracts

Samples: Track Access Contract, Track Access Contract, Track Access Contract

Performance Orders. A Performance Order: (a) is an order made under clause Clause 13.3.3(b), relating to a Relevant Dispute, whether by way of interim or final relief; and (b) may be applied for by Network Rail or the Train Operator Freight Customer in the circumstances set out in clause 8.1Clauses 8.1 and 9, subject to the qualifications in clause Clause 17.8, and an application for a Performance Order shall be without prejudice to any other remedy available to the claimant under this contract (whether final or interim and whether by way of appeal under the Network Code or otherwise).

Appears in 10 contracts

Samples: Freight Customer Track Access Contract, Freight Customer Track Access Contract, Freight Customer Track Access Contract

Performance Orders. A Performance Order: (a) is an order made under clause 13.3.3(bClause 12.3.3(b), relating to a Relevant Dispute, whether by way of interim or final relief; and (b) may be applied for by Network Rail or the Train Operator Adjacent Facility Owner in the circumstances set out in clause 8.1Clause 9.1, subject to the qualifications in clause 17.8Clause 17.7, and an application for a Performance Order shall be without prejudice to any other remedy available to the claimant under this contract (whether final or interim and whether or by way of appeal under the Network Code or otherwiseappeal).

Appears in 10 contracts

Samples: Model Connection Contract, Model Connection Contract, Model Connection Contract

Performance Orders. A Performance Order: (a) is an order made under clause Clause 13.3.3(b), relating to a Relevant Dispute, whether by way of interim or final relief; and (b) may be applied for by Network Rail the CVL IM or the Train Operator in the circumstances set out in clause Clause 8.1, subject to the qualifications in clause Clause 17.8, and an application for a Performance Order shall be without prejudice to any other remedy available to the claimant under this contract (whether final or interim and whether by way of appeal under the CVL Network Code or otherwise).

Appears in 9 contracts

Samples: Track Access Contract, Track Access Contract, Track Access Contract

Performance Orders. A Performance Order: (a) is an order made under clause Clause 13.3.3(b), relating to a Relevant Dispute, whether by way of interim or final relief; and (b) may be applied for by Network Rail RfL(I) or the Train Operator in the circumstances set out in clause Clause 8.1, subject to the qualifications in clause Clause 17.8, and an application for a Performance Order shall be without prejudice to any other remedy available to the claimant under this contract Contract (whether final or interim and whether by way of appeal under the CCOS Network Code or otherwise).

Appears in 9 contracts

Samples: Track Access Contract, Track Access Contract, Track Access Contract

Performance Orders. A Performance Order: (a) is an order made under clause 13.3.3(b), relating to a Relevant Dispute, whether by way of interim or final relief; and (b) may be applied for by Network Rail the CVL IM or the Train Operator in the circumstances set out in clause 8.1, subject to the qualifications in clause 17.8, and an application for a Performance Order shall be without prejudice to any other remedy available to the claimant under this contract (whether final or interim and whether by way of appeal under the CVL Network Code or otherwise).

Appears in 7 contracts

Samples: Track Access Contract, Track Access Contract, Track Access Contract

Performance Orders. A Performance Order: (a) is an order made under clause Clause 13.3.3(b), relating to a Relevant Dispute, whether by way of interim or final relief; and (b) may be applied for by Network Rail Nexus or the Train Operator in the circumstances set out in clause Clause 8.1, subject to the qualifications in clause Clause 17.8, and an application for a Performance Order shall be without prejudice to any other remedy available to the claimant under this contract (whether final or interim and whether by way of appeal under the Metro Network Code or otherwise).

Appears in 3 contracts

Samples: Access Contract (Freight Services), Access Contract (Freight Services), Access Contract (Freight Services)

Performance Orders. A Performance Order: (a) is an order made under clause 13.3.3(bClause 12.3.3(b), relating to a Relevant Dispute, whether by way of interim or final relief; and (b) may be applied for by Network Rail the CVL IM or the Train Operator Adjacent Facility Owner in the circumstances set out in clause 8.1Clause 9.1, subject to the qualifications in clause 17.8Clause 17.7, and an application for a Performance Order shall be without prejudice to any other remedy available to the claimant under this contract (whether final or interim and whether or by way of appeal under the Network Code or otherwiseappeal).

Appears in 3 contracts

Samples: Connection Contract, Connection Contract, Connection Contract

Performance Orders. A Performance Order: (a) is an order made under clause 13.3.3(bClause 13.4.3(b), relating to a Relevant Dispute, whether by way of interim or final relief; and (b) may be applied for by Network Rail or the Train Operator in the circumstances set out in clause Clause 8.1, subject to the qualifications in clause Clause 17.8, and an application for a Performance Order shall be without prejudice to any other remedy available to the claimant under this contract (whether final or interim and whether by way of appeal under the Network Code or otherwise).

Appears in 2 contracts

Samples: Track Access Contract (Passenger Services), Track Access Contract (Passenger Services)

Performance Orders. A Performance Order: (a) is an order made under clause 13.3.3(bClause 12.3.3(b), relating to a Relevant Dispute, whether by way of interim or final relief; and (b) may be applied for by Network Rail or the Train Operator AKIL in the circumstances set out in clause 8.1Clause 9.1, subject to the qualifications in clause 17.8Clause 17.7, and an application for a Performance Order shall be without prejudice to any other remedy available to the claimant under this contract Agreement (whether final or interim and whether or by way of appeal under the Network Code or otherwiseappeal).

Appears in 2 contracts

Samples: Rail Network Connection Agreement, Rail Network Connection Agreement

Performance Orders. A Performance Order: (a) is an order made under clause 13.3.3(bClause 12.3.3(b), relating to a Relevant Dispute, whether by way of interim or final relief; and (b) may be applied for by Network Rail DB Cargo or the Train Operator Adjacent Facility Owner in the circumstances set out in clause 8.1Clause 9.1, subject to the qualifications in clause 17.8Clause 17.7, and an application for a Performance Order shall be without prejudice to any other remedy available to the claimant under this contract (whether final or interim and whether or by way of appeal under the Network Code or otherwiseappeal).

Appears in 1 contract

Samples: Connection Contract

Performance Orders. A Performance Order: (a) is an order made under clause 13.3.3(bClause 12.34.3(b), relating to a Relevant Dispute, whether by way of interim or final relief; and (b) may be applied for by Network Rail or the Train Operator Adjacent Facility Owner in the circumstances set out in clause 8.1Clause 9.1, subject to the qualifications in clause 17.8Clause 17.7, and an application for a Performance Order shall be without prejudice to any other remedy available to the claimant under this contract (whether final or interim and whether or by way of appeal under the Network Code or otherwiseappeal).

Appears in 1 contract

Samples: Model Connection Contract

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Performance Orders. A Performance Order: (a) is an order made under clause Clause 13.3.3(b), relating to a Relevant Dispute, whether by way of interim or final relief; and (b) may be applied for by Network Rail RfL(I) or the Train Operator in the circumstances set out in clause Clause 8.1, subject to the qualifications in clause Clause 17.8, and an application for a Performance Order shall be without prejudice to any other remedy available to the claimant under this contract Contract (whether final or interim and whether by way of appeal under the CCOS Network Code or otherwise).

Appears in 1 contract

Samples: Track Access Contract

Performance Orders. A Performance Order: (a) is an order made under clause 13.3.3(bClause 10.4.3(b), relating to a Relevant Dispute, whether by way of interim or final relief; and (b) may be applied for by Network Rail RRL or the Train Operator CRL in the circumstances set out in clause 8.1, subject to the qualifications in clause 17.8, Clause 7.1 and an application for a Performance Order shall be without prejudice to any other remedy available to the claimant under this contract (whether final or interim and whether by way of appeal under the Network Code or otherwise).

Appears in 1 contract

Samples: Track Access Contract

Performance Orders. A Performance Order: (ai) is an order made under clause 13.3.3(bClause 12.3(c)(ii), relating to a Relevant Dispute, whether by way of interim or final relief; and (bii) may be applied for by Network Rail Prologis or the Train Operator Adjacent Facility Owner in the circumstances set out in clause 8.1Clause 9.1, subject to the qualifications in clause 17.8Clause 17.7, and an application for a Performance Order shall be without prejudice to any other remedy available to the claimant under this contract (whether final or interim and whether or by way of appeal under the Network Code or otherwiseappeal).

Appears in 1 contract

Samples: Connection Contract

Performance Orders. A Performance Order: (a) is an order made under clause 13.3.3(bClause 12.3.3(b), relating to a Relevant Dispute, whether by way of interim or final relief; and (b) may be applied for by Network Rail DBCi or the Train Operator Adjacent Facility Owner in the circumstances set out in clause 8.1Clause 9.1, subject to the qualifications in clause 17.8Clause 17.7, and an application for a Performance Order shall be without prejudice to any other remedy available to the claimant under this contract (whether final or interim and whether or by way of appeal under the Network Code or otherwiseappeal).

Appears in 1 contract

Samples: Connection Contract

Performance Orders. A Performance Order: (a) is an order made under clause 13.3.3(b), relating to a Relevant Dispute, whether by way of interim or final relief; andand‌ (b) may be applied for by Network Rail or the Train Operator in the circumstances set out in clause 8.1, subject to the qualifications in clause 17.8, 17.8,‌ and an application for a Performance Order shall be without prejudice to any other remedy available to the claimant under this contract (whether final or interim and whether by way of appeal under the Network Code or otherwise).

Appears in 1 contract

Samples: Track Access Contract

Performance Orders. A Performance Order: (a) is an order made under clause Clause 13.3.3(b), relating to a Relevant Dispute, whether by way of interim or final relief; and (b) may be applied for by Network Rail or the Train Operator in the circumstances set out in clause Clause 8.1, subject to the qualifications in clause Clause 17.8, and an application for a Performance Order shall be without prejudice to any other remedy available to the claimant under this contract (whether final or interim and whether by way of appeal under the Network Code or otherwise).,

Appears in 1 contract

Samples: Track Access Contract

Performance Orders. A Performance Order: (a) is an order made under clause 13.3.3(bClause 12.3.3(b), relating to a Relevant Dispute, whether by way of interim or final relief; and (b) may be applied for by Network Rail The Depot Facility Owner or the Train Operator Adjacent Facility Owner in the circumstances set out in clause 8.1Clause 9.1, subject to the qualifications in clause 17.8Clause 17.7, and an application for a Performance Order shall be without prejudice to any other remedy available to the claimant under this contract (whether final or interim and whether or by way of appeal under the Network Code or otherwiseappeal).

Appears in 1 contract

Samples: Connection Contract

Performance Orders. A Performance Order: (a) is an order made under clause Clause 13.3.3(b), relating to a Relevant Dispute, whether by way of interim or final relief; and (b) may be applied for by Network Rail RfL(I) or the Train Operator in the circumstances set out in clause Clause 8.1, subject to the qualifications in clause Clause 17.8, and an application for a Performance Order shall be without prejudice to any other remedy available to the claimant under this contract (whether final or interim and whether by way of appeal under the CCOS Network Code or otherwise).

Appears in 1 contract

Samples: Track Access Contract

Performance Orders. A Performance Order: (a) is an order made under clause Clause 13.3.3(b), relating to a Relevant Dispute, whether by way of interim or final relief; andand‌ (b) may be applied for by Network Rail or the Train Operator in the circumstances set out in clause 8.1Clauses 8.1 and 9, subject to the qualifications in clause 17.8, Clause 17.8,‌ and an application for a Performance Order shall be without prejudice to any other remedy available to the claimant under this contract (whether final or interim and whether by way of appeal under the Network Code or otherwise).

Appears in 1 contract

Samples: Track Access Contract

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