Common use of Performance statements Clause in Contracts

Performance statements. Interim statements provided by Network Rail Using all reasonable endeavours, Network Rail shall provide to the Train Operator an interim statement listing all incidents which are in connection with Combined Network Services which were Planned to depart from their Origin during each day. Such interim statements shall be issued on the eighth day after the end of each particular day (or, if the eighth day is not a Working Day, on the next Working Day thereafter) indicating: which incidents are Attributable to the Train Operator and, in respect of such incidents, the Minutes Delay to Third Party Trains; which incidents are Attributable to Network Rail and, in respect of such incidents, the Minutes Delay to Combined Network Services; which incidents are Attributable to both the Train Operator and Network Rail, and in respect of such incidents (i) that portion of Minutes Delay to Third Party Trains which is allocated to the Train Operator and (ii) that portion of Minutes Delay to Combined Network Services which is allocated to Network Rail; and which incidents in categories (a) to (c) above remain, at the time of production of the interim statement, under further investigation following a referral by the Train Operator under Condition B2.3.2 of the Network Code or condition B2.3.2 of the CVL Network Code (as the case may be). As soon as reasonably practicable after the end of each Week, and using all reasonable endeavours to provide such interim statement within two Working Days after the end of each Week, Network Rail shall provide to the Train Operator an interim statement listing all Disruption Sums arising during that Week for which it believes the Train Operator is liable under paragraph 5 of Schedule 8. As soon as reasonably practicable after the end of each Charging Period, and using all reasonable endeavours to provide such interim statement within six Working Days after the end of each Charging Period, Network Rail shall provide to the Train Operator an interim statement listing: the total Combined Network Contract Miles; and the total number of Combined Network Services, in each case operated by the Train Operator during that Charging Period. Interim statements provided by the Train Operator As soon as reasonably practicable after the end of each Week, and using all reasonable endeavours to provide such interim statement within two Working Days after the end of each Week, the Train Operator shall provide to Network Rail the following interim statements: an interim statement listing (i) all Combined Network Cancellations occurring during that Week for which the Train Operator considers it is entitled to a Cancellation Sum, and (ii) any Combined Network Late Notice Cancellations for which the Train Operator considers it is entitled to a Late Notice Cancellation Sum, in each case under paragraph 8 of Schedule 8; an interim statement listing all Prolonged Disruptions occurring or continuing during that Week for which the Train Operator considers it is entitled to a Prolonged Disruption Sum under paragraph 7 of Schedule 8; and an interim statement listing all Service Variations arising during that Week for which the Train Operator considers it is entitled to a Service Variation Sum under Schedule 4. Dispute of interim statement Within two Working Days of receipt of any interim statement under paragraph 1, 2, 3 or 4 of this Appendix the recipient shall notify the provider of the interim statement of any reason why it disputes the interim statement by endorsing the interim statement and returning it to the provider of such statement. Within the next five Working Days after notification of any dispute under paragraph 5 above, nominated representatives of the parties shall meet and attempt to resolve that dispute. If any matter is still in dispute ten Working Days after the meeting held under paragraph 6 above, either party may refer such matter for resolution under paragraph 9.3.1 of Schedule 8. Deemed agreement Except to the extent that it has, within two Working Days of receipt, notified the provider of an interim statement under paragraph 5 above that it disputes the contents of such interim statement, the recipient shall be deemed to have agreed the contents of that statement. Period final statements After the resolution of any investigations listed in an interim statement in accordance with paragraph 1(d) above, and of any disputes notified under paragraph 5 above, Network Rail shall provide to the Train Operator a final statement in respect of each Charging Period, listing: the total Combined Network Cancellations and the aggregate of the Cancellation Sums payable under Schedule 8; the total Combined Network Late Notice Cancellations and the aggregate of the Late Notice Cancellation Sums payable under Schedule 8; the total Service Variations and the aggregate of the Service Variation Sums payable under Schedule 4; the aggregate of the Disruption Sums payable under Schedule 8; and the aggregate of the Prolonged Disruption Sums payable under Schedule 8, in each case applicable to Combined Network Services Planned to depart from their Origin during that Charging Period. After the resolution of any incidents referred for further investigation under Condition B2.3.2 of the Network Code or condition B2.3.2 of the CVL Network Code (as the case may be), Network Rail shall provide to the Train Operator a final statement in respect of each Charging Period, listing: the total Performance Sum for which Network Rail is liable under Schedule 8; and the total Performance Sum for which the Train Operator is liable under Schedule 8 in each case including such relevant calculations as the parties shall agree from time to time.

Performance statements. Interim statements provided by Network Rail the CVL IM Using all reasonable endeavours, Network Rail the CVL IM shall provide to the Train Operator an interim statement listing all incidents which are in connection with Combined Network Services which were Planned to depart from their Origin during each day. Such interim statements shall be issued on the eighth day after the end of each particular day (or, if the eighth day is not a Working Day, on the next Working Day thereafter) indicating: which incidents are Attributable to the Train Operator and, in respect of such incidents, the Minutes Delay to Third Party Trains; which incidents are Attributable to Network Rail the CVL IM and, in respect of such incidents, the Minutes Delay to Combined Network Services; which incidents are Attributable to both the Train Operator and Network Railthe CVL IM, and in respect of such incidents (i) that portion of Minutes Delay to Third Party Trains which is allocated to the Train Operator and (ii) that portion of Minutes Delay to Combined Network Services which is allocated to Network Railthe CVL IM; and which incidents in categories (a) to (c) above remain, at the time of production of the interim statement, under further investigation following a referral by the Train Operator under Condition B2.3.2 of the Network Code or condition B2.3.2 of the CVL Network Code (as the case may be)Code. As soon as reasonably practicable after the end of each Week, and using all reasonable endeavours to provide such interim statement within two Working Days after the end of each Week, Network Rail the CVL IM shall provide to the Train Operator an interim statement listing all Disruption Sums arising during that Week for which it believes the Train Operator is liable under paragraph 5 of Schedule 8. As soon as reasonably practicable after the end of each Charging Period, and using all reasonable endeavours to provide such interim statement within six Working Days after the end of each Charging Period, Network Rail the CVL IM shall provide to the Train Operator an interim statement listing: the total Combined Network Contract Miles; and the total number of Combined Network Services, in each case operated by the Train Operator during that Charging Period. Interim statements provided by the Train Operator As soon as reasonably practicable after the end of each Week, and using all reasonable endeavours to provide such interim statement within two Working Days after the end of each Week, the Train Operator shall provide to Network Rail the CVL IM the following interim statements: an interim statement listing (i) all Combined Network Cancellations occurring during that Week for which the Train Operator considers it is entitled to a Cancellation Sum, and (ii) any Combined Network Late Notice Cancellations for which the Train Operator considers it is entitled to a Late Notice Cancellation Sum, in each case under paragraph 8 of Schedule 8; an interim statement listing all Prolonged Disruptions occurring or continuing during that Week for which the Train Operator considers it is entitled to a Prolonged Disruption Sum under paragraph 7 of Schedule 8; and an interim statement listing all Service Variations arising during that Week for which the Train Operator considers it is entitled to a Service Variation Sum under Schedule 4. Dispute of interim statement Within two Working Days of receipt of any interim statement under paragraph 1, 2, 3 or 4 of this Appendix the recipient shall notify the provider of the interim statement of any reason why it disputes the interim statement by endorsing the interim statement and returning it to the provider of such statement. Within the next five Working Days after notification of any dispute under paragraph 5 above, nominated representatives of the parties shall meet and attempt to resolve that dispute. If any matter is still in dispute ten Working Days after the meeting held under paragraph 6 above, either party may refer such matter for resolution under paragraph 9.3.1 of Schedule 8. Deemed agreement Except to the extent that it has, within two Working Days of receipt, notified the provider of an interim statement under paragraph 5 above that it disputes the contents of such interim statement, the recipient shall be deemed to have agreed the contents of that statement. Period final statements After the resolution of any investigations listed in an interim statement in accordance with paragraph 1(d) above, and of any disputes notified under paragraph 5 above, Network Rail the CVL IM shall provide to the Train Operator a final statement in respect of each Charging Period, listing: the total Combined Network Cancellations and the aggregate of the Cancellation Sums payable under Schedule 8; the total Combined Network Late Notice Cancellations and the aggregate of the Late Notice Cancellation Sums payable under Schedule 8; the total Service Variations and the aggregate of the Service Variation Sums payable under Schedule 4; the aggregate of the Disruption Sums payable under Schedule 8; and the aggregate of the Prolonged Disruption Sums payable under Schedule 8, in each case applicable to Combined Network Services Planned to depart from their Origin during that Charging Period. After the resolution of any incidents referred for further investigation under Condition B2.3.2 of the CVL Network Code or condition B2.3.2 of Code, the CVL Network Code (as the case may be), Network Rail IM shall provide to the Train Operator a final statement in respect of each Charging Period, listing: the total Performance Sum for which Network Rail the CVL IM is liable under Schedule 8; and the total Performance Sum for which the Train Operator is liable under Schedule 8 in each case including such relevant calculations as the parties shall agree from time to time.

Performance statements. Interim statements provided by Network Rail Using all reasonable endeavours, Network Rail shall provide to the Train Operator an interim statement listing all incidents which are in connection with Combined Network Services which were Planned to depart from their Origin during each day. Such interim statements shall be issued on the eighth day after the end of each particular day (or, if the eighth day is not a Working Day, on the next Working Day thereafter) indicating: which incidents are Attributable to the Train Operator and, in respect of such incidents, the Minutes Delay to Third Party Trains; which incidents are Attributable to Network Rail and, in respect of such incidents, the Minutes Delay to Combined Network Services; which incidents are Attributable to both the Train Operator and Network Rail, and in respect of such incidents (i) that portion of Minutes Delay to Third Party Trains which is allocated to the Train Operator and (ii) that portion of Minutes Delay to Combined Network Services which is allocated to Network Rail; and which incidents in categories (a) to (c) above remain, at the time of production of the interim statement, under further investigation following a referral by the Train Operator under Condition B2.3.2 of the Network Code or condition B2.3.2 of the CVL Network Code (as the case may be). As soon as reasonably practicable after the end of each Week, and using all reasonable endeavours to provide such interim statement within two Working Days after the end of each Week, Network Rail shall provide to the Train Operator an interim statement listing all Disruption Sums arising during that Week for which it believes the Train Operator is liable under paragraph 5 of Schedule 8. As soon as reasonably practicable after the end of each Charging Period, and using all reasonable endeavours to provide such interim statement within six Working Days after the end of each Charging Period, Network Rail shall provide to the Train Operator an interim statement listing: the total Combined Network Contract Miles; and the total number of Combined Network Services, in each case operated by the Train Operator during that Charging Period. Interim statements provided by the Train Operator As soon as reasonably practicable after the end of each Week, and using all reasonable endeavours to provide such interim statement within two Working Days after the end of each Week, the Train Operator shall provide to Network Rail the following interim statements: an interim statement listing (i) all Combined Network Cancellations occurring during that Week for which the Train Operator considers it is entitled to a Cancellation Sum, and (ii) any Combined Network Late Notice Cancellations for which the Train Operator considers it is entitled to a Late Notice Cancellation Sum, in each case under paragraph 8 of Schedule 8; an interim statement listing all Prolonged Disruptions occurring or continuing during that Week for which the Train Operator considers it is entitled to a Prolonged Disruption Sum under paragraph 7 of Schedule 8; and an interim statement listing all Service Variations arising during that Week for which the Train Operator considers it is entitled to a Service Variation Sum under Schedule 4. Dispute of interim statement Within two Working Days of receipt of any interim statement under paragraph 1, 2, 3 or 4 of this Appendix the recipient shall notify the provider of the interim statement of any reason why it disputes the interim statement by endorsing the interim statement and returning it to the provider of such statement. Within the next five Working Days after notification of any dispute under paragraph 5 above, nominated representatives of the parties shall meet and attempt to resolve that dispute. If any matter is still in dispute ten Working Days after the meeting held under paragraph 6 above, either party may refer such matter for resolution under paragraph 9.3.1 of Schedule 8. Deemed agreement Except to the extent that it has, within two Working Days of receipt, notified the provider of an interim statement under paragraph 5 above that it disputes the contents of such interim statement, the recipient shall be deemed to have agreed the contents of that statement. Period final statements After the resolution of any investigations listed in an interim statement in accordance with paragraph 1(d) above, and of any disputes notified under paragraph 5 above, Network Rail shall provide to the Train Operator a final statement in respect of each Charging Period, listing: the total Combined Network Cancellations and the aggregate of the Cancellation Sums payable under Schedule 8; the total Combined Network Late Notice Cancellations and the aggregate of the Late Notice Cancellation Sums payable under Schedule 8; the total Service Variations and the aggregate of the Service Variation Sums payable under Schedule 4; the aggregate of the Disruption Sums payable under Schedule 8; and the aggregate of the Prolonged Disruption Sums payable under Schedule 8, in each case applicable to Combined Network Services Planned to depart from their Origin during that Charging Period. After the resolution of any incidents referred for further investigation under Condition B2.3.2 of the Network Code or condition B2.3.2 of the CVL Network Code (as the case may be), Network Rail shall provide to the Train Operator a final statement in respect of each Charging Period, listing: the total Performance Sum for which Network Rail is liable under Schedule 8; and the total Performance Sum for which the Train Operator is liable under Schedule 8 in each case including such relevant calculations as the parties shall agree from time to time.