Common use of Permanent variation to Train Paths Clause in Contracts

Permanent variation to Train Paths. (a) This clause 11.1 sets out the procedure to be followed by the parties if it is intended that a Train Path (including the number of Path Usages for that Train Path) is to be permanently varied. (b) A Train Path may be varied for the remainder of the Term (or for such other duration as may be agreed) if: (i) one party to this agreement (“Requesting Party”) sends a notice to the other party (“Notified Party”) stating: (A) that the Requesting Party wishes to vary the rights of the Access Holder to a Train Path; (B) the reason or reasons for the proposal by the Requesting Party; and (C) if the Requesting Party is ARTC, whether ARTC will relieve the Access Holder of its obligation to pay TOP Charges; (ii) subject to the qualifications set out in clauses 11.1(c), 11.1(f), 11.2- 11.4, 11.7, 16.3 and 16.4, the Notified Party consents to the Requesting Party’s proposed variation, such consent to be withheld only upon reasonable grounds. (c) For the purpose of clause 11.1(b)(ii) the Access Holder cannot withhold consent in the case of variations required: (i) by reason of ARTC’s obligations relating to safety of the Network; (ii) for the purpose of Passenger Priority; and (iii) for the purpose of maximising the use and the reliability of the Network, provided the variations do not materially adversely affect the Access Holder’s entitlement to the Path Usages set out in the Train Path Schedule Spreadsheet. (d) Subject to clauses 11.6, 16.3 and 16.4, the Requesting Party will give not less than 30 days’ notice of a variation request under clause 11.1(b)(i). (e) The Notified Party’s response as to whether it consents or not under clause 11.1(b)(ii) to the Requesting Party’s notice given under clause 11.1(b)(i) and if the Notified Party is ARTC, its response as to whether it will adjust the Access Holder’s TOP Charges, will be given to the Requesting Party within 28 days of such notice being received by the Notified Party or within such shorter time if reasonably practicable. If the Notified Party’s response is to refuse consent, the Notified Party will within such time also provide full reasons for refusal in writing to the Requesting Party. (f) Unless clause 11.1

Permanent variation to Train Paths. (a) This clause 11.1 sets out the procedure to be followed by the parties if it is intended that a Train Path (including the number of Path Usages for that Train Path) is to be permanently varied. (b) A Train Path may be varied for the remainder of the Term (or for such other duration as may be agreed) if: (i) one party to this agreement (“Requesting Party”) sends a notice to the other party (“Notified Party”) stating: (A) that the Requesting Party wishes to vary the rights of the Access Holder to a Train Path; (B) the reason or reasons for the proposal by the Requesting Party; and (C) if the Requesting Party is ARTC, whether ARTC will relieve the Access Holder of its obligation to pay TOP Charges; (ii) subject to the qualifications set out in clauses 11.1(c), 11.1(f), 11.2- 11.4, 11.7, 16.3 and 16.4, the Notified Party consents to the Requesting Party’s proposed variation, such consent to be withheld only upon reasonable grounds. (c) For the purpose of clause 11.1(b)(ii) the Access Holder cannot withhold consent in the case of variations required: (i) by reason of ARTC’s obligations relating to safety of the Network; (ii) for the purpose of Passenger Priority; and (iii) for the purpose of maximising the use and the reliability of the Network, provided the variations do not materially adversely affect the Access Holder’s entitlement to the Path Usages set out in the Train Path Schedule SpreadsheetSchedules. (d) Subject to clauses 11.6, 16.3 and 16.4, the Requesting Party will give not less than 30 days’ days notice of a variation request under clause 11.1(b)(i). (e) The Notified Party’s response as to whether it consents or not under clause 11.1(b)(ii) to the Requesting Party’s notice given under clause 11.1(b)(i) and if the Notified Party is ARTC, its response as to whether it will adjust the Access Holder’s TOP Charges, will be given to the Requesting Party within 28 days of such notice being received by the Notified Party or within such shorter time if reasonably practicable. If the Notified Party’s response is to refuse consent, the Notified Party will within such time also provide full reasons for refusal in writing to the Requesting Party. (f) Unless clause 11.1

Permanent variation to Train Paths. (a) This clause 11.1 sets out the procedure to be followed by the parties if it is intended that a Train Path (including the number of Path Usages for that Train Path) is to be permanently varied. (b) A Train Path may be varied for the remainder of the Term (or for such other duration as may be agreed) if: (i) one party to this agreement (“Requesting Party”) sends a notice to the other party (“Notified Party”) stating: (A) that the Requesting Party wishes to vary the rights of the Access Holder to a Train Path; (B) the reason or reasons for the proposal by the Requesting Party; and (C) if the Requesting Party is ARTC, whether ARTC will relieve the Access Holder of its obligation to pay TOP Charges; (ii) subject to the qualifications set out in clauses 11.1(c), 11.1(f), 11.2- 11.4, 11.7, 16.3 and 16.4, the Notified Party consents to the Requesting Party’s proposed variation, such consent to be withheld only upon reasonable grounds. (c) For the purpose of clause 11.1(b)(ii) the Access Holder cannot withhold consent in the case of variations required: (i) by reason of ARTC’s obligations relating to safety of the Network; (ii) for the purpose of Passenger Priority; and (iii) for the purpose of maximising the use and the reliability of the Network, provided the variations do not materially adversely affect the Access Holder’s entitlement to the Path Usages set out in the Train Path Schedule SpreadsheetSchedules. (d) Subject to clauses 11.6, 16.3 and 16.4, the Requesting Party will give not less than 30 days’ days notice of a variation request under clause 11.1(b)(i). (e) The Notified Party’s response as to whether it consents or not under clause 11.1(b)(ii) to the Requesting Party’s notice given under clause 11.1(b)(i) and if the Notified Party is ARTC, its response as to whether it will adjust the Access Holder’s TOP Charges, will be given to the Requesting Party within 28 days of such notice being received by the Notified Party or within such shorter time if reasonably practicable. If the Notified Party’s response is to refuse consent, the Notified Party will within such time also provide full reasons for refusal in writing to the Requesting Party. (f) Unless clause 11.111.1(c) applies or unless otherwise agreed by ARTC (in its absolute discretion), a variation agreed under this clause 11.1 will not relieve the Access Holder of its obligations to pay the TOP Charges. (g) If ARTC has advised the Access Holder, in accordance with clause 11.1(d) that it will not adjust the Access Holder’s TOP Charges, then the Access Holder is entitled to withdraw a notice provided under clause 11.1(b)(i), notwithstanding that ARTC may have consented to that notice.

Permanent variation to Train Paths. (a) This clause 11.1 sets out the procedure to be followed by the parties if it is intended that a Train Path (including the number of Path Usages for that Train Path) is to be permanently varied. (b) A Train Path may be varied for the remainder of the Term (or for such other duration as may be agreed) if: (i) one party to this agreement (“Requesting Party”) sends a notice to the other party (“Notified Party”) stating: (A) that the Requesting Party wishes to vary the rights of the Access Holder to a Train Path; (B) the reason or reasons for the proposal by the Requesting Party; and (C) if the Requesting Party is ARTC, whether ARTC will relieve the Access Holder of its obligation to pay TOP Charges; (ii) subject to the qualifications set out in clauses 11.1(c11.1(b)(iii), 11.1(f11.1(e), 11.2- 11.4, 11.7, 16.3 and 16.4, the Notified Party consents to the Requesting Party’s proposed variation, such consent to be withheld only upon reasonable grounds. (ciii) For the purpose of clause 11.1(b)(ii) the Access Holder cannot withhold consent in the case of variations required: (iA) by reason of ARTC’s obligations relating to safety of the Network; (iiB) for the purpose of Passenger Priority; and (iiiC) for the purpose of maximising the use and the reliability of the Network, provided the variations do not materially adversely affect the Access Holder’s entitlement to the Path Usages set out in the Train Path Schedule SpreadsheetSchedule. (dc) Subject to clauses 11.6, 16.3 and 16.4, the Requesting Party will give not less than 30 days’ days notice of a variation request under clause 11.1(b)(i). (ed) The Notified Party’s response as to whether it consents or not under clause 11.1(b)(ii) to the Requesting Party’s notice given under clause 11.1(b)(i) and if the Notified Party is ARTC, its response as to whether it will adjust the Access Holder’s Holder of its obligation to pay TOP Charges, will be given to the Requesting Party within 28 days of such notice being received by the Notified Party or within such shorter time if reasonably practicable. If the Notified Party’s response is to refuse consent, the Notified Party will within such time also provide full reasons for refusal in writing to the Requesting Party. (fe) Unless clause 11.111.1(b)(iii) applies or unless otherwise agreed by ARTC (in its absolute discretion), a variation agreed under this clause 11.1 will not relieve the Access Holder of its obligations to pay the TOP Charges. (f) If ARTC has advised the Access Holder, in accordance with clause 11.1(d) that it will not adjust the Access Holder’s TOP Charges, then the Access Holder is entitled to withdraw a notice provided under clause 11.1(b)(i), notwithstanding that ARTC may have consented to that notice.

Permanent variation to Train Paths. (a) This clause 11.1 sets out the procedure to be followed by the parties if it is intended that a Train Path (including the number of Path Usages for that Train Path) is to be permanently varied. (b) A Train Path may be varied for the remainder of the Term (or for such other duration as may be agreed) if: (i) one party to this agreement (“Requesting Party”) sends a notice to the other party (“Notified Party”) stating: (A) that the Requesting Party wishes to vary the rights of the Access Holder to a Train Path; (B) the reason or reasons for the proposal by the Requesting Party; and (C) if the Requesting Party is ARTC, whether ARTC will relieve the Access Holder of its obligation to pay TOP Charges; (ii) subject to the qualifications set out in clauses 11.1(c), 11.1(f), 11.2- 11.4, 11.7, 16.3 and 16.4, the Notified Party consents to the Requesting Party’s proposed variation, such consent to be withheld only upon reasonable grounds. (c) For the purpose of clause 11.1(b)(ii) the Access Holder cannot withhold consent in the case of variations required: (i) by reason of ARTC’s obligations relating to safety of the Network; (ii) for the purpose of Passenger Priority; and (iii) for the purpose of maximising the use and the reliability of the Network, provided the variations do not materially adversely affect the Access Holder’s entitlement to the Path Usages set out in the Train Path Schedule SchedulesSchedule Spreadsheet. (d) Subject to clauses 11.6, 16.3 and 16.4, the Requesting Party will give not less than 30 daysdays ’ notice of a variation request under clause 11.1(b)(i). (e) The Notified Party’s response as to whether it consents or not under clause 11.1(b)(ii) to the Requesting Party’s notice given under clause 11.1(b)(i) and if the Notified Party is ARTC, its response as to whether it will adjust the Access Holder’s TOP Charges, will be given to the Requesting Party within 28 days of such notice being received by the Notified Party or within such shorter time if reasonably practicable. If the Notified Party’s response is to refuse consent, the Notified Party will within such time also provide full reasons for refusal in writing to the Requesting Party. (f) Unless clause 11.1

Permanent variation to Train Paths. (a) This clause 11.1 sets out the procedure to be followed by the parties if it is intended that a Train Path (including the number of Path Usages for that Train Path) is to be permanently varied. (b) A Train Path may be varied for the remainder of the Term (or for such other duration as may be agreed) if: (i) one party to this agreement (“Requesting Party”) sends a notice to the other party (“Notified Party”) stating: (A) that the Requesting Party wishes to vary the rights of the Access Holder to a Train Path; (B) the reason or reasons for the proposal by the Requesting Party; and (C) if the Requesting Party is ARTC, whether ARTC will relieve the Access Holder of its obligation to pay TOP Charges; (ii) subject to the qualifications set out in clauses 11.1(c11.1(b)(iii), 11.1(f11.1(e), 11.2- 11.4, 11.711.6, 16.3 and 16.4, the Notified Party consents to the Requesting Party’s proposed variation, such consent to be withheld only upon reasonable grounds. (ciii) For the purpose of clause 11.1(b)(ii) the Access Holder cannot withhold consent in the case of variations required: (iA) by reason of ARTC’s obligations relating to safety of the Network; (iiB) for the purpose of Passenger Priority; and (iiiC) for the purpose of maximising the use and the reliability of the Network, . provided the variations do not materially adversely affect the Access Holder’s entitlement to the Path Usages set out in the Train Path Schedule SpreadsheetSchedule. (dc) Subject to clauses 11.6, 16.3 and 16.4, the Requesting Party will give not less than 30 days’ days notice of a variation request under clause 11.1(b)(i). (ed) The Notified Party’s response as to whether it consents or not under clause 11.1(b)(ii) to the Requesting Party’s notice given under clause 11.1(b)(i) and if the Notified Party is ARTC, its response as to whether it will adjust the Access Holder’s Holder of its obligation to pay TOP Charges, will be given to the Requesting Party within 28 days of such notice being received by the Notified Party or within such shorter time if reasonably practicable. If the Notified Party’s response is to refuse consent, the Notified Party will within such time also provide full reasons for refusal in writing to the Requesting Party. (fe) Unless clause 11.111.1(b)(iii) applies or unless otherwise agreed by ARTC (in its absolute discretion), a variation agreed under this clause 11.1 will not relieve the Access Holder of its obligations to pay the TOP Charges. (f) If ARTC has advised the Access Holder, in accordance with clause 11.1(d) that it will not adjust the Access Holder’s TOP Charges, then the Access Holder is entitled to withdraw a notice provided under clause 11.1(b)(i), notwithstanding that ARTC may have consented to that notice.

Permanent variation to Train Paths. (a) This clause 11.1 sets out the procedure to be followed by the parties if it is intended that a Train Path (including the number of Path Usages for that Train Path) is to be permanently varied. (b) A Train Path may be varied for the remainder of the Term (or for such other duration as may be agreed) if: (i) one party to this agreement (“Requesting Party”) sends a notice to the other party (“Notified Party”) stating: (A) that the Requesting Party wishes to vary the rights of the Access Holder to a Train Path; (B) the reason or reasons for the proposal by the Requesting Party; and (C) if the Requesting Party is ARTC, whether ARTC will relieve the Access Holder of its obligation to pay TOP Charges; (ii) subject to the qualifications set out in clauses 11.1(c11.1(b)(iii), 11.1(f11.1(e), 11.2- 11.4, 11.7, 16.3 and 16.4, the Notified Party consents to the Requesting Party’s proposed variation, such consent to be withheld only upon reasonable grounds.grounds.‌ (ciii) For the purpose of clause 11.1(b)(ii) the Access Holder cannot withhold consent in the case of variations required: (iA) by reason of ARTC’s obligations relating to safety of the Network; (iiB) for the purpose of Passenger Priority; and (iiiC) for the purpose of maximising the use and the reliability of the Network, provided the variations do not materially adversely affect the Access Holder’s entitlement to the Path Usages set out in the Train Path Schedule SpreadsheetSchedule. (dc) Subject to clauses 11.6, 16.3 and 16.4, the Requesting Party will give not less than 30 days’ days notice of a variation request under clause 11.1(b)(i). (ed) The Notified Party’s response as to whether it consents or not under clause 11.1(b)(ii) to the Requesting Party’s notice given under clause 11.1(b)(i) and if the Notified Party is ARTC, its response as to whether it will adjust the Access Holder’s Holder of its obligation to pay TOP Charges, will be given to the Requesting Party within 28 days of such notice being received by the Notified Party or within such shorter time if reasonably practicable. If the Notified Party’s response is to refuse consent, the Notified Party will within such time also provide full reasons for refusal in writing to the Requesting Party. (fe) Unless clause 11.111.1(b)(iii) applies or unless otherwise agreed by ARTC (in its absolute discretion), a variation agreed under this clause 11.1 will not relieve the Access Holder of its obligations to pay the TOP Charges. (f) If ARTC has advised the Access Holder, in accordance with clause 11.1(d) that it will not adjust the Access Holder’s TOP Charges, then the Access Holder is entitled to withdraw a notice provided under clause 11.1(b)(i), notwithstanding that ARTC may have consented to that notice.

Permanent variation to Train Paths. (a) This clause 11.1 sets out the procedure to be followed by the parties if it is intended that a Train Path (including the number of Path Usages for that Train Path) is to be permanently varied. (b) A Train Path may be varied for the remainder of the Term (or for such other duration as may be agreed) if: (i) one party to this agreement (“Requesting Party”) sends a notice to the other party (“Notified Party”) stating: (A) that the Requesting Party wishes to vary the rights of the Access Holder to a Train Path; (B) the reason or reasons for the proposal by the Requesting Party; and (C) if the Requesting Party is ARTC, whether ARTC will relieve the Access Holder of its obligation to pay TOP Charges; (ii) subject to the qualifications set out in clauses 11.1(c), 11.1(f), 11.2- 11.4, 11.7, 16.3 and 16.4, the Notified Party consents to the Requesting Party’s proposed variation, such consent to be withheld only upon reasonable grounds. (iii) (c) For the purpose of clause 11.1(b)(ii) the Access Holder cannot withhold consent in the case of variations required: (A) (i) by reason of ARTC’s obligations relating to safety of the Network; (B) (ii) for the purpose of Passenger Priority; and (C) (iii) for the purpose of maximising the use and the reliability of the Network, provided the variations do not materially adversely affect the Access Holder’s entitlement to the Path Usages set out in the Train Path Schedule SpreadsheetSchedules. (c) (d) Subject to clauses 11.6, 16.3 and 16.4, the Requesting Party will give not less than 30 days’ days notice of a variation request under clause 11.1(b)(i). (d) (e) The Notified Party’s response as to whether it consents or not under clause 11.1(b)(ii) to the Requesting Party’s notice given under clause 11.1(b)(i) and if the Notified Party is ARTC, its response as to whether it will adjust the Access Holder of its obligation to pay Holder’s TOP Charges, will be given to the Requesting Party within 28 days of such notice being received by the Notified Party or within such shorter time if reasonably practicable. If the Notified Party’s response is to refuse consent, the Notified Party will within such time also provide full reasons for refusal in writing to the Requesting Party. (f) Unless clause 11.1

Permanent variation to Train Paths. (a) This clause 11.1 sets out the procedure to be followed by the parties if it is intended that a Train Path (including the number of Path Usages for that Train Path) is to be permanently varied. (b) A Train Path may be varied for the remainder of the Term (or for such other duration as may be agreed) if: (i) one party to this agreement (“Requesting Party”) sends a notice to the other party (“Notified Party”) stating: (A) that the Requesting Party wishes to vary the rights of the Access Holder to a Train Path; (B) the reason or reasons for the proposal by the Requesting Party; and (C) if the Requesting Party is ARTC, whether ARTC will relieve the Access Holder of its obligation to pay TOP Charges; (ii) subject to the qualifications set out in clauses 11.1(c11.1(b)(iii), 11.1(f11.1(e), 11.2- 11.4, 11.711.2 to 11.5, 16.3 and 16.4, the Notified Party consents to the Requesting Party’s proposed variation, such consent to be withheld only upon reasonable grounds. (ciii) For the purpose of clause 11.1(b)(ii) the Access Holder cannot withhold consent in the case of variations required: (iA) by reason of ARTC’s obligations relating to safety of the Network; (iiB) for the purpose of Passenger Priority; and (iiiC) only in the case of variations which do not adversely affect the Access Holder’s entitlement to Path Usages, for the purpose of maximising the use and the reliability of the Network, provided the variations do not materially adversely affect the Access Holder’s entitlement to the Path Usages set out in the Train Path Schedule Spreadsheet. (dc) Subject to clauses 11.611.2 to 11.5, 16.3 and 16.4, the Requesting Party will give not less than 30 days’ days notice of a variation request under clause 11.1(b)(i). (ed) The Notified Party’s response as to whether it consents or not under clause 11.1(b)(ii) to the Requesting Party’s notice given under clause 11.1(b)(i) and if the Notified Party is ARTC, its response as to whether it will adjust the Access Holder’s TOP Charges, will be given to the Requesting Party within 28 days of such notice being received by the Notified Party or within such shorter time if reasonably practicable. If the Notified Party’s response is to refuse consent, the Notified Party will within such time also provide full reasons for refusal in writing to the Requesting Party.under (fe) Unless clause 11.111.1(b)(iii) applies or unless otherwise agreed by ARTC (in its absolute discretion), a variation agreed under this clause 11.1 will not relieve the Access Holder of its obligations to pay the TOP Charges.

Permanent variation to Train Paths. (a) This clause 11.1 sets out the procedure to be followed by the parties if it is intended that a Train Path (including the number of Path Usages for that Train Path) is to be permanently varied. (b) A Train Path may be varied for the remainder of the Term (or for such other duration as may be agreed) if: (i) one party to this agreement (“Requesting Party”) sends a notice to the other party (“Notified Party”) stating: (A) that the Requesting Party wishes to vary the rights of the Access Holder to a Train Path; (B) the reason or reasons for the proposal by the Requesting Party; and (C) if the Requesting Party is ARTC, whether ARTC will relieve the Access Holder of its obligation to pay TOP ChargesCharges and Innovation Charges to the extent applicable; (ii) subject to the qualifications set out in clauses 11.1(c), 11.1(f), 11.2- 11.4, 11.7, 16.3 and 16.4, the Notified Party consents to the Requesting Party’s proposed variation, such consent to be withheld only upon reasonable grounds. (c) For the purpose of clause 11.1(b)(ii) the Access Holder cannot withhold consent in the case of variations required: (i) by reason of ARTC’s obligations relating to safety of the Network; (ii) for the purpose of Passenger Priority; and (iii) for the purpose of maximising the use and the reliability of the Network, provided the variations do not materially adversely affect the Access Holder’s entitlement to the Path Usages set out in the Train Path Schedule SpreadsheetSchedules. (d) Subject to clauses 11.6, 16.3 and 16.4, the Requesting Party will give not less than 30 days’ days notice of a variation request under clause 11.1(b)(i). (e) The Notified Party’s response as to whether it consents or not under clause 11.1(b)(ii) to the Requesting Party’s notice given under clause 11.1(b)(i) and if the Notified Party is ARTC, its response as to whether it will adjust the Access Holder’s TOP Charges (and to the extent applicable, the Innovation Charges), will be given to the Requesting Party within 28 days of such notice being received by the Notified Party or within such shorter time if reasonably practicable. If the Notified Party’s response is to refuse consent, the Notified Party will within such time also provide full reasons for refusal in writing to the Requesting Party. (f) Unless clause 11.1

Permanent variation to Train Paths. (a) This clause 11.1 sets out the procedure to be followed by the parties if it is intended that a Train Path (including the number of Path Usages for that Train Path) is to be permanently varied. (b) A Train Path may be varied for the remainder of the Term (or for such other duration as may be agreed) if: (i) one party to this agreement (“Requesting Party”) sends a notice to the other party (“Notified Party”) stating: (A) that the Requesting Party wishes to vary the rights of the Access Holder to a Train Path; (B) the reason or reasons for the proposal by the Requesting Party; and (C) if the Requesting Party is ARTC, whether ARTC will relieve the Access Holder of its obligation to pay TOP Charges; (ii) subject to the qualifications set out in clauses 11.1(c), 11.1(f), 11.2- 11.4, 11.7, 16.3 and 16.4, the Notified Party consents to the Requesting Party’s proposed variation, such consent to be withheld only upon reasonable grounds. (c) For the purpose of clause 11.1(b)(ii) the Access Holder cannot withhold consent in the case of variations required: (i) by reason of ARTC’s obligations relating to safety of the Network; (ii) for the purpose of Passenger Priority; and (iii) for the purpose of maximising the use and the reliability of the Network, provided the variations do not materially adversely affect the Access Holder’s entitlement to the Path Usages set out in the Train Path Schedule Spreadsheet. (d) Subject to clauses 11.6, 16.3 and 16.4, the Requesting Party will give not less than 30 days’ notice of a variation request under clause 11.1(b)(i). (e) The Notified Party’s response as to whether it consents or not under clause 11.1(b)(ii) to the Requesting Party’s notice given under clause 11.1(b)(i) and if the Notified Party is ARTC, its response as to whether it will adjust the Access Holder’s TOP Charges, will be given to the Requesting Party within 28 days of such notice being received by the Notified Party or within such shorter time if reasonably practicable. If the Notified Party’s response is to refuse consent, the Notified Party will within such time also provide full reasons for refusal in writing to the Requesting Party. (f) Unless clause 11.111.1(c) applies or unless otherwise agreed by ARTC (in its absolute discretion), a variation agreed under this clause 11.1 will not relieve the Access Holder of its obligations to pay the TOP Charges. (g) If ARTC has advised the Access Holder, in accordance with clause 11.1(d) that it will not adjust the Access Holder’s TOP Charges, then the Access Holder is entitled to withdraw a notice provided under clause 11.1(b)(i), notwithstanding that ARTC may have consented to that notice.