Common use of Permission to operate the Services Clause in Contracts

Permission to operate the Services. 5.1.1 Subject to Clauses 5.1.2 to 5.1.7 (inclusive) and Clause 5.1.9, Network Rail: (a) grants to the Freight Customer the right to require Network Rail to secure that one or more Appointed Operators obtain permission from Network Rail to use the Network to enable any such Appointed Operator to operate the Services; and (b) acknowledges that to give effect to the Freight Customer's rights under Clause 5.1.1(a), Network Rail will be required to enter into one or more Operator Access Agreements with the relevant Appointed Operator pursuant to which Network Rail grants or will grant that Appointed Operator (among other things) permission to use the Network to enable that Appointed Operator to operate the Services. 5.1.2 The Freight Customer may exercise the right referred to in Clause 5.1.1 on one or more occasions at any time on or after the Drawdown Commencement Date by serving a Drawdown Notice on Network Rail and the Appointed Operator who will be operating the Services to which it relates (with a copy to XXX) in accordance with Clause 5.1.3. 5.1.3 A Drawdown Notice shall not be valid unless: (a) it has been: (i) xxxx completed and signed by the Freight Customer; and (ii) served by the Freight Customer on both Network Rail and the Appointed Operator who will be operating the Services to which it relates (in each case using the same delivery method) not later than 20 Working Days prior to the date on which the Freight Customer requires that Appointed Operator to start operating those Services; (b) it specifies: (i) the Services to which it relates by reference to the Service Characteristics of such Services; (ii) the Appointed Operator who will be responsible for operating those Services; (iii) the date and time on which each such Service shall cease to be operated by the Appointed Operator, which must be not later than the date and time on which the Freight Customer's rights under this contract in relation to such Service is scheduled to expire; (iv) the extent to which the Freight Customer has exercised any of its rights under Schedule 4 in relation to those Services; (v) whether or not the Appointed Operator shall be entitled to make Access Proposals, Rolled Over Access Proposals or Train Operator Variation Requests and exercise its rights under schedule 2 to its Operator Access Agreement in relation to those Services; and (vi) the Appointed Operator has entered into an Operator Access Agreement with Network Rail. 5.1.4 If Network Rail receives a Drawdown Notice from the Freight Customer, and Network Rail, acting reasonably, considers that Drawdown Notice to be invalid under Clause 5.1.3, Network Rail shall promptly notify the Freight Customer of that fact in writing, specifying why it considers such Drawdown Notice to be invalid. Any such notice shall also be copied to the relevant Appointed Operator and XXX. (a) Subject to Clause 5.1.5(b), the Freight Customer may not issue more than one Drawdown Notice in respect of the same Service. (b) If the Freight Customer has issued a Revocation Notice in respect of any Drawndown Service, the Freight Customer may issue a new Drawdown Notice in respect of such Drawndown Service so long as no more than one Appointed Operator has the right to operate such Drawndown Service at the same time. 5.1.6 Unless otherwise expressly specified in the relevant Drawdown Notice or this contract, the Freight Customer may not exercise its rights (including its Timetable Agent's Rights), and shall not be obliged to perform its obligations under any of Schedule 2 (Information to assist submitting an Access Proposal or Train Operator Variation Request), Schedule 4 (Variation to Services), Schedule 5 (Services) or Schedule 7 (Access Charges) in relation to the Drawndown Services specified in that Drawdown Notice to the extent that such rights and/or obligations are equivalent to the rights and/or obligations of the relevant Appointed Operator in relation to those Drawndown Services under the corresponding schedules to its Operator Access Agreement until such time as either: (a) the Freight Customer exercises its rights under Clause 5.1.7 in relation to such Drawndown Services; or (b) the Appointed Operator's rights to operate such Drawndown Services are otherwise terminated or expire (whether by effluxion of time or otherwise), provided that: (i) nothing in this Clause 5.1.6 shall prevent the Freight Customer from exercising its rights under this Clause 5.1; and (ii) the Appointed Operator shall remain liable for all obligations and liabilities that accrue under its Operator Access Agreement in relation to those Drawndown Services which are referable to the period from (and including) the date of the relevant Drawdown Notice to (and including) the date on which the Appointed Operator is no longer entitled to operate such Drawndown Services under its Operator Access Agreement.