Common use of Procedure for amendment of the Rights Table Clause in Contracts

Procedure for amendment of the Rights Table. (a) The party who wishes to amend the Rights Table shall notify the other party of any such proposed change and the date from which it proposes that such change will have effect provided that: (i) the amendment may only take effect on a Principal Change Date or Subsidiary Change Date, but in any event shall not take effect before the Principal Change Date in 2019; and (ii) the notice must be given on or before the first day of the month 15 months before the relevant Principal Change Date or the Subsidiary Change Date as the case may be. (b) Any notice under paragraph 5.2(a) shall specify that party’s proposed amendments to the extent of the window in either or both of the columns headed "Arrival Window" or "Departure Window", and be accompanied by information in reasonable detail supporting the change proposed and setting out the reasons for it. (c) If the party receiving a notice issued under paragraph 5.2(a) agrees that the Rights Table should be amended in accordance with that notice, then it shall as soon as reasonably practicable (and in any event no later than 20 Working Days) after receiving that notice respond in writing setting out its agreement. The parties shall then ensure that XXX is furnished with the agreed amendment and such information and evidence as XXX requires to decide whether or not to approve the amendment. (d) If the party receiving a notice issued under paragraph 5.2(a) does not agree that the Rights Table should be amended in accordance with that notice, then it shall respond to that notice in writing in reasonable detail and with reasons for its response within 20 Working Days of service of such notice. Promptly (and in any event within 20 Working Days) following the service of such written notice of disagreement, the parties shall endeavour to agree whether the Rights Table should be amended in accordance with this paragraph 5 and, if so, the amendments. If they do so agree, the parties shall then ensure that XXX is furnished with the agreed amendment and such information and evidence as XXX requires to decide whether or not to approve the amendment. (e) If the parties fail to reach agreement within 40 Working Days of service of a notice under paragraph 5.2(a), or if prior to that date both parties agree that agreement is unlikely to be reached within that period: (i) either party may notify XXX; and (ii) the parties shall furnish XXX with such information and evidence as XXX shall require in order to determine the matter, such determination to be binding on the parties. (f) In making its determination under paragraph 5.2(e)(ii), XXX shall have regard to the information and evidence provided by the parties, and the duties set out in section 4 of the Act. (g) An amendment to the Rights Table shall take effect only when it has been approved (in the case of an amendment agreed by the parties) or determined (in the case of a proposal referred to XXX under paragraph 5.2(e)) in writing by XXX, and shall apply from the relevant Principal Change Date proposed by the party requesting the change (in accordance with paragraph 5.2(a)).

Appears in 3 contracts

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

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Procedure for amendment of the Rights Table. (a) The party who wishes to amend the Rights Table shall notify the other party of any such proposed change and the date from which it proposes that such change will have effect provided that: (i) the amendment may only take effect on a Principal Change Date or Subsidiary Change Date, but in any event shall not take effect before the Principal Change Date in 2019; and (ii) the notice must be given on or before the first day of the month 15 months before the relevant Principal Change Date or the Subsidiary Change Date as the case may be. (b) Any notice under paragraph 5.2(a) shall specify that party’s proposed amendments to the extent of the window in either or both of the columns headed "Arrival Window" or "Departure Window", and be accompanied by information in reasonable detail supporting the change proposed and setting out the reasons for it. (c) If the party receiving a notice issued under paragraph 5.2(a) agrees that the Rights Table should be amended in accordance with that notice, then it shall as soon as reasonably practicable (and in any event no later than 20 Working Days) after receiving that notice respond in writing setting out its agreement. The parties shall then ensure that XXX is furnished with the agreed amendment and such information and evidence as XXX requires to decide whether or not to approve the amendment. (d) If the party receiving a notice issued under paragraph 5.2(a) does not agree that the Rights Table should be amended in accordance with that notice, then it shall respond to that notice in writing in reasonable detail and with reasons for its response within 20 Working Days of service of such notice. Promptly (and in any event within 20 Working Days) following the service of such written notice of disagreement, the parties shall endeavour to agree whether the Rights Table should be amended in accordance with this paragraph 5 and, if so, the amendments. If they do so agree, the parties shall then ensure that XXX is furnished with the agreed amendment and such information and evidence as XXX requires to decide whether or not to approve the amendment. (e) If the parties fail to reach agreement within 40 Working Days of service of a notice under paragraph 5.2(a), or if prior to that date both parties agree that agreement is unlikely to be reached within that period: (i) either party may notify XXX; and (ii) the parties shall furnish XXX with such information and evidence as XXX shall require in order to determine the matter, such determination to be binding on the parties. (f) In making its determination under paragraph 5.2(e)(ii), XXX shall have regard to the information and evidence provided by the parties, and the duties set out in section 4 of the Act. (g) An amendment to the Rights Table shall take effect only when it has been approved (in the case of an amendment agreed by the parties) or determined (in the case of a proposal referred to XXX under paragraph 5.2(e)) in writing by XXX, and shall apply from the relevant Principal Change Date proposed by the party requesting the change (in accordance with paragraph 5.2(a)).

Appears in 3 contracts

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

Procedure for amendment of the Rights Table. (a) The party who wishes to amend the Rights Table shall notify the other party of any such proposed change and the date from which it proposes that such change will have effect provided that: (i) the amendment may only take effect on a Principal Change Date or Subsidiary Change Date, but in any event shall not take effect before the Principal Change Date in 2019; and (ii) the notice must be given on or before the first day of the month 15 months before the relevant Principal Change Date or the Subsidiary Change Date as the case may be. (b) Any notice under paragraph 5.2(a) shall specify that party’s proposed amendments to the extent of the window in either or both of the columns headed "Arrival Window" or "Departure Window", and be accompanied by information in reasonable detail supporting the change proposed and setting out the reasons for it. (c) If the party receiving a notice issued under paragraph 5.2(a) agrees that the Rights Table should be amended in accordance with that notice, then it shall as soon as reasonably practicable (and in any event no later than 20 Working Days) after receiving that notice respond in writing setting out its agreement. The parties shall then ensure that XXX is furnished with the agreed amendment and such information and evidence as XXX requires to decide whether or not to approve the amendment. (d) If the party receiving a notice issued under paragraph 5.2(a) does not agree that the Rights Table should be amended in accordance with that notice, then it shall respond to that notice in writing in reasonable detail and with reasons for its response within 20 Working Days of service of such notice. Promptly (and in any event within 20 Working Days) following the service of such written notice of disagreement, the parties shall endeavour to agree whether the Rights Table should be amended in accordance with this paragraph 5 and, if so, the amendments. If they do so agree, the parties shall then ensure that XXX is furnished with the agreed amendment and such information and evidence as XXX requires to decide whether or not to approve the amendment. (e) If the parties fail to reach agreement within 40 Working Days of service of a notice under paragraph 5.2(a), or if prior to that date both parties agree that agreement is unlikely to be reached within that period: (i) either party may notify XXX; and (ii) the parties shall furnish XXX with such information and evidence as XXX shall require in order to determine the matter, such determination to be binding on the parties. (f) In making its determination under paragraph 5.2(e)(ii), XXX shall have regard to the information and evidence provided by the parties, and the duties set out in section 4 of the Act. (g) An amendment to the Rights Table shall take effect only when it has been approved (in the case of an amendment agreed by the parties) or determined (in the case of a proposal referred to XXX under paragraph 5.2(e)) in writing by XXX, and shall apply from the relevant Principal Change Date proposed by the party requesting the change (in accordance with paragraph 5.2(a)).. Rights Table A B C Annex 1: Schedule 5 Rights Table Service characteristics For Information - not part of contract Origin Data Destination Data Additional Data Equipment Characteristics Service Group Reference Flow No Train Reporting Number Minimum Turn Around Time at Origin Days per Week Departure Window From Departure Window To Origin Origin Stanox Destination Arrival Window From Arrival Window To Destination Stanox Minimum Turn Around Time at Destination Routing Intermediate Points Minimum Dwell Time at Intermediate Point Special Terms Timing Load Maximum Length of Train Route Availability (RA) Loading Gauge Contract Miles ; ;

Appears in 3 contracts

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

Procedure for amendment of the Rights Table. (a) The party who wishes to amend the Rights Table shall notify the other party of any such proposed change and the date from which it proposes that such change will have effect provided that: (i) the amendment may only take effect on a Principal Change Date or Subsidiary Change Date, but in any event shall not take effect before the Principal Change Date in 2019; and (ii) the notice must be given on or before the first day of the month 15 months before the relevant Principal Change Date or the Subsidiary Change Date as the case may be. (b) Any notice under paragraph 5.2(a) shall specify that party’s 's proposed amendments to the extent of the window in either or both of the columns headed "Arrival Window" or "Departure Window", and be accompanied by information in reasonable detail supporting the change proposed and setting out the reasons for it. (c) If the party receiving a notice issued under paragraph 5.2(a) agrees that the Rights Table should be amended in accordance with that notice, then it shall as soon as reasonably practicable (and in any event no later than 20 Working Days) after receiving that notice respond in writing setting out its agreement. The parties shall then ensure that XXX is furnished with the agreed amendment and such information and evidence as XXX requires to decide whether or not to approve the amendment. (d) If the party receiving a notice issued under paragraph 5.2(a) does not agree that the Rights Table should be amended in accordance with that notice, then it shall respond to that notice in writing in reasonable detail and with reasons for its response within 20 Working Days of service of such notice. Promptly (and in any event within 20 Working Days) following the service of such written notice of disagreement, the parties shall endeavour to agree whether the Rights Table should be amended in accordance with this paragraph 5 and, if so, the amendments. If they do so agree, the parties shall then ensure that XXX is furnished with the agreed amendment and such information and evidence as XXX requires to decide whether or not to approve the amendment. (e) If the parties fail to reach agreement within 40 Working Days of service of a notice under paragraph 5.2(a), or if prior to that date both parties agree that agreement is unlikely to be reached within that period: (i) either party may notify XXX; and (ii) the parties shall furnish XXX with such information and evidence as XXX shall require in order to determine the matter, such determination to be binding on the parties. (f) In making its determination under paragraph 5.2(e)(ii), XXX shall have regard to the information and evidence provided by the parties, and the duties set out in section 4 of the Act. (g) An amendment to the Rights Table shall take effect only when it has been approved (in the case of an amendment agreed by the parties) or determined (in the case of a proposal referred to XXX under paragraph 5.2(e)) in writing by XXX, and shall apply from the relevant Principal Change Date proposed by the party requesting the change (in accordance with paragraph 5.2(a)).. Annex 1: Rights Table A B C Annex 1: Schedule 5 Rights Table Service characteristics For Information - not part of contract Origin Data Destination Data Additional Data Equipment Characteristics Service Group Reference Flow No Train Reporting Number Minimum Turn Around Time at Origin Days per Week Departure Window From Departure Window To Origin Origin Stanox Destination Arrival Window From Arrival Window To Destination Stanox Minimum Turn Around Time at Destination Routing Intermediate Points Minimum Dwell Time at Intermediate Point Special Terms Timing Load Maximum Length of Train Route Availability (RA) Loading Gauge Contract Miles ; ;

Appears in 2 contracts

Samples: Track Access Agreement, Track Access Contract

Procedure for amendment of the Rights Table. (a) The party who wishes to amend the Rights Table shall notify the other party of any such proposed change and the date from which it proposes that such change will have effect provided that: (i) the amendment may only take effect on a Principal Change Date or Subsidiary Change Date, but in any event shall not take effect before the Principal Change Date in 20192022 (save to the extent that any proposed change is to align with a change to the Rights Table contained in the Network Rail Track Access Agreement, where, in such case, the parties shall use reasonable endeavours to align the timing of such amendments); and (ii) the notice must be given on or before the first day of the month 15 months before the relevant Principal Change Date or the Subsidiary Change Date as the case may be. (b) Any notice under paragraph 5.2(a) shall specify that party’s proposed amendments to the extent of the window in either or both of the columns headed "Arrival Window" or "Departure Window", and be accompanied by information in reasonable detail supporting the change proposed and setting out the reasons for it, including any changes to related rights under the Network Rail Track Access Agreement. (c) If the party receiving a notice issued under paragraph 5.2(a) agrees that the Rights Table should be amended in accordance with that notice, then it shall as soon as reasonably practicable (and in any event no later than 20 Working Days) after receiving that notice respond in writing setting out its agreement. The parties shall then ensure that XXX is furnished with the agreed amendment and such information and evidence as XXX requires to decide whether or not to approve the amendment. (d) If the party receiving a notice issued under paragraph 5.2(a) does not agree that the Rights Table should be amended in accordance with that notice, then it shall respond to that notice in writing in reasonable detail and with reasons for its response within 20 Working Days of service of such notice. Promptly (and in any event within 20 Working Days) following the service of such written notice of disagreement, the parties shall endeavour to agree whether the Rights Table should be amended in accordance with this paragraph 5 and, if so, the amendments. If they do so agree, the parties shall then ensure that XXX is furnished with the agreed amendment and such information and evidence as XXX requires to decide whether or not to approve the amendment. (e) If the parties fail to reach agreement within 40 Working Days of service of a notice under paragraph 5.2(a), or if prior to that date both parties agree that agreement is unlikely to be reached within that period: (i) either party may notify XXX; and (ii) the parties shall furnish XXX with such information and evidence as XXX shall require in order to determine the matter, such determination to be binding on the parties. (f) In making its determination under paragraph 5.2(e)(ii), XXX shall have regard to the information and evidence provided by the parties, and the duties set out in section 4 of the Act. (g) An amendment to the Rights Table shall take effect only when it has been approved (in the case of an amendment agreed by the parties) or determined (in the case of a proposal referred to XXX under paragraph 5.2(e)) in writing by XXX, and shall apply from the relevant Principal Change Date proposed by the party requesting the change (in accordance with paragraph 5.2(a)).. DocuSign Envelope ID: 479DC742-DDED-452D-B734-F57B4F2C6266 A B C Service characteristics

Appears in 2 contracts

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

Procedure for amendment of the Rights Table. (a) The party who wishes to amend the Rights Table shall notify the other party of any such proposed change and the date from which it proposes that such change will have effect provided that: (i) : the amendment may only take effect on a Principal Change Date or Subsidiary Change Date, but in any event shall not take effect before the Principal Change Date in 2019; and (ii) and the notice must be given on or before the first day of the month 15 months before the relevant Principal Change Date or the Subsidiary Change Date as the case may be. (b) . Any notice under paragraph 5.2(a) shall specify that party’s proposed amendments to the extent of the window in either or both of the columns headed "Arrival Window" or "Departure Window", and be accompanied by information in reasonable detail supporting the change proposed and setting out the reasons for it. (c) . If the party receiving a notice issued under paragraph 5.2(a) agrees that the Rights Table should be amended in accordance with that notice, then it shall as soon as reasonably practicable (and in any event no later than 20 Working Days) after receiving that notice respond in writing setting out its agreement. The parties shall then ensure that XXX is furnished with the agreed amendment and such information and evidence as XXX requires to decide whether or not to approve the amendment. (d) . If the party receiving a notice issued under paragraph 5.2(a) does not agree that the Rights Table should be amended in accordance with that notice, then it shall respond to that notice in writing in reasonable detail and with reasons for its response within 20 Working Days of service of such notice. Promptly (and in any event within 20 Working Days) following the service of such written notice of disagreement, the parties shall endeavour to agree whether the Rights Table should be amended in accordance with this paragraph 5 and, if so, the amendments. If they do so agree, the parties shall then ensure that XXX is furnished with the agreed amendment and such information and evidence as XXX requires to decide whether or not to approve the amendment. (e) . If the parties fail to reach agreement within 40 Working Days of service of a notice under paragraph 5.2(a), or if prior to that date both parties agree that agreement is unlikely to be reached within that period: (i) : either party may notify XXX; and (ii) and the parties shall furnish XXX with such information and evidence as XXX shall require in order to determine the matter, such determination to be binding on the parties. (f) . In making its determination under paragraph 5.2(e)(ii), XXX shall have regard to the information and evidence provided by the parties, and the duties set out in section 4 of the Act. (g) . An amendment to the Rights Table shall take effect only when it has been approved (in the case of an amendment agreed by the parties) or determined (in the case of a proposal referred to XXX under paragraph 5.2(e)) in writing by XXX, and shall apply from the relevant Principal Change Date proposed by the party requesting the change (in accordance with paragraph 5.2(a)).. Annex 1 Rights Table Schedule 6 (Events of Default, suspension and termination)

Appears in 2 contracts

Samples: Track Access Contract, Track Access Contract

Procedure for amendment of the Rights Table. (a) The party who wishes to amend the Rights Table shall notify the other party of any such proposed change and the date from which it proposes that such change will have effect provided that:that:‌ (i) the amendment may only take effect on a Principal Change Date or Subsidiary Change Date, but in any event shall not take effect before the Principal Change Date in 2019; andand‌ (ii) the notice must be given on or before the first day of the month 15 months before the relevant Principal Change Date or the Subsidiary Change Date as the case may be.be.‌ (b) Any notice under paragraph 5.2(a) shall specify that party’s proposed amendments to the extent of the window in either or both of the columns headed "Arrival Window" or "Departure Window", and be accompanied by information in reasonable detail supporting the change proposed and setting out the reasons for it.it.‌ (c) If the party receiving a notice issued under paragraph 5.2(a) agrees that the Rights Table should be amended in accordance with that notice, then it shall as soon as reasonably practicable (and in any event no later than 20 Working Days) after receiving that notice respond in writing setting out its agreement. The parties shall then ensure that XXX is furnished with the agreed amendment and such information and evidence as XXX requires to decide whether or not to approve the amendment.amendment.‌ (d) If the party receiving a notice issued under paragraph 5.2(a) does not agree that the Rights Table should be amended in accordance with that notice, then it shall respond to that notice in writing in reasonable detail and with reasons for its response within 20 Working Days of service of such notice. Promptly (and in any event within 20 Working Days) following the service of such written notice of disagreement, the parties shall endeavour to agree whether the Rights Table should be amended in accordance with this paragraph 5 and, if so, the amendments. If they do so agree, the parties shall then then‌ ensure that XXX is furnished with the agreed amendment and such information and evidence as XXX requires to decide whether or not to approve the amendment. (e) If the parties fail to reach agreement within 40 Working Days of service of a notice under paragraph 5.2(a), or if prior to that date both parties agree that agreement is unlikely to be reached within that period:period:‌ (i) either party may notify XXX; andand‌ (ii) the parties shall furnish XXX with such information and evidence as XXX shall require in order to determine the matter, such determination to be binding on the parties.parties.‌ (f) In making its determination under paragraph 5.2(e)(ii), XXX shall have regard to the information and evidence provided by the parties, and the duties set out in section 4 of the Act.Act.‌ (g) An amendment to the Rights Table shall take effect only when it has been approved (in the case of an amendment agreed by the parties) or determined (in the case of a proposal referred to XXX under paragraph 5.2(e)) in writing by XXX, and shall apply from the relevant Principal Change Date proposed by the party requesting the change (in accordance with paragraph 5.2(a)).5.2(a)).‌ OFFICIAL‌‌ A B C Service characteristics Schedule 6‌ (Events of Default, suspension and termination)‌

Appears in 1 contract

Samples: Track Access Contract

Procedure for amendment of the Rights Table. (a) The party who wishes to amend the Rights Table shall notify the other party of any such proposed change and the date from which it proposes that such change will have effect provided that: (i) the amendment may only take effect on a Principal Change Date or Subsidiary Change Date, but in any event shall not take effect before the Principal Change Date in 2019; and (ii) the notice must be given on or before the first day of the month 15 months before the relevant Principal Change Date or the Subsidiary Change Date as the case may be. (b) Any notice under paragraph 5.2(a) shall specify that party’s proposed amendments to the extent of the window in either or both of the columns headed "Arrival Window" or "Departure Window", and be accompanied by information in reasonable detail supporting the change proposed and setting out the reasons for it. (c) If the party receiving a notice issued under paragraph 5.2(a) agrees that the Rights Table should be amended in accordance with that notice, then it shall as soon as reasonably practicable (and in any event no later than 20 Working Days) after receiving that notice respond in writing setting out its agreement. The parties shall then ensure that XXX is furnished with the agreed amendment and such information and evidence as XXX requires to decide whether or not to approve the amendment. (d) If the party receiving a notice issued under paragraph 5.2(a) does not agree that the Rights Table should be amended in accordance with that notice, then it shall respond to that notice in writing in reasonable detail and with reasons for its response within 20 Working Days of service of such notice. Promptly (and in any event within 20 Working Days) following the service of such written notice of disagreement, the parties shall endeavour to agree whether the Rights Table should be amended in accordance with this paragraph 5 and, if so, the amendments. If they do so agree, the parties shall then ensure that XXX is furnished with the agreed amendment and such information and evidence as XXX requires to decide whether or not to approve the amendment. (e) If the parties fail to reach agreement within 40 Working Days of service of a notice under paragraph 5.2(a), or if prior to that date both parties agree that agreement is unlikely to be reached within that period: (i) either party may notify XXX; and (ii) the parties shall furnish XXX with such information and evidence as XXX shall require in order to determine the matter, such determination to be binding on the parties. (f) In making its determination under paragraph 5.2(e)(ii), XXX shall have regard to the information and evidence provided by the parties, and the duties set out in section 4 of the Act. (g) An amendment to the Rights Table shall take effect only when it has been approved (in the case of an amendment agreed by the parties) or determined (in the case of a proposal referred to XXX under paragraph 5.2(e)) in writing by XXX, and shall apply from the relevant Principal Change Date proposed by the party requesting the change (in accordance with paragraph 5.2(a)). A B C Service characteristics Service Group Reference Flow No Train Reporting Number Minimum Turn Around Time at Origin Days per Week Departure Window From Departure Window To Origin Origin Stanox Destination Arrival Window From Arrival Window To Destination Stanox Minimum Turn Around Time at Destination Routing Intermediate Points Minimum Dwell Time at Intermediate Point Special Terms Timing Load Maximum Length of Train Route Availability (RA) Loading Gauge Contract Miles 6201 EWD 00:00 24:00 CWMBARGOED OPENCAST 78321 East Boundary CVL 00:00 24:00 Service must be bid as a through service beyond the CVL boundary to ABERTHAW POWER STATION (78904) 60H66S20 10 22 Non-contractual comments: Final Destination ABERTHAW POWER STATION (78904) 6201 EWD 00:00 24:00 CWMBARGOED OPENCAST 78321 East Boundary CVL 00:00 24:00 Service must be bid as a through service beyond the CVL boundary to ABERTHAW POWER STATION (78904) 60H66S20 10 22 Non-contractual comments: Final Destination ABERTHAW POWER STATION (78904) 6201 EWD 00:00 24:00 CWMBARGOED OPENCAST 78321 East Boundary CVL 00:00 24:00 Service must be bid as a through service beyond the CVL boundary to ABERTHAW POWER STATION (78904) 60H66S20 10 22 Non-contractual comments: Final Destination ABERTHAW POWER STATION (78904) 6201 EWD 00:00 24:00 CWMBARGOED OPENCAST 78321 East CVL Boundary 00:00 24:00 Service must be bid as a through service beyond the CVL boundary to ABERTHAW POWER STATION (78904) 60H66S20 10 22 Non-contractual comments: Final Destination ABERTHAW POWER STATION (78904) 6201 EWD 00:00 24:00 CWMBARGOED OPENCAST 78321 East CVL Boundary 00:00 24:00 Service must be bid as a through service beyond the CVL boundary to ABERTHAW POWER STATION (78904) 60H66S20 10 22 Non-contractual comments: Final Destination ABERTHAW POWER STATION (78904) 6201 EWD 00:00 24:00 CWMBARGOED OPENCAST 78321 East CVL Boundary 00:00 24:00 Service must be bid as a through service beyond the CVL boundary to ABERTHAW POWER STATION (78904) 60H66S20 10 22 Non-contractual comments: Final Destination ABERTHAW POWER STATION (78904) 6201 EWD 00:00 24:00 East Boundary CVL CWMBARGOED OPENCAST 00:00 24:00 78321 Service must be bid as a through service beyond the CVL boundary from ABERTHAW POWER STATION (78904) 75-66S06 22 Non-contractual comments: Train originates from ABERTHAW POWER STATION (78904) 6201 EWD 00:00 24:00 East Boundary CVL CWMBARGOED OPENCAST 00:00 24:00 78321 Service must be bid as a through service beyond the CVL boundary from ABERTHAW 75-66S06 22 POWER STATION (78904) Non-contractual comments: Train originates from ABERTHAW POWER STATION (78904) 6201 EWD 00:00 24:00 East CVL Boundary CWMBARGOED OPENCAST 00:00 24:00 78321 Service must be bid as a through service beyond the CVL boundary from ABERTHAW POWER STATION (78904) 75-66S06 22 Non-contractual comments: Train originates from ABERTHAW POWER STATION (78904) 6201 EWD 00:00 24:00 East CVL Boundary CWMBARGOED OPENCAST 00:00 24:00 78321 Service must be bid as a through service beyond the CVL boundary from ABERTHAW POWER STATION (78904) 75-66S06 22 Non-contractual comments: Train originates from ABERTHAW POWER STATION (78904) 6201 EWD 00:00 24:00 East CVL Boundary CWMBARGOED OPENCAST 00:00 24:00 78321 Service must be bid as a through service beyond the CVL boundary from ABERTHAW POWER STATION (78904) 75-66S06 22 Non-contractual comments: Train originates from ABERTHAW POWER STATION (78904) 6201 EWD 00:00 24:00 East CVL Boundary CWMBARGOED OPENCAST 00:00 24:00 78321 Service must be bid as a through service beyond the CVL boundary from ABERTHAW POWER STATION (78904) 75-66S06 22 Non-contractual comments: Train originates from ABERTHAW POWER STATION (78904) 6201 EWD 00:00 24:00 TOWER COLLIERY 78113 East CVL or West CVL Boundary 00:00 24:00 Service must be bid as a through service beyond the CVL boundary to ABERTHAW POWER STATION (78904) 60H66S20 10 28 Non-contractual comments: Final Destination ABERTHAW POWER STATION (78904) 6201 EWD 00:00 24:00 TOWER COLLIERY 78113 East CVL or West CVL Boundary 00:00 24:00 Service must be bid as a through service beyond the CVL boundary to ABERTHAW POWER STATION (78904) 60H66S20 10 28 Non-contractual comments: Final Destination ABERTHAW POWER STATION (78904) 6201 EWD 00:00 24:00 East CVL or West CVL Boundary TOWER COLLIERY 00:00 24:00 78113 Service must be bid as a through service beyond the CVL boundary from ABERTHAW POWER STATION (78904) 75-66S06 28 Non-contractual comments: Train originates from ABERTHAW POWER STATION (78904) 6201 EWD 00:00 24:00 East CVL or West CVL Boundary TOWER COLLIERY 00:00 24:00 78113 Service must be bid as a through service beyond the CVL boundary from ABERTHAW 75-66S06 28 POWER STATION (78904) Non-contractual comments: Train originates from ABERTHAW POWER STATION (78904) Times at East CVL Boundary and West CVL Boundary must align with those shown in the Rights Table set out in Annex 1 of Schedule 5 in the Track Access Agreement that the Train Operator has with Network Rail. Where the Train Operator has a Firm Right or Contingent Right in the table above, it shall ensure that all requests for Train Slots it makes pursuant to Part D of the CVL Network Code are for paths which continue on to the Network Rail network (or vice versa) and such requests are only submitted in combination with a request pursuant to Part D of the Network Code for the corresponding paths on the Network Rail network.

Appears in 1 contract

Samples: Track Access Contract

Procedure for amendment of the Rights Table. (a) The party who wishes to amend the Rights Table shall notify the other party of any such proposed change and the date from which it proposes that such change will have effect provided that: (i) $ the amendment may only take effect on a Principal Change Date or Subsidiary Change Date, but in any event shall not take effect before the Principal Change Date in 2019; and (ii) $ the notice must be given on or before the first day of the month 15 months before the relevant Principal Change Date or the Subsidiary Change Date as the case may be. (b) Any notice under paragraph 5.2(a) shall specify that party’s proposed amendments to the extent of the window in either or both of the columns headed "Arrival Window" or "Departure Window", and be accompanied by information in reasonable detail supporting the change proposed and setting out the reasons for it. (c) If the party receiving a notice issued under paragraph 5.2(a) agrees that the Rights Table should be amended in accordance with that notice, then it shall as soon as reasonably practicable (and in any event no later than 20 Working Days) after receiving that notice respond in writing setting out its agreement. The parties shall then ensure that XXX is furnished with the agreed amendment and such information and evidence as XXX requires to decide whether or not to approve the amendment. (d) If the party receiving a notice issued under paragraph 5.2(a) does not agree that the Rights Table should be amended in accordance with that notice, then it shall respond to that notice in writing in reasonable detail and with reasons for its response within 20 Working Days of service of such notice. Promptly (and in any event within 20 Working Days) following the service of such written notice of disagreement, the parties shall endeavour to agree whether the Rights Table should be amended in accordance with this paragraph 5 and, if so, the amendments. If they do so agree, the parties shall then ensure that XXX is furnished with the agreed amendment and such information and evidence as XXX requires to decide whether or not to approve the amendment. (e) If the parties fail to reach agreement within 40 Working Days of service of a notice under paragraph 5.2(a), or if prior to that date both parties agree that agreement is unlikely to be reached within that period: (i) $ either party may notify XXX; and (ii) $ the parties shall furnish XXX with such information and evidence as XXX shall require in order to determine the matter, such determination to be binding on the parties. (f) In making its determination under paragraph 5.2(e)(ii), XXX shall have regard to the information and evidence provided by the parties, and the duties set out in section 4 of the Act. (g) An amendment to the Rights Table shall take effect only when it has been approved (in the case of an amendment agreed by the parties) or determined (in the case of a proposal referred to XXX under paragraph 5.2(e)) in writing by XXX, and shall apply from the relevant Principal Change Date proposed by the party requesting the change (in accordance with paragraph 5.2(a)).

Appears in 1 contract

Samples: Track Access Contract

Procedure for amendment of the Rights Table. (a) The party who wishes to amend the Rights Table shall notify the other party of any such proposed change and the date from which it proposes that such change will have effect provided that: (i) the amendment may only take effect on a Principal Change Date or Subsidiary Change Date, but in any event shall not take effect before the Principal Change Date in 2019; and (ii) the notice must be given on or before the first day of the month 15 fifteen (15) months before the relevant Principal Change Date or the Subsidiary Change Date as the case may be. (b) Any notice under paragraph 5.2(a) shall specify that party’s proposed amendments to the extent of the window in either or both of the columns headed "Arrival Window" or "Departure Window", and be accompanied by information in reasonable detail supporting the change proposed and setting out the reasons for it. (c) If the party receiving a notice issued under paragraph 5.2(a) agrees that the Rights Table should be amended in accordance with that notice, then it shall as soon as reasonably practicable (and in any event no later than 20 Working Days) after receiving that notice respond in writing setting out its agreement. The parties shall then ensure that XXX is furnished with the agreed amendment and such information and evidence as XXX requires to decide whether or not to approve the amendment. (d) If the party receiving a notice issued under paragraph 5.2(a) does not agree that the Rights Table should be amended in accordance with that notice, then it shall respond to that notice in writing in reasonable detail and with reasons for its response within 20 Working Days of service of such notice. Promptly (and in any event within 20 Working Days) following the service of such written notice of disagreement, the parties shall endeavour to agree whether the Rights Table should be amended in accordance with this paragraph 5 and, if so, the amendments. If they do so agree, the parties shall then ensure that XXX is furnished with the agreed amendment and such information and evidence as XXX requires to decide whether or not to approve the amendment. (e) If the parties fail to reach agreement within 40 Working Days of service of a notice under paragraph 5.2(a), or if prior to that date both parties agree that agreement is unlikely to be reached within that period: (i) either party may notify XXX; and (ii) the parties shall furnish XXX with such information and evidence as XXX shall require in order to determine the matter, such determination to be binding on the parties. (f) In making its determination under paragraph 5.2(e)(ii), XXX shall have regard to the information and evidence provided by the parties, and the duties set out in section 4 of the Act. (g) An amendment to the Rights Table shall take effect only when it has been approved (in the case of an amendment agreed by the parties) or determined (in the case of a proposal referred to XXX under paragraph 5.2(e)) in writing by XXX, and shall apply from the relevant Principal Change Date proposed by the party requesting the change (in accordance with paragraph 5.2(a)).. ANNEX 1: RIGHTS TABLE A B C Annex 1: Schedule 5 Rights Table Service characteristics For Information - not part of contract Origin Data Destination Data Additional Data Equipment Characteristics Service Group Reference Flow No Train Reporting Number Minimum Turn Around Time at Origin Days per Week Departure Window From Departure Window To Origin Origin Stanox Destination Arrival Window From Arrival Window To Destination Stanox Minimum Turn Around Time at Destination Routing Intermediate Points Minimum Dwell Time at Intermediate Point Special Terms Timing Load Maximum Length of Train Route Availability (RA) Loading Gauge Contract Miles ; ; 1. Events of Default‌

Appears in 1 contract

Samples: Freight Customer Track Access Contract

Procedure for amendment of the Rights Table. (a) The party who wishes to amend the Rights Table shall notify the other party of any such proposed change and the date from which it proposes that such change will have effect provided that: (i) the amendment may only take effect on a Principal Change Date or Subsidiary Change Date, but in any event shall not take effect before the Principal Change Date in 2019; and (ii) the notice must be given on or before the first day of the month 15 months before the relevant Principal Change Date or the Subsidiary Change Date as the case may be. (b) Any notice under paragraph 5.2(a) shall specify that party’s proposed amendments to the extent of the window in either or both of the columns headed "Arrival Window" or "Departure Window", and be accompanied by information in reasonable detail supporting the change proposed and setting out the reasons for it. (c) If the party receiving a notice issued under paragraph 5.2(a) agrees that the Rights Table should be amended in accordance with that notice, then it shall as soon as reasonably practicable (and in any event no later than 20 Working Days) after receiving that notice respond in writing setting out its agreement. The parties shall then ensure that XXX is furnished with the agreed amendment and such information and evidence as XXX requires to decide whether or not to approve the amendment. (d) If the party receiving a notice issued under paragraph 5.2(a) does not agree that the Rights Table should be amended in accordance with that notice, then it shall respond to that notice in writing in reasonable detail and with reasons for its response within 20 Working Days of service of such notice. Promptly (and in any event within 20 Working Days) following the service of such written notice of disagreement, the parties shall endeavour to agree whether the Rights Table should be amended in accordance with this paragraph 5 and, if so, the amendments. If they do so agree, the parties shall then ensure that XXX is furnished with the agreed amendment and such information and evidence as XXX requires to decide whether or not to approve the amendment. (e) If the parties fail to reach agreement within 40 Working Days of service of a notice under paragraph 5.2(a), or if prior to that date both parties agree that agreement is unlikely to be reached within that period: (i) either party may notify XXX; and (ii) the parties shall furnish XXX with such information and evidence as XXX shall require in order to determine the matter, such determination to be binding on the parties. (f) In making its determination under paragraph 5.2(e)(ii), XXX shall have regard to the information and evidence provided by the parties, and the duties set out in section 4 of the Act. (g) An amendment to the Rights Table shall take effect only when it has been approved (in the case of an amendment agreed by the parties) or determined (in the case of a proposal referred to XXX under paragraph 5.2(e)) in writing by XXX, and shall apply from the relevant Principal Change Date proposed by the party requesting the change (in accordance with paragraph 5.2(a)).. Annex 1‌ Rights Table A B C Annex 1: Schedule 5 Rights Table Service characteristics For Information - not part of contract Origin Data Destination Data Additional Data Equipment Characteristics Service Group Reference Flow No Train Reporting Number Minimum Turn Around Time at Origin Days per Week Departure Window From Departure Window To Origin Origin Stanox Destination Arrival Window From Arrival Window To Destination Stanox Minimum Turn Around Time at Destination Routing Intermediate Points Minimum Dwell Time at Intermediate Point Special Terms Timing Load Maximum Length of Train Route Availability (RA) Loading Gauge Contract Miles ; ; Schedule 6‌

Appears in 1 contract

Samples: Track Access Contract (Freight Services)

Procedure for amendment of the Rights Table. (a) The party who wishes to amend the Rights Table shall notify the other party of any such proposed change and the date from which it proposes that such change will have effect provided that: (i) the amendment may only take effect on a Principal Change Date or Subsidiary Change Date, but in any event shall not take effect before the Principal Change Date in 2019; and (ii) the notice must be given on or before the first day of the month 15 fifteen (15) months before the relevant Principal Change Date or the Subsidiary Change Date as the case may be. (b) Any notice under paragraph 5.2(a) shall specify that party’s proposed amendments to the extent of the window in either or both of the columns headed "Arrival Window" or "Departure Window", and be accompanied by information in reasonable detail supporting the change proposed and setting out the reasons for it. (c) If the party receiving a notice issued under paragraph 5.2(a) agrees that the Rights Table should be amended in accordance with that notice, then it shall as soon as reasonably practicable (and in any event no later than 20 Working Days) after receiving that notice respond in writing setting out its agreement. The parties shall then ensure that XXX is furnished with the agreed amendment and such information and evidence as XXX requires to decide whether or not to approve the amendment. (d) If the party receiving a notice issued under paragraph 5.2(a) does not agree that the Rights Table should be amended in accordance with that notice, then it shall respond to that notice in writing in reasonable detail and with reasons for its response within 20 Working Days of service of such notice. Promptly (and in any event within 20 Working Days) following the service of such written notice of disagreement, the parties shall endeavour to agree whether the Rights Table should be amended in accordance with this paragraph 5 and, if so, the amendments. If they do so agree, the parties shall then ensure that XXX is furnished with the agreed amendment and such information and evidence as XXX requires to decide whether or not to approve the amendment. (e) If the parties fail to reach agreement within 40 Working Days of service of a notice under paragraph 5.2(a), or if prior to that date both parties agree that agreement is unlikely to be reached within that period: (i) either party may notify XXX; and (ii) the parties shall furnish XXX with such information and evidence as XXX shall require in order to determine the matter, such determination to be binding on the parties. (f) In making its determination under paragraph 5.2(e)(ii), XXX shall have regard to the information and evidence provided by the parties, and the duties set out in section 4 of the Act. (g) An amendment to the Rights Table shall take effect only when it has been approved (in the case of an amendment agreed by the parties) or determined (in the case of a proposal referred to XXX under paragraph 5.2(e)) in writing by XXX, and shall apply from the relevant Principal Change Date proposed by the party requesting the change (in accordance with paragraph 5.2(a)).

Appears in 1 contract

Samples: Freight Customer Track Access Contract

Procedure for amendment of the Rights Table. (a) The party who wishes to amend the Rights Table shall notify the other party of any such proposed change and the date from which it proposes that such change will have effect provided that: (i) the amendment may only take effect on a Principal Change Date or Subsidiary Change Date, but in any event shall not take effect before the Principal Change Date in 2019; and (ii) the notice must be given on or before the first day of the month 15 months before the relevant Principal Change Date or the Subsidiary Change Date as the case may be. (b) Any notice under paragraph 5.2(a) shall specify that party’s 's proposed amendments to the extent of the window in either or both of the columns headed "Arrival Window" or "Departure Window", and be accompanied by information in reasonable detail supporting the change proposed and setting out the reasons for it. (c) If the party receiving a notice issued under paragraph 5.2(a) agrees that the Rights Table should be amended in accordance with that notice, then it shall as soon as reasonably practicable (and in any event no later than 20 Working Days) after receiving that notice respond in writing setting out its agreement. The parties shall then ensure that XXX is furnished with the agreed amendment and such information and evidence as XXX requires to decide whether or not to approve the amendment. (d) If the party receiving a notice issued under paragraph 5.2(a) does not agree that the Rights Table should be amended in accordance with that notice, then it shall respond to that notice in writing in reasonable detail and with reasons for its response within 20 Working Days of service of such notice. Promptly (and in any event within 20 Working Days) following the service of such written notice of disagreement, the parties shall endeavour to agree whether the Rights Table should be amended in accordance with this paragraph 5 and, if so, the amendments. If they do so agree, the parties shall then ensure that XXX is furnished with the agreed amendment and such information and evidence as XXX requires to decide whether or not to approve the amendment. (e) If the parties fail to reach agreement within 40 Working Days of service of a notice under paragraph 5.2(a), or if prior to that date both parties agree that agreement is unlikely to be reached within that period: (i) either party may notify XXX; and (ii) the parties shall furnish XXX with such information and evidence as XXX shall require in order to determine the matter, such determination to be binding on the parties. (f) In making its determination under paragraph 5.2(e)(ii), XXX shall have regard to the information and evidence provided by the parties, and the duties set out in section 4 of the Act. (g) An amendment to the Rights Table shall take effect only when it has been approved (in the case of an amendment agreed by the parties) or determined (in the case of a proposal referred to XXX under paragraph 5.2(e)) in writing by XXX, and shall apply from the relevant Principal Change Date proposed by the party requesting the change (in accordance with paragraph 5.2(a)).. Annex 1: Rights Table A B C Annex 1: Schedule 5 Rights Table Service characteristics For Information - not part of contract Origin Data Destination Data Additional Data Equipment Characteristics Service Group Reference Flow No Train Reporting Number Minimum Turn Around Time at Origin Days per Week Departure Window From Departure Window To Origin Origin Stanox Destination Arrival Window From Arrival Window To Destination Stanox Minimum Turn Around Time at Destination Routing Intermediate Points Minimum Dwell Time at Intermediate Point Special Terms Timing Load Maximum Length of Train Route Availability (RA) Loading Gauge Contract Miles ; ; 1. Events of Default‌

Appears in 1 contract

Samples: Freight Customer Track Access Contract

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Procedure for amendment of the Rights Table. (a) The party who wishes to amend the Rights Table shall notify the other party of any such proposed change and the date from which it proposes that such change will have effect provided that: (i) the amendment may only take effect on a Principal Change Date or Subsidiary Change Date, but in any event shall not take effect before the Principal Change Date in 2019; and (ii) the notice must be given on or before the first day of the month 15 months before the relevant Principal Change Date or the Subsidiary Change Date as the case may be. (b) Any notice under paragraph 5.2(a) shall specify that party’s proposed amendments to the extent of the window in either or both of the columns headed "Arrival Window" or "Departure Window", and be accompanied by information in reasonable detail supporting the change proposed and setting out the reasons for it. (c) If the party receiving a notice issued under paragraph 5.2(a) agrees that the Rights Table should be amended in accordance with that notice, then it shall as soon as reasonably practicable (and in any event no later than 20 Working Days) after receiving that notice respond in writing setting out its agreement. The parties shall then ensure that XXX is furnished with the agreed amendment and such information and evidence as XXX requires to decide whether or not to approve the amendment. (d) If the party receiving a notice issued under paragraph 5.2(a) does not agree that the Rights Table should be amended in accordance with that notice, then it shall respond to that notice in writing in reasonable detail and with reasons for its response within 20 Working Days of service of such notice. Promptly (and in any event within 20 Working Days) following the service of such written notice of disagreement, the parties shall endeavour to agree whether the Rights Table should be amended in accordance with this paragraph 5 and, if so, the amendments. If they do so agree, the parties shall then ensure that XXX is furnished with the agreed amendment and such information and evidence as XXX requires to decide whether or not to approve the amendment. (e) If the parties fail to reach agreement within 40 Working Days of service of a notice under paragraph 5.2(a), or if prior to that date both parties agree that agreement is unlikely to be reached within that period: (i) either party may notify XXX; and (ii) the parties shall furnish XXX with such information and evidence as XXX shall require in order to determine the matter, such determination to be binding on the parties. (f) In making its determination under paragraph 5.2(e)(ii), XXX shall have regard to the information and evidence provided by the parties, and the duties set out in section 4 of the Act. (g) An amendment to the Rights Table shall take effect only when it has been approved (in the case of an amendment agreed by the parties) or determined (in the case of a proposal referred to XXX under paragraph 5.2(e)) in writing by XXX, and shall apply from the relevant Principal Change Date proposed by the party requesting the change (in accordance with paragraph 5.2(a)). A B C Service characteristics Service Group Reference Flow No Train Reporting Number Minimum Turn Around Time at Origin Days per Week Departure Window From Departure Window To Origin Origin Stanox Destination Arrival Window From Arrival Window To Destination Stanox Minimum Turn Around Time at Destination Routing Intermediate Points Minimum Dwell Time at Intermediate Point Special Terms Timing Load Maximum Length of Train Route Availability (RA) Loading Gauge Contract Miles 1207 1 120' TWThO 00:00 24:00 TOWER COLLIERY EWS 78113 West CVL Boundary 00:00 24:00 Service must be bid as a through service beyond the CVL boundary to WESTBURY DOWN T.C. (82100) 60-60S18 28 56120721 1207 TWThO 00:00 24:00 West CVL Boundary TOWER COLLIERY EWS 00:00 24:00 78113 120' Service must be bid as a through service beyond the CVL boundary from WESTBURY DOWN T.C. (82100) 60-60S06 28 56120721 1227 TO 00:00 24:00 West CVL Boundary TOWER COLLIERY EWS 00:00 24:00 78113 120' Service must be bid as a through service beyond the CVL boundary from WESTBURY DOWN T.C. (82100) 60-TR40 28 59122720 3602 2 4C93 MFO 06:32 07:32 East CVL Boundary CWMBARGOED OPENCAST COLLY 07:51 08:51 78326 120 mins Service must be bid as a through service beyond the CVL boundary from MARGAM T.C. (79780) 75-66S06 22 59360220 3602 6C93 120 mins MFO 10:09 11:09 CWMBARGOED OPENCAST COLLY 78326 East CVL Boundary 14:49 15:49 Service must be bid as a through service beyond the CVL boundary to PORT TALBOT GRANGE SDGS (79744) 60H66S22 10 22 59360220 3602 4C93 SO 06:30 07:30 East CVL Boundary CWMBARGOED OPENCAST COLLY 07:51 08:51 78326 120 mins Service must be bid as a through service beyond the CVL boundary from MARGAM T.C. (79780) 75-66S06 22 59360220 3602 6C93 120 mins SO 10:09 11:09 CWMBARGOED OPENCAST COLLY 78326 East CVL Boundary 14:48 15:48 Service must be bid as a through service beyond the CVL boundary to PORT TALBOT GRANGE SDGS (79744) 60H66S22 10 22 59360220 3602 4C94 TWThO 10:35 11:35 East CVL Boundary CWMBARGOED OPENCAST COLLY 11:59 12:59 78326 120 mins Service must be bid as a through service beyond the CVL boundary from MARGAM T.C. (79780) 75-66S06 22 59360220 3602 6C94 120 mins TWThO 14:15 15:15 CWMBARGOED OPENCAST COLLY 78326 East CVL Boundary 19:14 20:14 Service must be bid as a through service beyond the CVL boundary to PORT TALBOT GRANGE SDGS (79744) 60H66S22 10 22 Times at East CVL Boundary and West CVL Boundary must align with those shown in the Rights Table set out in Annex 1 of Schedule 5 in the Track Access Agreement that the Train Operator has with Network Rail. Where the Train Operator has a Firm Right or Contingent Right in the table above, it shall ensure that all requests for Train Slots it makes pursuant to Part D of the CVL Network Code are for paths which continue on to the Network Rail network (or vice versa) and such requests are only submitted in combination with a request pursuant to Part D of the Network Code for the corresponding paths on the Network Rail network.

Appears in 1 contract

Samples: Track Access Contract

Procedure for amendment of the Rights Table. (a) The party who wishes to amend the Rights Table shall notify the other party of any such proposed change and the date from which it proposes that such change will have effect provided that: (i) the amendment may only take effect on a Principal Change Date or Subsidiary Change Date, but in any event shall not take effect before the Principal Change Date in 2019; and (ii) the notice must be given on or before the first day of the month 15 months before the relevant Principal Change Date or the Subsidiary Change Date as the case may be. (b) Any notice under paragraph 5.2(a) shall specify that party’s proposed amendments to the extent of the window in either or both of the columns headed "Arrival Window" or "Departure Window", and be accompanied by information in reasonable detail supporting the change proposed and setting out the reasons for it. (c) If the party receiving a notice issued under paragraph 5.2(a) agrees that the Rights Table should be amended in accordance with that notice, then it shall as soon as reasonably practicable (and in any event no later than 20 Working Days) after receiving that notice respond in writing setting out its agreement. The parties shall then ensure that XXX is furnished with the agreed amendment and such information and evidence as XXX requires to decide whether or not to approve the amendment. (d) If the party receiving a notice issued under paragraph 5.2(a) does not agree that the Rights Table should be amended in accordance with that notice, then it shall respond to that notice in writing in reasonable detail and with reasons for its response within 20 Working Days of service of such notice. Promptly (and in any event within 20 Working Days) following the service of such written notice of disagreement, the parties shall endeavour to agree whether the Rights Table should be amended in accordance with this paragraph 5 and, if so, the amendments. If they do so agree, the parties shall then ensure that XXX is furnished with the agreed amendment and such information and evidence as XXX requires to decide whether or not to approve the amendment. (e) If the parties fail to reach agreement within 40 Working Days of service of a notice under paragraph 5.2(a), or if prior to that date both parties agree that agreement is unlikely to be reached within that period: (i) either party may notify XXX; and (ii) the parties shall furnish XXX with such information and evidence as XXX shall require in order to determine the matter, such determination to be binding on the parties. (f) In making its determination under paragraph 5.2(e)(ii), XXX shall have regard to the information and evidence provided by the parties, and the duties set out in section 4 of the Act. (g) An amendment to the Rights Table shall take effect only when it has been approved (in the case of an amendment agreed by the parties) or determined (in the case of a proposal referred to XXX under paragraph 5.2(e)) in writing by XXX, and shall apply from the relevant Principal Change Date proposed by the party requesting the change (in accordance with paragraph 5.2(a)). Rights Table 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 A B C Service characteristics Service Group Reference Flow No Train Reporting Number Minimum Turn Around Time at Origin Days per Week Departure Window From Departure Window To Origin Origin Stanox Destination Arrival Window From Arrival Window To Destination Stanox Minimum Turn Around Time at Destination Routing Intermediate Points Minimum Dwell Time at Intermediate Point Special Terms Timing Load Maximum Length of Train Route Availability (RA) Loading Gauge Contract Miles 1207 1 120' TWThO 00:00 24:00 TOWER COLLIERY EWS 78113 West CVL Boundary 00:00 24:00 Service must be bid as a through service beyond the CVL boundary to WESTBURY DOWN T.C. (82100) 60-60S18 28 56120721 1207 TWThO 00:00 24:00 West CVL Boundary TOWER COLLIERY EWS 00:00 24:00 78113 120' Service must be bid as a through service beyond the CVL boundary from WESTBURY DOWN T.C. (82100) 60-60S06 28 56120721 1227 TO 00:00 24:00 West CVL Boundary TOWER COLLIERY EWS 00:00 24:00 78113 120' Service must be bid as a through service beyond the CVL boundary from WESTBURY DOWN T.C. (82100) 60-TR40 28 59122720 3602 2 4C93 MFO 06:32 07:32 East CVL Boundary CWMBARGOED OPENCAST COLLY 07:51 08:51 78326 120 mins Service must be bid as a through service beyond the CVL boundary from MARGAM T.C. (79780) 75-66S06 22 59360220 3602 6C93 120 mins MFO 10:09 11:09 CWMBARGOED OPENCAST COLLY 78326 East CVL Boundary 14:49 15:49 Service must be bid as a through service beyond the CVL boundary to PORT TALBOT GRANGE SDGS (79744) 60H66S22 10 22 59360220 3602 4C93 SO 06:30 07:30 East CVL Boundary CWMBARGOED OPENCAST COLLY 07:51 08:51 78326 120 mins Service must be bid as a through service beyond the CVL boundary from MARGAM T.C. (79780) 75-66S06 22 59360220 3602 6C93 120 mins SO 10:09 11:09 CWMBARGOED OPENCAST COLLY 78326 East CVL Boundary 14:48 15:48 Service must be bid as a through service beyond the CVL boundary to PORT TALBOT GRANGE SDGS (79744) 60H66S22 10 22 59360220 3602 4C94 TWThO 10:35 11:35 East CVL Boundary CWMBARGOED OPENCAST COLLY 11:59 12:59 78326 120 mins Service must be bid as a through service beyond the CVL boundary from MARGAM T.C. (79780) 75-66S06 22 59360220 3602 6C94 120 mins TWThO 14:15 15:15 CWMBARGOED OPENCAST COLLY 78326 East CVL Boundary 19:14 20:14 Service must be bid as a through service beyond the CVL boundary to PORT TALBOT GRANGE SDGS (79744) 60H66S22 10 22 Times at East CVL Boundary and West CVL Boundary must align with those shown in the Rights Table set out in Annex 1 of Schedule 5 in the Track Access Agreement that the Train Operator has with Network Rail. Where the Train Operator has a Firm Right or Contingent Right in the table above, it shall ensure that all requests for Train Slots it makes pursuant to Part D of the CVL Network Code are for paths which continue on to the Network Rail network (or vice versa) and such requests are only submitted in combination with a request pursuant to Part D of the Network Code for the corresponding paths on the Network Rail network.

Appears in 1 contract

Samples: Track Access Contract

Procedure for amendment of the Rights Table. (a) The party who wishes to amend the Rights Table shall notify the other party of any such proposed change and the date from which it proposes that such change will have effect provided that: (i) the amendment may only take effect on a Principal Change Date or Subsidiary Change Date, but in any event shall not take effect before the Principal Change Date in 2019; and (ii) the notice must be given on or before the first day of the month 15 months before the relevant Principal Change Date or the Subsidiary Change Date as the case may be. (b) Any notice under paragraph 5.2(a) shall specify that party’s proposed amendments to the extent of the window in either or both of the columns headed "Arrival Window" or "Departure Window", and be accompanied by information in reasonable detail supporting the change proposed and setting out the reasons for it. (c) If the party receiving a notice issued under paragraph 5.2(a) agrees that the Rights Table should be amended in accordance with that notice, then it shall as soon as reasonably practicable (and in any event no later than 20 Working Days) after receiving that notice respond in writing setting out its agreement. The parties shall then ensure that XXX is furnished with the agreed amendment and such information and evidence as XXX requires to decide whether or not to approve the amendment. (d) If the party receiving a notice issued under paragraph 5.2(a) does not agree that the Rights Table should be amended in accordance with that notice, then it shall respond to that notice in writing in reasonable detail and with reasons for its response within 20 Working Days of service of such notice. Promptly (and in any event within 20 Working Days) following the service of such written notice of disagreement, the parties shall endeavour to agree whether the Rights Table should be amended in accordance with this paragraph 5 and, if so, the amendments. If they do so agree, the parties shall then ensure that XXX is furnished with the agreed amendment and such information and evidence as XXX requires to decide whether or not to approve the amendment. (e) If the parties fail to reach agreement within 40 Working Days of service of a notice under paragraph 5.2(a), or if prior to that date both parties agree that agreement is unlikely to be reached within that period: (i) either party may notify XXX; and (ii) the parties shall furnish XXX with such information and evidence as XXX shall require in order to determine the matter, such determination to be binding on the parties. (f) In making its determination under paragraph 5.2(e)(ii), XXX shall have regard to the information and evidence provided by the parties, and the duties set out in section 4 of the Act. (g) An amendment to the Rights Table shall take effect only when it has been approved (in the case of an amendment agreed by the parties) or determined (in the case of a proposal referred to XXX under paragraph 5.2(e)) in writing by XXX, and shall apply from the relevant Principal Change Date proposed by the party requesting the change (in accordance with paragraph 5.2(a)). A B C Service characteristics Service Group Reference Flow No Train Reporting Number Minimum Turn Around Time at Origin Days per Week Departure Window From Departure Window To Origin Origin Stanox Destination Arrival Window From Arrival Window To Destination Stanox Minimum Turn Around Time at Destination Routing Intermediate Points Minimum Dwell Time at Intermediate Point Special Terms Timing Load Maximum Length of Train Route Availability (RA) Loading Gauge Contract Miles 6201 EWD 00:00 24:00 CWMBARGOED OPENCAST 78321 East Boundary CVL 00:00 24:00 Service must be bid as a through service beyond the CVL boundary to ABERTHAW POWER STATION (78904) 60H66S20 10 22 Non-contractual comments: Final Destination ABERTHAW POWER STATION (78904) 6201 EWD 00:00 24:00 CWMBARGOED OPENCAST 78321 East Boundary CVL 00:00 24:00 Service must be bid as a through service beyond the CVL boundary to ABERTHAW POWER STATION (78904) 60H66S20 10 22 Non-contractual comments: Final Destination ABERTHAW POWER STATION (78904) 6201 EWD 00:00 24:00 CWMBARGOED OPENCAST 78321 East Boundary CVL 00:00 24:00 Service must be bid as a through service beyond the CVL boundary to ABERTHAW POWER STATION (78904) 60H66S20 10 22 Non-contractual comments: Final Destination ABERTHAW POWER STATION (78904) 6201 EWD 00:00 24:00 CWMBARGOED OPENCAST 78321 East CVL Boundary 00:00 24:00 Service must be bid as a through service beyond the CVL boundary to ABERTHAW POWER STATION (78904) 60H66S20 10 22 Non-contractual comments: Final Destination ABERTHAW POWER STATION (78904) 6201 EWD 00:00 24:00 CWMBARGOED OPENCAST 78321 East CVL Boundary 00:00 24:00 Service must be bid as a through service beyond the CVL boundary to ABERTHAW POWER STATION (78904) 60H66S20 10 22 Non-contractual comments: Final Destination ABERTHAW POWER STATION (78904) 6201 EWD 00:00 24:00 CWMBARGOED OPENCAST 78321 East CVL Boundary 00:00 24:00 Service must be bid as a through service beyond the CVL boundary to ABERTHAW POWER STATION (78904) 60H66S20 10 22 Non-contractual comments: Final Destination ABERTHAW POWER STATION (78904) 6201 EWD 00:00 24:00 East Boundary CVL CWMBARGOED OPENCAST 00:00 24:00 78321 Service must be bid as a through service beyond the CVL boundary from ABERTHAW POWER STATION (78904) 75-66S06 22 Non-contractual comments: Train originates from ABERTHAW POWER STATION (78904) 6201 EWD 00:00 24:00 East Boundary CVL CWMBARGOED OPENCAST 00:00 24:00 78321 Service must be bid as a through service beyond the CVL boundary from ABERTHAW POWER STATION (78904) 75-66S06 22 Non-contractual comments: Train originates from ABERTHAW POWER STATION (78904) 6201 EWD 00:00 24:00 East Boundary CVL CWMBARGOED OPENCAST 00:00 24:00 78321 Service must be bid as a through service beyond the CVL boundary from ABERTHAW POWER STATION (78904) 75-66S06 22 Non-contractual comments: Train originates from ABERTHAW POWER STATION (78904) 6201 EWD 00:00 24:00 East Boundary CVL CWMBARGOED OPENCAST 00:00 24:00 78321 Service must be bid as a through service beyond the CVL boundary from ABERTHAW POWER STATION (78904) 75-66S06 22 Non-contractual comments: Train originates from ABERTHAW POWER STATION (78904) 6201 EWD 00:00 24:00 East Boundary CVL CWMBARGOED OPENCAST 00:00 24:00 78321 Service must be bid as a through service beyond the CVL boundary from ABERTHAW POWER STATION (78904) 75-66S06 22 Non-contractual comments: Train originates from ABERTHAW POWER STATION (78904) 6201 EWD 00:00 24:00 East Boundary CVL CWMBARGOED OPENCAST 00:00 24:00 78321 Service must be bid as a through service beyond the CVL boundary from ABERTHAW POWER STATION (78904) 75-66S06 22 Non-contractual comments: Train originates from ABERTHAW POWER STATION (78904) 6201 EWD 00:00 24:00 TOWER COLLIERY 78113 East CVL West Boundary or CVL 00:00 24:00 Service must be bid as a through service beyond the CVL boundary to ABERTHAW POWER STATION (78904) 60H66S20 10 28 Non-contractual comments: Final Destination ABERTHAW POWER STATION (78904) 6201 EWD 00:00 24:00 TOWER COLLIERY 78113 East CVL West Boundary or CVL 00:00 24:00 Service must be bid as a through service beyond the CVL boundary to ABERTHAW POWER STATION (78904) 60H66S20 10 28 Non-contractual comments: Final Destination ABERTHAW POWER STATION (78904) 6201 EWD 00:00 24:00 East CVL or West CVL Boundary TOWER COLLIERY 00:00 24:00 78113 Service must be bid as a through service beyond the CVL boundary from ABERTHAW POWER STATION (78904) 75-66S06 28 Non-contractual comments: Train originates from ABERTHAW POWER STATION (78904) 6201 EWD 00:00 24:00 East CVL or West CVL Boundary TOWER COLLIERY 00:00 24:00 78113 Service must be bid as a through service beyond the CVL boundary from ABERTHAW POWER STATION (78904) 75-66S06 28 Non-contractual comments: Train originates from ABERTHAW POWER STATION (78904) Times at East CVL Boundary and West CVL Boundary must align with those shown in the Rights Table set out in Annex 1 of Schedule 5 in the Track Access Agreement that the Train Operator has with Network Rail. Where the Train Operator has a Firm Right or Contingent Right in the table above, it shall ensure that all requests for Train Slots it makes pursuant to Part D of the CVL Network Code are for paths which continue on to the Network Rail network (or vice versa) and such requests are only submitted in combination with a request pursuant to Part D of the Network Code for the corresponding paths on the Network Rail network.

Appears in 1 contract

Samples: Track Access Contract

Procedure for amendment of the Rights Table. (a) The party who wishes to amend the Rights Table shall notify the other party of any such proposed change and the date from which it proposes that such change will have effect provided that: (i) the amendment may only take effect on a Principal Change Date or Subsidiary Change Date, but in any event shall not take effect before the Principal Change Date in 2019; and (ii) the notice must be given on or before the first day of the month 15 months before the relevant Principal Change Date or the Subsidiary Change Date as the case may be. (b) Any notice under paragraph 5.2(a) shall specify that party’s proposed amendments to the extent of the window in either or both of the columns headed "Arrival Window" or "Departure Window", and be accompanied by information in reasonable detail supporting the change proposed and setting out the reasons for it. (c) If the party receiving a notice issued under paragraph 5.2(a) agrees that the Rights Table should be amended in accordance with that notice, then it shall as soon as reasonably practicable (and in any event no later than 20 Working Days) after receiving that notice respond in writing setting out its agreement. The parties shall then ensure that XXX is furnished with the agreed amendment and such information and evidence as XXX requires to decide whether or not to approve the amendment. (d) If the party receiving a notice issued under paragraph 5.2(a) does not agree that the Rights Table should be amended in accordance with that notice, then it shall respond to that notice in writing in reasonable detail and with reasons for its response within 20 Working Days of service of such notice. Promptly (and in any event within 20 Working Days) following the service of such written notice of disagreement, the parties shall endeavour to agree whether the Rights Table should be amended in accordance with this paragraph 5 and, if so, the amendments. If they do so agree, the parties shall then ensure that XXX is furnished with the agreed amendment and such information and evidence as XXX requires to decide whether or not to approve the amendment. (e) If the parties fail to reach agreement within 40 Working Days of service of a notice under paragraph 5.2(a), or if prior to that date both parties agree that agreement is unlikely to be reached within that period: (i) either party may notify XXX; and (ii) the parties shall furnish XXX with such information and evidence as XXX shall require in order to determine the matter, such determination to be binding on the parties. (f) In making its determination under paragraph 5.2(e)(ii), XXX shall have regard to the information and evidence provided by the parties, and the duties set out in section 4 of the Act. (g) An amendment to the Rights Table shall take effect only when it has been approved (in the case of an amendment agreed by the parties) or determined (in the case of a proposal referred to XXX under paragraph 5.2(e)) in writing by XXX, and shall apply from the relevant Principal Change Date proposed by the party requesting the change (in accordance with paragraph 5.2(a)).. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 A B C ;

Appears in 1 contract

Samples: Track Access Contract

Procedure for amendment of the Rights Table. (a) The party who wishes to amend the Rights Table shall notify the other party of any such proposed change and the date from which it proposes that such change will have effect provided that: (i) the amendment may only take effect on a Principal Change Date or Subsidiary Change Date, but in any event shall not take effect before the Principal Change Date in 20192022 (save to the extent that any proposed change is to align with a change to the Rights Table contained in the Network Rail Track Access Agreement, where, in such case, the parties shall use reasonable endeavours to align the timing of such amendments); and (ii) the notice must be given on or before the first day of the month 15 months before the relevant Principal Change Date or the Subsidiary Change Date as the case may be. (b) Any notice under paragraph 5.2(a) shall specify that party’s proposed amendments to the extent of the window in either or both of the columns headed "Arrival Window" or "Departure Window", and be accompanied by information in reasonable detail supporting the change proposed and setting out the reasons for it, including any changes to related rights under the Network Rail Track Access Agreement. (c) If the party receiving a notice issued under paragraph 5.2(a) agrees that the Rights Table should be amended in accordance with that notice, then it shall as soon as reasonably practicable (and in any event no later than 20 Working Days) after receiving that notice respond in writing setting out its agreement. The parties shall then ensure that XXX is furnished with the agreed amendment and such information and evidence as XXX requires to decide whether or not to approve the amendment. (d) If the party receiving a notice issued under paragraph 5.2(a) does not agree that the Rights Table should be amended in accordance with that notice, then it shall respond to that notice in writing in reasonable detail and with reasons for its response within 20 Working Days of service of such notice. Promptly (and in any event within 20 Working Days) following the service of such written notice of disagreement, the parties shall endeavour to agree whether the Rights Table should be amended in accordance with this paragraph 5 and, if so, the amendments. If they do so agree, the parties shall then ensure that XXX is furnished with the agreed amendment and such information and evidence as XXX requires to decide whether or not to approve the amendment. (e) If the parties fail to reach agreement within 40 Working Days of service of a notice under paragraph 5.2(a), or if prior to that date both parties agree that agreement is unlikely to be reached within that period: (i) either party may notify XXX; and (ii) the parties shall furnish XXX with such information and evidence as XXX shall require in order to determine the matter, such determination to be binding on the parties. (f) In making its determination under paragraph 5.2(e)(ii), XXX shall have regard to the information and evidence provided by the parties, and the duties set out in section 4 of the Act. (g) An amendment to the Rights Table shall take effect only when it has been approved (in the case of an amendment agreed by the parties) or determined (in the case of a proposal referred to XXX under paragraph 5.2(e)) in writing by XXX, and shall apply from the relevant Principal Change Date proposed by the party requesting the change (in accordance with paragraph 5.2(a)).. DocuSign Envelope ID: 5936E0E7-09A7-450F-B73D-E381DAA49AAA A B C Service characteristics

Appears in 1 contract

Samples: Access Contract (Freight Services)

Procedure for amendment of the Rights Table. (a) The party who wishes to amend the Rights Table shall notify the other party of any such proposed change and the date from which it proposes that such change will have effect provided that: (i) the amendment may only take effect on a Principal Change Date or Subsidiary Change Date, but in any event shall not take effect before the Principal Change Date in 2019; and (ii) the notice must be given on or before the first day of the month 15 fifteen (15) months before the relevant Principal Change Date or the Subsidiary Change Date as the case may be. (b) Any notice under paragraph 5.2(a) shall specify that party’s proposed amendments to the extent of the window in either or both of the columns headed "Arrival Window" or "Departure Window", and be accompanied by information in reasonable detail supporting the change proposed and setting out the reasons for it. (c) If the party receiving a notice issued under paragraph 5.2(a) agrees that the Rights Table should be amended in accordance with that notice, then it shall as soon as reasonably practicable (and in any event no later than 20 Working Days) after receiving that notice respond in writing setting out its agreement. The parties shall then ensure that XXX is furnished with the agreed amendment and such information and evidence as XXX requires to decide whether or not to approve the amendment. (d) If the party receiving a notice issued under paragraph 5.2(a) does not agree that the Rights Table should be amended in accordance with that notice, then it shall respond to that notice in writing in reasonable detail and with reasons for its response within 20 Working Days of service of such notice. Promptly (and in any event within 20 Working Days) following the service of such written notice of disagreement, the parties shall endeavour to agree whether the Rights Table should be amended in accordance with this paragraph 5 and, if so, the amendments. If they do so agree, the parties shall then ensure that XXX is furnished with the agreed amendment and such information and evidence as XXX requires to decide whether or not to approve the amendment. (e) If the parties fail to reach agreement within 40 Working Days of service of a notice under paragraph 5.2(a), or if prior to that date both parties agree that agreement is unlikely to be reached within that period: (i) either party may notify XXX; and (ii) the parties shall furnish XXX with such information and evidence as XXX shall require in order to determine the matter, such determination to be binding on the parties. (f) In making its determination under paragraph 5.2(e)(ii), XXX shall have regard to the information and evidence provided by the parties, and the duties set out in section 4 of the Act. (g) An amendment to the Rights Table shall take effect only when it has been approved (in the case of an amendment agreed by the parties) or determined (in the case of a proposal referred to XXX under paragraph 5.2(e)) in writing by XXX, and shall apply from the relevant Principal Change Date proposed by the party requesting the change (in accordance with paragraph 5.2(a)).

Appears in 1 contract

Samples: Freight Customer Track Access Contract

Procedure for amendment of the Rights Table. (a) The party who wishes to amend the Rights Table shall notify the other party of any such proposed change and the date from which it proposes that such change will have effect provided that: (i) : the amendment may only take effect on a Principal Change Date or Subsidiary Change Date, but in any event shall not take effect before the Principal Change Date in 2019; and (ii) and the notice must be given on or before the first day of the month 15 months before the relevant Principal Change Date or the Subsidiary Change Date as the case may be. (b) . Any notice under paragraph 5.2(a) shall specify that party’s 's proposed amendments to the extent of the window in either or both of the columns headed "Arrival Window" or "Departure Window", and be accompanied by information in reasonable detail supporting the change proposed and setting out the reasons for it. (c) . If the party receiving a notice issued under paragraph 5.2(a) agrees that the Rights Table should be amended in accordance with that notice, then it shall as soon as reasonably practicable (and in any event no later than 20 Working Days) after receiving that notice respond in writing setting out its agreement. The parties shall then ensure that XXX is furnished with the agreed amendment and such information and evidence as XXX requires to decide whether or not to approve the amendment. (d) . If the party receiving a notice issued under paragraph 5.2(a) does not agree that the Rights Table should be amended in accordance with that notice, then it shall respond to that notice in writing in reasonable detail and with reasons for its response within 20 Working Days of service of such notice. Promptly (and in any event within 20 Working Days) following the service of such written notice of disagreement, the parties shall endeavour to agree whether the Rights Table should be amended in accordance with this paragraph 5 and, if so, the amendments. If they do so agree, the parties shall then ensure that XXX is furnished with the agreed amendment and such information and evidence as XXX requires to decide whether or not to approve the amendment. (e) . If the parties fail to reach agreement within 40 Working Days of service of a notice under paragraph 5.2(a), or if prior to that date both parties agree that agreement is unlikely to be reached within that period: (i) : either party may notify XXX; and (ii) and the parties shall furnish XXX with such information and evidence as XXX shall require in order to determine the matter, such determination to be binding on the parties. (f) . In making its determination under paragraph 5.2(e)(ii), XXX shall have regard to the information and evidence provided by the parties, and the duties set out in section 4 of the Act. (g) . An amendment to the Rights Table shall take effect only when it has been approved (in the case of an amendment agreed by the parties) or determined (in the case of a proposal referred to XXX under paragraph 5.2(e)) in writing by XXX, and shall apply from the relevant Principal Change Date proposed by the party requesting the change (in accordance with paragraph 5.2(a)).. Schedule 6 (Events of Default, Suspension and Termination)

Appears in 1 contract

Samples: Freight Customer Track Access Contract

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