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

Procedure for amendment of the Rights Table. 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: 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 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. 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. 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. 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. 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: either party may notify XXX; 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. 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. 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) Events of Default

Appears in 3 contracts

Samples: www.orr.gov.uk, tfwrail.wales, tfwrail.wales

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Procedure for amendment of the Rights Table. 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: 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 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. 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. 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. 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. 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: either party may notify XXX; 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. 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. 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 1: Rights Table Schedule 6 (Events of Default, suspension Suspension and termination) Events of DefaultTermination)

Appears in 1 contract

Samples: www.orr.gov.uk

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Procedure for amendment of the Rights Table. 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: 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 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. 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. 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. 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. 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: either party may notify XXX; 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. 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. 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 table Schedule 6 (Events of Defaultdefault, suspension and termination) Events of Default

Appears in 1 contract

Samples: www.orr.gov.uk

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