Procedure for amendments to Annex B. (a) The party who wishes to amend Xxxxx B shall notify the other party of any such proposed change and the date from which it proposes that such change will have effect: (i) where such change relates to a forthcoming timetable change, on or before the first day of the month which falls six months before the relevant Principal Change Date or Subsidiary Change Date on which that timetable change is due to occur; and (ii) in any other case prior to the date from which it proposes such change shall have effect. (b) Any notice under sub-paragraph 5.2(a) shall specify as far as possible that party’s proposed amendments to Annex B. Promptly following the service of any such notice the parties shall endeavour to agree whether Annex B should be amended in accordance with this paragraph 5 and if so the amendments. (c) If the parties fail to reach agreement within 90 days after service of the relevant notice, or if prior to that date both parties agree that agreement is unlikely to be reached prior to that date, the matter may be referred for resolution in accordance with the ADRR. In respect of any such dispute which is referred for resolution under the ADRR the parties shall agree in a Procedure Agreement, as defined in the ADRR, that the relevant ADRR Forum shall have regard to any relevant criteria and/or policy statement most recently issued by XXX.
Appears in 16 contracts
Samples: Track Access Contract (Passenger Services), Track Access Contract (Passenger Services), Track Access Contract (Passenger Services)
Procedure for amendments to Annex B. (a) The party who wishes to amend Xxxxx Annex B shall notify the other party of any such proposed change and the date from which it proposes that such change will have effect:
(i) where such change relates to a forthcoming timetable change, on or before the first day of the month which falls six months before the relevant Principal Change Date or Subsidiary Change Date on which that timetable change is due to occur; and
(ii) in any other case prior to the date from which it proposes such change shall have effect.
(b) Any notice under sub-paragraph 5.2(a) shall specify as far as possible that party’s proposed amendments to Annex B. Promptly following the service of any such notice the parties shall endeavour to agree whether Annex B should be amended in accordance with this paragraph 5 and if so the amendments.
(c) If the parties fail to reach agreement within 90 days after service of the relevant notice, or if prior to that date both parties agree that agreement is unlikely to be reached prior to that date, the matter may be referred for resolution in accordance with the ADRR. In respect of any such dispute which is referred for resolution under the ADRR the parties shall agree in a Procedure Agreement, as defined in the ADRR, that the relevant ADRR Forum shall have regard to any relevant criteria and/or policy statement most recently issued by XXX.
Appears in 11 contracts
Samples: Track Access Contract (Passenger Services), Track Access Contract (Passenger Services), Track Access Contract
Procedure for amendments to Annex B. (a) The party who wishes to amend Xxxxx B shall notify the other party of any such proposed change and the date from which it proposes that such change will have effect:
(i) where such change relates to a forthcoming timetable change, on or before the first day of the month which falls six months before the relevant Principal Change Date or Subsidiary Change Date on which that timetable change is due to occur; and
(ii) in any other case prior to the date from which it proposes such change shall have effect.
(b) Any notice under sub-paragraph 5.2(a) shall specify as far as possible that party’s 's proposed amendments to Annex B. Promptly following the service of any such notice the parties shall endeavour to agree whether Annex B should be amended in accordance with this paragraph 5 and if so the amendments.
(c) If the parties fail to reach agreement within 90 days after service of the relevant notice, or if prior to that date both parties agree that agreement is unlikely to be reached prior to that date, the matter may be referred for resolution in accordance with the CVL ADRR. In respect of any such dispute which is referred for resolution under the CVL ADRR the parties shall agree in a Procedure Agreement, as defined in the CVL ADRR, that the relevant CVL ADRR Forum shall have regard to any relevant criteria and/or policy statement most recently issued by XXX.
Appears in 6 contracts
Samples: Track Access Contract, Track Access Contract, Track Access Contract
Procedure for amendments to Annex B. (a) The party who wishes to amend Xxxxx B shall notify the other party of any such proposed change and the date from which it proposes that such change will have effect:effect:
(i) where such change relates to a forthcoming timetable change, on or before the first day of the month which falls six months before the relevant Principal Change Date or Subsidiary Change Date on which that timetable change is due to occur; andand
(ii) in any other case prior to the date from which it proposes such change shall have effect.effect.
(b) Any notice under sub-paragraph 5.2(a) shall specify as far as possible that party’s proposed amendments to Annex B. Promptly following the service of any such notice the parties shall endeavour to agree whether Annex B should be amended in accordance with this paragraph 5 and if so the amendments.amendments.
(c) If the parties fail to reach agreement within 90 days after service of the relevant notice, or if prior to that date both parties agree that agreement is unlikely to be reached prior to that date, the matter may be referred for resolution in accordance with the ADRR. In respect of any such dispute which is referred for resolution under the ADRR the parties shall agree in a Procedure Agreement, as defined in the ADRR, that the relevant ADRR Forum shall have regard to any relevant criteria and/or policy statement most recently issued by XXX.XXX.
Appears in 1 contract
Samples: Track Access Contract
Procedure for amendments to Annex B. (a) The party who wishes to amend Xxxxx Annex B shall notify the other party of any such proposed change and the date from which it proposes that such change will have effect:
(i) where such change relates to a forthcoming timetable change, on or before the first day of the month which falls six months before the relevant Principal Change Date or Subsidiary Change Date on which that timetable change is due to occur; and
(ii) in any other case prior to the date from which it proposes such change shall have effect.
(b) Any notice under sub-paragraph 5.2(a) shall specify as far as possible that party’s 's proposed amendments to Annex B. Promptly following the service of any such notice the parties shall endeavour to agree whether Annex B should be amended in accordance with this paragraph 5 and if so the amendments.
(c) If the parties fail to reach agreement within 90 days after service of the relevant notice, or if prior to that date both parties agree that agreement is unlikely to be reached prior to that date, the matter may be referred for resolution in accordance with the CVL ADRR. In respect of any such dispute which is referred for resolution under the CVL ADRR the parties shall agree in a Procedure Agreement, as defined in the CVL ADRR, that the relevant CVL ADRR Forum shall have regard to any relevant criteria and/or policy statement most recently issued by XXX.
Appears in 1 contract
Samples: Track Access Contract
Procedure for amendments to Annex B. (a) The party who wishes to amend Xxxxx Annex B shall notify the other party of any such proposed change and the date from which it proposes that such change will have effect:
(i) where such change relates to a forthcoming timetable change, on or before the first day of the month which falls six 6 months before the relevant Principal Change Date or Subsidiary Change Date on which that timetable change is due to occur; and
(ii) in any other case prior to the date from which it proposes such change shall have effect.
(b) Any notice under sub-paragraph 5.2(a) shall specify as far as possible that party’s proposed amendments to Annex B. Promptly following the service of any such notice the parties shall endeavour to agree whether Annex B should be amended in accordance with this paragraph 5 and if so the amendments.
(c) If the parties fail to reach agreement within 90 days after service of the relevant notice, or if prior to that date both parties agree that agreement is unlikely to be reached prior to that date, the matter may be referred for resolution in accordance with the ADRR. In respect of any such dispute which is referred for resolution under the ADRR the parties shall agree in a Procedure Agreement, as defined in the ADRR, that the relevant ADRR Forum shall have regard to any relevant criteria and/or policy statement most recently issued by XXX.
Appears in 1 contract