Common use of Procedure for amendments to Annex B Clause in Contracts

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. (d) Any amendment to Annex B shall take effect only when it has been approved by XXX under section 22 of the Act. Accordingly, as soon as reasonably practicable after any such amendment is agreed or determined in accordance with this paragraph 5, the parties shall use all reasonable endeavours to ensure that XXX is furnished with such amendment and sufficient information and evidence as it shall require to determine whether or not to approve the amendment. (e) Any amendment to Annex B shall apply with effect from: (i) the relevant Principal Change Date or Subsidiary Change Date (where paragraph 5.2(a)(i) applies); or (ii) subject to paragraph 5.2(d) the date proposed by the party requesting the change in accordance with paragraph 5.2(a)(ii) (unless otherwise agreed by the parties or determined by the expert in relation to the change).

Appears in 3 contracts

Samples: Track Access Contract (Passenger Services), Track Access Contract (Passenger Services), Track Access Contract (Passenger Services)

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Procedure for amendments to Annex B. (a) The party who wishes to amend Xxxxx B X 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) and 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. (d) . Any amendment to Annex B shall take effect only when it has been approved by XXX under section 22 of the Act. Accordingly, as soon as reasonably practicable after any such amendment is agreed or determined in accordance with this paragraph 5, the parties shall use all reasonable endeavours to ensure that XXX is furnished with such amendment and sufficient information and evidence as it shall require to determine whether or not to approve the amendment. (e) . Any amendment to Annex B shall apply with effect from: (i) : the relevant Principal Change Date or Subsidiary Change Date (where paragraph 5.2(a)(i) applies); or (ii) or subject to paragraph 5.2(d) the date proposed by the party requesting the change in accordance with paragraph 5.2(a)(ii) (unless otherwise agreed by the parties or determined by the expert in relation to the change).

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 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. (d) Any amendment to Annex B shall take effect only when it has been approved by XXX under section 22 of the Act. Accordingly, as soon as reasonably practicable after any such amendment is agreed or determined in accordance with this paragraph 5, the parties shall use all reasonable endeavours to ensure that XXX is furnished with such amendment and sufficient information and evidence as it shall require to determine whether or not to approve the amendment. (e) Any amendment to Annex B shall apply with effect from: (i) the relevant Principal Change Date or Subsidiary Change Date (where paragraph 5.2(a)(i) applies); or (ii) subject to paragraph 5.2(d) the date proposed by the party requesting the change in accordance with paragraph 5.2(a)(ii) (unless otherwise agreed by the parties or determined by the expert in relation to the change).

Appears in 1 contract

Samples: Track Access Contract

Procedure for amendments to Annex B. (a) The party who wishes to amend Xxxxx B X 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) and 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. (d) . Any amendment to Annex B shall take effect only when it has been approved by XXX under section 22 of the Act. Accordingly, as soon as reasonably practicable after any such amendment is agreed or determined in accordance with this paragraph 5, the parties shall use all reasonable endeavours to ensure that XXX is furnished with such amendment and sufficient information and evidence as it shall require to determine whether or not to approve the amendment. (e) . Any amendment to Annex B shall apply with effect from: (i) : the relevant Principal Change Date or Subsidiary Change Date (where paragraph 5.2(a)(i) applies); or (ii) or subject to paragraph 5.2(d) the date proposed by the party requesting the change in accordance with paragraph 5.2(a)(ii) (unless otherwise agreed by the parties or determined by the expert in relation to the change).

Appears in 1 contract

Samples: Track Access Contract

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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) and 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. (d) . Any amendment to Annex B shall take effect only when it has been approved by XXX under section 22 of the Act. Accordingly, as soon as reasonably practicable after any such amendment is agreed or determined in accordance with this paragraph 5, the parties shall use all reasonable endeavours to ensure that XXX is furnished with such amendment and sufficient information and evidence as it shall require to determine whether or not to approve the amendment. (e) . Any amendment to Annex B shall apply with effect from: (i) : the relevant Principal Change Date or Subsidiary Change Date (where paragraph 5.2(a)(i) applies); or (ii) or subject to paragraph 5.2(d) the date proposed by the party requesting the change in accordance with paragraph 5.2(a)(ii) (unless otherwise agreed by the parties or determined by the expert in relation to the change).

Appears in 1 contract

Samples: Track Access Contract (Passenger Services)

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