Provisions relating to Access Agreements and Property Leases. 11.1 Where the Secretary of State considers it requisite for the purposes of better securing the delivery of railway passenger services under the Franchise Agreement, or any other franchise agreement, or for the better achievement by him of any of his duties, functions and powers in relation to railways, the Secretary of State may require the Franchisee: (a) to exercise or refrain from exercising any or all of its rights under any Access Agreement or any Property Lease, or any related rights under such other agreements as the Secretary of State may specify; and/or (b) subject to the consent of the counterparty thereto, to assign, novate or surrender its rights under any Access Agreement or Property Lease. 11.2 Except to the extent that the Secretary of State otherwise indicates from time to time, the Franchisee shall notify the Secretary of State of its intention to enter into or amend any Access Agreement: (a) where the approval of the XXX is required under the Act, not less than 10 business days before the submission to the XXX; and (b) where no such approval is required, not less than 10 business days prior to entering into such amendment or Access Agreement. 11.3 The Franchisee shall comply with its obligations under any Access Agreement or any Property Lease to which it is a party from time to time: (a) to notify or consult with the Secretary of State on any matter or proposal relating to that Access Agreement or Property Lease; and (b) which are contingent on a particular course of action being taken by the Secretary of State or which are otherwise expressly included in that Access Agreement or Property Lease for the benefit of the Secretary of State. 11.4 If and to the extent that: (a) the Secretary of State exercises his rights pursuant to paragraph 11.1; (b) the Franchisee's compliance with the Secretary of State's requirements pursuant to paragraph 11.1 would lead to the unavoidable consequence of the Franchisee contravening any other terms of the Franchise Agreement or the occurrence of an Event of Default; and (c) the Franchisee duly complies with such requirements, no such contravention of the Franchise Agreement or Event of Default shall have occurred.
Appears in 4 contracts
Samples: Franchise Agreement, Franchise Agreement, Franchise Agreement
Provisions relating to Access Agreements and Property Leases. 11.1 13.1 Where the Secretary of State RfL considers it requisite for the purposes of better securing the delivery of railway passenger services under the Franchise this Agreement, or any other franchise agreementagreement to which RfL may be a party for the procurement of public transport services, or for the better achievement by him it of any of his its duties, functions and powers in relation to railways, the Secretary of State RfL may require the FranchiseeOperator:
(a) to exercise or refrain from exercising any or all of its rights under any Access Agreement or any Property Lease, or any related rights under such other agreements as the Secretary of State RfL may specify; and/or
(b) subject to the consent of the counterparty thereto, to assign, novate or surrender its rights under any Access Agreement or Property Lease.
11.2 13.2 Except to the extent that the Secretary of State RfL otherwise indicates from time to time, the Franchisee Operator shall notify the Secretary of State RfL of its intention to enter into or amend any Access Agreement:
(a) where the approval of the XXX is required under the Act, not less than 10 business days ten Business Days before the submission to the XXX; and
(b) where no such approval is required, not less than 10 business days ten Business Days prior to entering into such amendment or Access Agreement.
11.3 13.3 The Franchisee Operator shall comply with its obligations under any Access Agreement or any Property Lease to which it is a party from time to time:
(a) to notify or consult with the Secretary of State RfL on any matter or proposal relating to that Access Agreement or Property Lease; and
(b) which are contingent on a particular course of action being taken by the Secretary of State RfL or which are otherwise expressly included in that Access Agreement or Property Lease for the benefit of the Secretary of State.RfL.
11.4 13.4 If and to the extent that:
(a) the Secretary of State RfL exercises his its rights pursuant to paragraph 11.113.1;
(b) the Franchisee's Operator’s compliance with the Secretary of State's RfL’s requirements pursuant to paragraph 11.1 13.1 would lead to the unavoidable consequence of the Franchisee Operator contravening any other terms of the Franchise this Agreement or the occurrence of an Event of Default; and
(c) the Franchisee Operator duly complies with such requirements, no such contravention of the Franchise this Agreement or Event of Default shall have occurred.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Provisions relating to Access Agreements and Property Leases. 11.1 Where the Secretary of State considers it requisite for the purposes of better securing the delivery of railway passenger services under the Franchise Agreement, or any other franchise agreement, or for the better achievement by him of any of his duties, functions and powers in relation to railways, the Secretary of State may require the Franchisee:
(a) to exercise or refrain from exercising any or all of its rights under any Access Agreement or any Property Lease, or any related rights under such other agreements as the Secretary of State may specify; and/or
(b) subject to the consent of the counterparty thereto, to assign, novate or surrender its rights under any Access Agreement or Property Lease.
11.2 Except to the extent that the Secretary of State otherwise indicates from time to time, the Franchisee shall notify the Secretary of State of its intention to enter into or amend any Access Agreement:
(a) where the approval of the XXX is required under the Act, not less than 10 business days before the submission to the XXX; and
(b) where no such approval is required, not less than 10 business days prior to entering into such amendment or Access Agreement.
11.3 The Franchisee shall comply with its obligations under any Access Agreement or any Property Lease to which it is a party from time to time:
(a) to notify or consult with the Secretary of State on any matter or proposal relating to that Access Agreement or Property Lease; and
(b) which are contingent on a particular course of action being taken by the Secretary of State or which are otherwise expressly included in that Access Agreement or Property Lease for the benefit of the Secretary of State.
11.4 If and to the extent that:
(a) the Secretary of State exercises his rights pursuant to paragraph 11.1;
(b) the Franchisee's compliance with the Secretary of State's requirements pursuant to paragraph 11.1 would lead to the unavoidable consequence of the Franchisee contravening any other terms of the Franchise Agreement or the occurrence of an Event of Default; and
(c) the Franchisee duly complies with such requirements, no such contravention of the Franchise Agreement or Event of Default shall have occurred.,
Appears in 1 contract
Samples: Franchise Agreement
Provisions relating to Access Agreements and Property Leases. 11.1 13.1 The Franchisee shall be entitled to seek and/or exercise Additional Timetable Development Rights without the Secretary of State's consent, but it shall not seek and/or exercise any such rights where to do so would prevent or hinder it securing a Timetable that enables it to operate railway passenger services that comply with the Service Level Commitment.
13.2 Where the Secretary of State considers it requisite for the purposes of better securing the delivery of railway passenger services under the Franchise Agreement, or any other franchise agreement, or for the better achievement by him of any of his duties, functions and powers in relation to railways, railways the Secretary of State may require the Franchisee:
(a) to exercise or refrain from exercising any or all of its rights under any Access Agreement or any Property Lease, or any related rights under such other agreements as the Secretary of State may specify; and/or
(b) subject to the consent of the counterparty thereto, to assign, novate or surrender its rights under any Access Agreement or Property Lease.
11.2 13.3 Except to the extent that the Secretary of State otherwise indicates from time to time, the Franchisee shall notify the Secretary of State of its intention to enter into or amend any Access Agreement:
(a) where the approval of the XXX is required under the Act, not less than 10 business days before the submission to the XXX; and
(b) where no such approval is required, not less than 10 business days prior to entering into such amendment or Access Agreement.
11.3 13.4 The Franchisee shall comply with its obligations under any Access Agreement or any Property Lease to which it is a party from time to time:
(a) to notify or consult with the Secretary of State on any matter or proposal relating to that Access Agreement or Property Lease; and
(b) which are contingent on a particular course of action being taken by the Secretary of State or which are otherwise expressly included in that Access Agreement or Property Lease for the benefit of the Secretary of State.
11.4 13.5 If and to the extent that:
(a) the Secretary of State exercises his rights pursuant to paragraph 11.112.2;
(b) the Franchisee's compliance with the Secretary of State's requirements pursuant to paragraph 11.1 would lead to the unavoidable consequence of the Franchisee contravening any other terms of the Franchise Agreement or the occurrence of an Event of Default; and
(c) the Franchisee duly complies with such requirements, no such contravention of the Franchise Agreement or Event of Default shall have occurred.paragraph
Appears in 1 contract
Samples: Franchise Agreement
Provisions relating to Access Agreements and Property Leases. 11.1 12.1 Where the Secretary of State considers it requisite for the purposes of better securing the delivery of railway passenger services under the Franchise Agreement, or any other franchise agreement, or for the better achievement by him of any of his duties, functions and powers in relation to railways, railways the Secretary of State may require the Franchisee:
(a) to exercise or refrain from exercising any or all of its rights under any Access Agreement or any Property Lease, or any related rights under such other agreements as the Secretary of State may specify; and/or
(b) subject to the consent of the counterparty thereto, to assign, novate or surrender its rights under any Access Agreement or Property Lease.
11.2 12.2 Except to the extent that the Secretary of State otherwise indicates from time to time, the Franchisee shall notify the Secretary of State of its intention to enter into or amend any Access Agreement:
(a) where the approval of the XXX is required under the Act, not less than 10 business days Weekdays before the submission to the XXX; and
(b) where no such approval is required, not less than 10 business days Weekdays prior to entering into such amendment or Access Agreement.
11.3 12.3 The Franchisee shall comply with its obligations under any Access Agreement or any Property Lease to which it is a party from time to time:
(a) to notify or consult with the Secretary of State on any matter or proposal relating to that Access Agreement or Property Lease; and
(b) which are contingent on a particular course of action being taken by the Secretary of State or which are otherwise expressly included in that Access Agreement or Property Lease for the benefit of the Secretary of State.
11.4 12.4 If and to the extent that:
(a) the Secretary of State exercises his rights pursuant to paragraph 11.1;12.1; and
(b) the Franchisee's compliance with the Secretary of State's requirements pursuant to paragraph 11.1 12.1 would lead to the unavoidable consequence of the Franchisee contravening any other terms of the Franchise Agreement or the occurrence of an Event of Default; and
(c) the Franchisee duly complies with such requirements, no such contravention of the Franchise Agreement or Event of Default shall have occurred.
Appears in 1 contract
Samples: Franchise Agreement
Provisions relating to Access Agreements and Property Leases. 11.1 12.1 Where the Secretary of State considers it requisite for the purposes of better securing the delivery of railway passenger services under the Franchise Agreement, or any other franchise agreement, agreement or for the better achievement by him of any of his duties, functions and powers in relation to railways, the Secretary of State may require the Franchisee:
(a) to exercise or refrain from exercising any or all of its rights under any Access Agreement or any Property Lease, or any related rights under such other agreements as the Secretary of State may specify; and/or
(b) subject to the consent of the counterparty thereto, to assign, novate or surrender its rights under any Access Agreement or Property Lease.
11.2 12.2 Except to the extent that the Secretary of State otherwise indicates from time to time, the Franchisee shall notify the Secretary of State of its intention to enter into or amend any Access Agreement:
(a) where the approval of the XXX is required under the Act, not less than 10 business days Weekdays before the submission to the XXX; and
(b) where no such approval is required, not less than 10 business days Weekdays prior to entering into such amendment or Access Agreement.
11.3 12.3 The Franchisee shall comply with its obligations under any Access Agreement or any Property Lease to which it is a party from time to time:
(a) to notify or consult with the Secretary of State on any matter or proposal relating to that Access Agreement or Property Lease; and
(b) which are contingent on a particular course of action being taken by the Secretary of State or which are otherwise expressly included in that Access Agreement or Property Lease for the benefit of the Secretary of State.
11.4 12.4 If and to the extent that:
(a) the Secretary of State exercises his rights pursuant to paragraph 11.1;12.1; and
(b) the Franchisee's compliance with the Secretary of State's requirements pursuant to paragraph 11.1 12.1 would lead to the unavoidable consequence of the Franchisee contravening any other terms of the Franchise Agreement or the occurrence of an Event of Default; and
(c) the Franchisee duly complies with such requirements, no such contravention of the Franchise Agreement or Event of Default shall have occurred.
Appears in 1 contract
Samples: Franchise Agreement
Provisions relating to Access Agreements and Property Leases. 11.1 19.1 Where the Secretary of State considers it requisite for the purposes of better securing the delivery of railway passenger services under the this Franchise Agreement, or any other franchise agreement, or for the better achievement by him of any of his duties, functions and powers in relation to railways, the Secretary of State may require the Franchisee:
(a) to exercise or refrain from exercising any or all of its rights under any Access Agreement or any Property Lease, or any related rights under such other agreements as the Secretary of State may specify; and/or
(b) subject to the consent of the counterparty thereto, to assign, novate or surrender its rights under any Access Agreement or Property Lease.
11.2 19.2 Except to the extent that the Secretary of State otherwise indicates from time to time, the Franchisee shall notify the Secretary of State of its intention to enter into or amend any Access Agreement:
(a) where the approval of the XXX is required under the Act, not less than 10 business days ten (10) Weekdays before the submission to the XXX; and
(b) where no such approval is required, not less than 10 business days ten (10) Weekdays prior to entering into such amendment or Access Agreement.
11.3 19.3 The Franchisee shall comply with its obligations under any Access Agreement or any Property Lease to which it is a party from time to time:
(a) to notify or consult with the Secretary of State on any matter or proposal relating to that Access Agreement or Property Lease; and
(b) which are contingent on a particular course of action being taken by the Secretary of State or which are otherwise expressly included in that Access Agreement or Property Lease for the benefit of the Secretary of State.
11.4 19.4 If and to the extent that:
(a) the Secretary of State exercises his rights pursuant to paragraph 11.119.1;
(b) the Franchisee's compliance with the Secretary of State's requirements pursuant to paragraph 11.1 19.1 would lead to the unavoidable consequence of the Franchisee contravening any other terms of the this Franchise Agreement or the occurrence of an Event of Default; and
(c) the Franchisee duly complies with such requirements, no such contravention of the this Franchise Agreement or Event of Default shall have occurred.
Appears in 1 contract
Samples: Franchise Agreement
Provisions relating to Access Agreements and Property Leases. 11.1 12.1 Where the Secretary of State considers it requisite for the purposes of better securing the delivery of railway passenger services under the Franchise Agreement, or any other franchise agreement, or for the better achievement by him of any of his duties, functions and powers in relation to railways, the Secretary of State may require the Franchisee:
(a) to exercise or refrain from exercising any or all of its rights under any Access Agreement or any Property Lease, or any related rights under such other agreements as the Secretary of State may specify; and/or
(b) subject to the consent of the counterparty thereto, to assign, novate or surrender its rights under any Access Agreement or Property Lease.
11.2 12.2 Except to the extent that the Secretary of State otherwise indicates from time to time, the Franchisee shall notify the Secretary of State of its intention to enter into or amend any Access Agreement:
(a) where the approval of the XXX is required under the Act, not less than 10 business days Weekdays before the submission to the XXX; and
(b) where no such approval is required, not less than 10 business days Weekdays prior to entering into such amendment or Access Agreement.
11.3 12.3 The Franchisee shall comply with its obligations under any Access Agreement or any Property Lease to which it is a party from time to time:
(a) to notify or consult with the Secretary of State on any matter or proposal relating to that Access Agreement or Property Lease; and
(b) which are contingent on a particular course of action being taken by the Secretary of State or which are otherwise expressly included in that Access Agreement or Property Lease for the benefit of the Secretary of State.
11.4 12.4 If and to the extent that:
(a) the Secretary of State exercises his rights pursuant to paragraph 11.112.1;
(b) the Franchisee's compliance with the Secretary of State's requirements pursuant to paragraph 11.1 12.1 would lead to the unavoidable consequence of the Franchisee contravening any other terms of the Franchise Agreement or the occurrence of an Event of Default; and
(c) the Franchisee duly complies with such requirements, no such contravention of the Franchise Agreement or Event of Default shall have occurred.
Appears in 1 contract
Samples: Franchise Agreement
