REDUCTION OF CONDITIONAL ACCESS RIGHTS DUE TO CAPACITY SHORTFALL. 61 9.1 Application 61 9.2 Conditional Access Rights 61 9.3 Effect on Operator nominations 62 9.4 Future capacity developments 66 10 RELINQUISHMENT OF ACCESS RIGHTS 66 11 TRANSFER OF ACCESS RIGHTS BY ACCESS HOLDER 77 12 REDUCTION FACTOR 80 12.1 Determination of the Reduction Factor 83 12.2 Replacement Access Agreement 85
REDUCTION OF CONDITIONAL ACCESS RIGHTS DUE TO CAPACITY SHORTFALL. 37 9.1 Application 37 9.2 Conditional Access Rights 37 9.3 Effect on Operator nominations 38 9.4 Future capacity developments 38 10 REDUCTION OF NOMINATED MONTHLY TRAIN SERVICES IF MAXIMUM PAYLOAD EXCEEDED 38 10.1 Notification of reduction of Nominated Monthly Train Services 39 10.2 Determining the Affected Train Service Type 39 10.3 Calculation of Revised Nominal Payload 40 10.4 Calculation of Revised Maximum Payload 40 10.5 Calculation of Revised Nominated Monthly Train Services 41 10.6 Dispute 41 10.7 Variation to Train Description 42 10.8 Variation to Train Operations Deeds 42 10.9 No prejudice to other rights 43 11 ACCESS HOLDER INITIATED INCREASE TO MAXIMUM PAYLOAD 43 11.1 Request for increased Maximum Payload 43 11.2 Response Notice and Variation Request Notice 43 11.3 Consequences of a Variation Request Notice 45 12 REDUCTION OF NOMINATED MONTHLY TRAIN SERVICES IF NOMINAL PAYLOAD INCREASED 46 12.1 Notice of Intention to Increase Nominal Payload 46 12.2 Calculation of Revised Maximum Payload 47 12.3 Calculation of Revised Nominated Monthly Train Services 47 12.4 Dispute in relation to variations to Train Description 48 12.5 Withdrawal of Notice of Intention to Increase Nominal Payload 48 12.6 Variation to Train Description 49 12.7 Variation of Train Operations Deeds and Operator nominations 49 13 RELINQUISHMENT OF ACCESS RIGHTS 50 14 TRANSFER OF ACCESS RIGHTS BY ACCESS HOLDER 50 15 REDUCTION FACTOR 50 15.1 Determination of the Reduction Factor 50 15.2 Replacement Access Agreement 50 16 RESUMPTIONS, REDUCTIONS, RELINQUISHMENTS AND TRANSFERS - GENERAL 50 16.1 Termination where no Access Rights remain 50 16.2 Effect on entitlement to operate and Access Charge Rates 50 16.3 No compensation or liability 51
REDUCTION OF CONDITIONAL ACCESS RIGHTS DUE TO CAPACITY SHORTFALL. 37 9.1 Application 37 9.2 Conditional Access Rights 37 9.3 Effect on Operator nominations 38 9.4 Future capacity developments 38 10 ACCESS HOLDER INITIATED INCREASE TO MAXIMUM PAYLOAD 39 10.1 Request for increased Maximum Payload 39 10.2 Response Notice and Variation Request Notice 39 10.3 Dispute 41 10.4 Consequences of a Variation Request Notice 41 11 REDUCTION OF NOMINATED MONTHLY TRAIN SERVICES IF MAXIMUM PAYLOAD EXCEEDED 43
REDUCTION OF CONDITIONAL ACCESS RIGHTS DUE TO CAPACITY SHORTFALL