Common use of Removal of Train Path for Under Clause in Contracts

Removal of Train Path for Under. utilisation (a) ARTC has the right, by notice in writing to the Operator, to delete any Scheduled Train Path from Schedule 2 (upon which deletion Schedule 2 is deemed to be amended accordingly) if the Service using that Scheduled Train Path is not operated 7 or more times (whether consecutively or not) out of any 12 such Services which are consecutively scheduled. Such notice may only be given within 14 days after the seventh occasion of not operating. (b) Other than if the parties agree to substitute an alternative Train Path a Service has not been operated within the meaning of clause 9.5 (a) if the Operator has failed: (i) to present a Train at the scheduled entry point onto the Network; or (ii) to operate the relevant Train so that it completes its full journey, in conformance with the locations, days and times set out in the Scheduled Train Paths applicable to such Service.

Removal of Train Path for Under. utilisation (a) ARTC has the right, by notice in writing to the Operator, to delete any Scheduled Train Path from Schedule 2 (upon which deletion Schedule 2 is deemed to be amended accordingly) if the Service using that Scheduled Train Path is not operated 7 or more times (whether consecutively or not) out of any 12 such Services which are consecutively scheduled. Such notice may only be given within 14 days after the seventh occasion of not operating. (b) Other than if the parties agree to substitute an alternative Train Path a Service has not been operated within the meaning of clause 9.5 (a) if the Operator has failed: (i) to present a Train at the scheduled entry point onto the Network; or (ii) to operate the relevant Train so that it completes its full journey, in conformance with the locations, locations and days and times set out in the Scheduled Train Paths applicable to such Service. For the avoidance of doubt, clause 9.5 does not apply to a late train service.

Removal of Train Path for Under. utilisation (a) ARTC has the right, by notice in writing to the Operator, to delete any Scheduled Train Path from Schedule 2 (upon which deletion Schedule 2 is deemed to be amended accordingly) if the Service using that Scheduled Train Path is not operated 7 or more times (whether consecutively or not) out of any 12 such Services which are consecutively scheduled. Such notice may only be given within 14 days after the seventh occasion of not operating. (b) Other than if the parties agree to substitute an alternative Train Path a Service has not been operated within the meaning of clause 9.59.4 (a) if the Operator has failed: (i) to present a Train at the scheduled entry point onto the Network; or (ii) to operate the relevant Train so that it completes its full journey, in conformance with the locations, days and times set out in the Scheduled Train Paths applicable to such Service.