Review of payment for Delay and Cancellations to Third Party Train Operator Services Sample Clauses

Review of payment for Delay and Cancellations to Third Party Train Operator Services. 6.1 Either Network Rail or the Train Operator may by written notice to the other served within a period of 120 days after the end of a contract Year request a review of the payments and invoices for Delay and Cancellations to Third Party Train Operators in that contract Year(“Schedule 8 Notice”). 6.2 Where Network Rail serves a Schedule 8 Notice that notice shall include:
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Review of payment for Delay and Cancellations to Third Party Train Operator Services. 6.1 Either Network Rail or the Train Operator may by written notice to the other served within a period of 120 days after the end of a contract Year request a review of the payments and invoices for Delay and Cancellations to Third Party Train Operators in that contract Year (“Schedule 8 Notice”). 6.2 Where Network Rail serves a Schedule 8 Notice that notice shall include: (a) a statement of the total amount invoiced to the Train Operator by Network Rail under paragraph 5 of this Schedule 8 (“Train Operator Payments”); (b) a statement of the total of all amounts actually paid by Network Rail to all Third Party Train Operators and of all amounts due to and allowed to all Third Party Train Operators by Network Rail in relation to all Delay and Cancellations Attributable to the Train Operator and those parts of any Delay and any Cancellations Attributable to both the Train Operator and Network Rail for which the Train Operator is liable in that contract Year (“Network Rail Payments”); (c) a calculation showing the difference between the Train Operator Payments and the Network Rail Payments or the Network Rail Payments and the Train Operator Payments (as the case may be) (“Balancing Amount”). 6.3 Where the Train Operator serves a Schedule 8 Notice, within 28 days of the date of that Schedule 8 Notice, Network Rail shall provide to the Train Operator the statements and calculation referred to in paragraph 6.2 above. 6.4 Following the service of a Schedule 8 Notice by either party, where the Train Operator Payments exceed the Network Rail Payments, Network Rail shall pay the Balancing Amount to the Train Operator within 56 days of the Schedule 8 Notice. Following the service of a Schedule 8 Notice by either party, where the Network Rail Payments exceed the Train Operator Payments, the Train Operator shall pay the Balancing Amount to Network Rail within 56 days of the Schedule 8 Notice. 1.1 Any payment for Delay shall be at a rate of £3 per minute of Delay multiplied by the Fixed Track Charge Indexation for the relevant contract Year (as calculated in accordance with Part 2 of Schedule 7). Charter Destination Points (Not used)‌‌ SPP Threshold (not used)‌ (Limitation on Liability)‌
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Review of payment for Delay and Cancellations to Third Party Train Operator Services. 6.1 Either Network Rail or the Train Operator may by written notice to the other served within a period of 120 days after the end of a contract Year request a review of the payments and invoices for Delay and Cancellations to Third Party Train Operators in that contract Year(“Schedule 8 Notice”). 6.2 Where Network Rail serves a Schedule 8 Notice that notice shall include: a). a statement of the total amount invoiced to the Train Operator by Network Rail under paragraph 5 of this Schedule 8 (“Train Operator Payments”); b). a statement of the total of all amounts actually paid by Network Rail to all Third Party Train Operators and of all amounts due to and allowed to all Third Party Train Operators by Network Rail in relation to all Delay and Cancellations Attributable to the Train Operator and those parts of any Delay and any Cancellations Attributable to both the Train Operator and Network Rail for which the Train Operator is liable in that contract Year (“Network Rail Payments”);
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Related to Review of payment for Delay and Cancellations to Third Party Train Operator Services

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