Common use of RIGHTS AND OBLIGATIONS OF THE Clause in Contracts

RIGHTS AND OBLIGATIONS OF THE. Parties to the Agreement 1. In the process of reserving framework capacity, the Parties undertake to respect the principles set forth in subsection 2.3.1 of the Regulations. 2. Within the deadline set out in the Regulations the Applicant, within the given annual train timetable, shall submit applications for allocation of train paths in the relations specified in Annex No. 2 using the 100% reserved framework capacity. 3. The Manager has set a two-hour time frame for the framework capacity on a given line / railway section for reference to the same control period. 4. The Applicant shall inform the Manager promptly of any intention not to use the framework capacity and shall resign from it. Resignation of the framework capacity is made in writing to: PKP Polskie Linie Kolejowe S.A. Sales Office, 03-734 Warsaw xx. Xxxxxxx 00, e-mail: xxx@xxx-xx.xx. 5. Resignation from the framework capacity, submitted at least 3 months prior to the deadline for submitting applications for allocation of train paths in a given annual train timetable, results in reduced number of reserved routes and amendment hereof. 6. In the Applicant shall not submit the application for allocation of train paths within the annual train timetable, based on the framework capacity specified in Annex No. 1, the unused framework capacity shall be released in that annual train schedule and the Manager shall have the right to dispose of it. Release of unused framework capacity shall take place at the expiry date specified in the Regulation, as the deadline for submitting applications for allocation of train paths within the given annual train timetable. This does not constitute an amendment hereto and does not require a written form. 7. If the Applicant fails to give the reasons referred to in point 6 within 14 days after the deadline for submission of applications for allocation of train paths in the annual train timetable, or cause will be on the part of the Applicant, the Manager shall modify the Agreement for subsequent annual train timetables for the number of unused routes. 8. The Manager assigns the applicant the train paths within the annual train timetable specified in Annex No. 2, for which the railway line framework capacity has been reserved, on the basis of regulations valid in the annual timetable for trains. 9. The Manager, in the cases referred to in points 5, 6 and 7 reserves the right to amend the Agreement in order to allow achieving a better use of the framework railway lines capacity. 10. In the event of a collision of an application for a framework capacity between a framework agreement and/or other framework capacity applications, the Manager, after conducting the coordination process in accordance with the principles defined in subsection 4.4.2, reserves the right to modify the Agreement. 11. Twice a year, i.e. in April and October, the Manager performs periodic consultations with the Applicant to review the Agreement and justify its continuation. The Manager in the event of stating that the use on the given railway lines is less than 70% of the number of trains for a period of three consecutive calendar months: January to March, July to September for which the annual train timetable were allocated according to the allocated framework capacity, reduces the railway capacity for these rail lines/sections as defined in Annex No. 1, the framework capacity for subsequent annual train schedules accordingly to % of its non-use. If the Applicant presents reasons for lower use of the number of train paths, PLK with the Applicant shall determine the amount of reduction of the framework capacity for those lines/sections.

RIGHTS AND OBLIGATIONS OF THE. Parties to the Agreement 1. In the process of reserving framework capacity, the Parties undertake to respect the principles set forth in subsection 2.3.1 of the Regulations. 2. Within the deadline set out in the Regulations the Applicant, within the given annual train timetable, shall submit applications for allocation of train paths in the relations specified in Annex No. 2 using the 100% reserved framework capacity. 3. The Manager has set a two-hour time frame for the framework capacity on a given line / railway section for reference to the same control period. 4. The Applicant shall inform the Infrastructure Manager promptly of any intention not to use the framework capacity and shall resign from it. Resignation of the framework capacity is made in writing to: PKP Polskie Linie Kolejowe S.A. Sales Office, Centrala Biuro Sprzedaży 03-734 Warsaw Warszawa, xx. Xxxxxxx 00, Targowa 74 e-mail: xxx@xxx-xx.xx. 54. Resignation from the framework capacity, submitted at least 3 months prior to the deadline for submitting applications for allocation of train paths in a given annual train timetable, results in reduced number of reserved routes and amendment hereof. 65. In the Applicant shall not submit the application for allocation of train paths within the annual train timetable, based on the framework capacity specified in Annex No. 1, the unused framework capacity shall be released in that annual train schedule and the Infrastructure Manager shall have the right to dispose of it. Release of unused framework capacity shall take place at the expiry date specified in the Regulation, as the deadline for submitting applications for allocation of train paths within the given annual train timetable. This does not constitute an amendment hereto and does not require a written form. 76. If the Applicant fails to give the reasons referred to in point 6 5 within 14 days after the deadline for submission of applications for allocation of train paths in the annual train timetable, or cause will be on the part of the Applicant, the Infrastructure Manager shall modify the Agreement for subsequent annual train timetables for the number of unused routes. 87. The Infrastructure Manager assigns the applicant the train paths within the annual train timetable specified in Annex No. 2, for which the railway line framework capacity has been reserved, on the basis of regulations valid in the annual timetable for trains. 98. The Infrastructure Manager, in the cases referred to in points 54, 5 and 6 and 7 reserves the right to amend the Agreement in order to allow achieving a better use of the framework railway lines capacity. 109. In the event of a collision of an application for a framework capacity between a framework agreement and/or other framework capacity applications, the Infrastructure Manager, after conducting the coordination process in accordance with the principles defined in subsection 4.4.2, reserves the right to modify the Agreement. 1110. Twice a year, i.e. in April and October, the Infrastructure Manager performs periodic consultations with the Applicant to review the Agreement and justify its continuation. The Infrastructure Manager in the event of stating that the use on the given railway lines is less than 70% of the number of trains for a period of three consecutive calendar months: January to March, July to September for which the annual train timetable were allocated according to the allocated framework capacity, reduces the railway capacity for these rail lines/sections as defined in Annex No. 1, the framework capacity for subsequent annual train schedules accordingly to % of its non-use. If the Applicant presents reasons for lower use of the number of train paths, PLK with the Applicant shall determine the amount of reduction of the framework capacity for those lines/sections.

RIGHTS AND OBLIGATIONS OF THE. Parties to the Agreement 1. In the process of reserving framework capacity, the Parties undertake to respect the principles set forth in subsection 2.3.1 of the Regulations. 2. Within the deadline set out in the Regulations the Applicant, within the given annual train timetable, shall submit applications for allocation of train paths in the relations specified in Annex No. 2 using the 100% reserved framework capacity. 3. The Manager has set a two-hour time frame for the framework capacity on a given line / railway section for reference to the same control period. 4. The Applicant shall inform the Manager promptly of any intention not to use the framework capacity and shall resign from it. Resignation of the framework capacity is made in writing to: PKP Polskie Linie Kolejowe S.A. Sales Office, 03-734 Warsaw xx. Xxxxxxx 00, e-mail: xxx@xxx-xx.xx. 54. Resignation from the framework capacity, submitted at least 3 months prior to the deadline for submitting applications for allocation of train paths in a given annual train timetable, results in reduced number of reserved routes and amendment hereof. 65. In the Applicant shall not submit the application for allocation of train paths within the annual train timetable, based on the framework capacity specified in Annex No. 1, the unused framework capacity shall be released in that annual train schedule and the Manager shall have the right to dispose of it. Release of unused framework capacity shall take place at the expiry date specified in the Regulation, as the deadline for submitting applications for allocation of train paths within the given annual train timetable. This does not constitute an amendment hereto and does not require a written form. 76. If the Applicant fails to give the reasons referred to in point 6 5 within 14 days after the deadline for submission of applications for allocation of train paths in the annual train timetable, or cause will be on the part of the Applicant, the Manager shall modify the Agreement for subsequent annual train timetables for the number of unused routes. 87. The Manager assigns the applicant the train paths within the annual train timetable specified in Annex No. 2, for which the railway line framework capacity has been reserved, on the basis of regulations valid in the annual timetable for trains. 98. The Manager, in the cases referred to in points 54, 5 and 6 and 7 reserves the right to amend the Agreement in order to allow achieving a better use of the framework railway lines capacity. 109. In the event of a collision of an application for a framework capacity between a framework agreement and/or other framework capacity applications, the Manager, after conducting the coordination process in accordance with the principles defined in subsection 4.4.2, reserves the right to modify the Agreement. 1110. Twice a year, i.e. in April and October, the Manager performs periodic consultations with the Applicant to review the Agreement and justify its continuation. The Manager in the event of stating that the use on the given railway lines is less than 70% of the number of trains for a period of three consecutive calendar months: January to March, July to September for which the annual train timetable were allocated according to the allocated framework capacity, reduces the railway capacity for these rail lines/sections as defined in Annex No. 1, the framework capacity for subsequent annual train schedules accordingly to % of its non-use. If the Applicant presents reasons for lower use of the number of train paths, PLK with the Applicant shall determine the amount of reduction of the framework capacity for those lines/sections.

RIGHTS AND OBLIGATIONS OF THE. Parties to the Agreement 1. In the process of reserving framework capacity, the Parties undertake to respect the principles set forth in subsection 2.3.1 of the Regulations. 2. Within the deadline set out in the Regulations the Applicant, within the given annual train timetable, shall submit applications for allocation of train paths in the relations specified in Annex No. 2 using the 100% reserved framework capacity. 3. The Manager has set a two-hour time frame for the framework capacity on a given line / railway section for reference to the same control period. 4. The Applicant shall inform the Manager promptly of any intention not to use the framework capacity and shall resign from it. Resignation of the framework capacity is made in writing to: PKP Polskie Linie Kolejowe S.A. Sales Office00-000 Xxxxxxxx, 03-734 Warsaw xx. Xxxxxxx 00, 00 e-mail: xxx@xxx-xx.xx. 54. Resignation from the framework capacity, submitted at least 3 months prior to the deadline for submitting applications for allocation of train paths in a given annual train timetable, results in reduced number of reserved routes and amendment hereof. 65. In the Applicant shall not submit the application for allocation of train paths within the annual train timetable, based on the framework capacity specified in Annex No. 1, the unused framework capacity shall be released in that annual train schedule and the Manager shall have the right to dispose of it. Release of unused framework capacity shall take place at the expiry date specified in the Regulation, as the deadline for submitting applications for allocation of train paths within the given annual train timetable. This does not constitute an amendment hereto and does not require a written form. 76. If the Applicant fails to give the reasons referred to in point 6 5 within 14 days after the deadline for submission of applications for allocation of train paths in the annual train timetable, or cause will be on the part of the Applicant, the Manager shall modify the Agreement for subsequent annual train timetables for the number of unused routes. 87. The Manager assigns the applicant the train paths within the annual train timetable specified in Annex No. 2, for which the railway line framework capacity has been reserved, on the basis of regulations valid in the annual timetable for trains. 98. The Manager, in the cases referred to in points 54, 5 and 6 and 7 reserves the right to amend the Agreement in order to allow achieving a better use of the framework railway lines capacity. 109. In the event of a collision of an application for a framework capacity between a framework agreement and/or other framework capacity applications, the Manager, after conducting the coordination process in accordance with the principles defined in subsection 4.4.2, reserves the right to modify the Agreement. 1110. Twice a year, i.e. in April and October, the Manager performs periodic consultations with the Applicant to review the Agreement and justify its continuation. The Manager in the event of stating that the use on the given railway lines is less than 70% of the number of trains for a period of three consecutive calendar months: January to March, July to September for which the annual train timetable were allocated according to the allocated framework capacity, reduces the railway capacity for these rail lines/sections as defined in Annex No. 1, the framework capacity for subsequent annual train schedules accordingly to % of its non-use. If the Applicant presents reasons for lower use of the number of train paths, PLK with the Applicant shall determine the amount of reduction of the framework capacity for those lines/sections.

RIGHTS AND OBLIGATIONS OF THE. Parties to the Agreement 1. In the process of reserving framework capacity, the Parties undertake to respect the principles set forth in subsection 2.3.1 of the Regulations. 2. Within the deadline set out in the Regulations the Applicant, within the given annual train timetable, shall submit applications for allocation of train paths in the relations specified in Annex No. 2 using the 100% reserved framework capacity. 3. The Manager has set a two-hour time frame for the framework capacity on a given line / railway section for reference to the same control period. 4. The Applicant shall inform the Manager promptly of any intention not to use the framework capacity and shall resign from it. Resignation of the framework capacity is made in writing to: PKP Polskie Linie Kolejowe S.A. Sales Office, 03-734 Warsaw 000 Xxxxxx xx. Xxxxxxx 00Targowa 74, e-mail: xxx@xxx-xx.xx. 54. Resignation from the framework capacity, submitted at least 3 months prior to the deadline for submitting applications for allocation of train paths in a given annual train timetable, results in reduced number of reserved routes and amendment hereof. 65. In the Applicant shall not submit the application for allocation of train paths within the annual train timetable, based on the framework capacity specified in Annex No. 1, the unused framework capacity shall be released in that annual train schedule and the Manager shall have the right to dispose of it. Release of unused framework capacity shall take place at the expiry date specified in the Regulation, as the deadline for submitting applications for allocation of train paths within the given annual train timetable. This does not constitute an amendment hereto and does not require a written form. 76. If the Applicant fails to give the reasons referred to in point 6 5 within 14 days after the deadline for submission of applications for allocation of train paths in the annual train timetable, or cause will be on the part of the Applicant, the Manager shall modify the Agreement for subsequent annual train timetables for the number of unused routes. 87. The Manager assigns the applicant the train paths within the annual train timetable specified in Annex No. 2, for which the railway line framework capacity has been reserved, on the basis of regulations valid in the annual timetable for trains. 98. The Manager, in the cases referred to in points 54, 5 and 6 and 7 reserves the right to amend the Agreement in order to allow achieving a better use of the framework railway lines capacity. 109. In the event of a collision of an application for a framework capacity between a framework agreement and/or other framework capacity applications, the Manager, after conducting the coordination process in accordance with the principles defined in subsection 4.4.2, reserves the right to modify the Agreement. 1110. Twice a year, i.e. in April and October, the Manager performs periodic consultations with the Applicant to review the Agreement and justify its continuation. The Manager in the event of stating that the use on the given railway lines is less than 70% of the number of trains for a period of three consecutive calendar months: January to March, July to September for which the annual train timetable were allocated according to the allocated framework capacity, reduces the railway capacity for these rail lines/sections as defined in Annex No. 1, the framework capacity for subsequent annual train schedules accordingly to % of its non-use. If the Applicant presents reasons for lower use of the number of train paths, PLK with the Applicant shall determine the amount of reduction of the framework capacity for those lines/sections.