Station Subleases. 5.1 Unless the Secretary of State agrees otherwise, the Franchisee shall not sublet to any of its Affiliates any part of the property comprised in any Property Lease except on terms that any such subletting: (a) (other than any subletting to an Affiliate which is a Train Operator) is terminable without compensation immediately upon the termination of the Franchise Agreement; and (b) is excluded from the provisions of Part II of the Landlord and Xxxxxx Xxx 0000 and the Tenancy of Shops (Scotland) Xxx 0000. 5.2 If so requested by the Secretary of State, the Franchisee shall: (a) extend each Station Sublease on the same terms for such period as the Secretary of State may request (including a period equivalent to the franchise term of the Train Operator who is the lessee under such Station Sublease); and (b) if such Station Sublease terminates (which for the purposes of this paragraph 5.2(b) shall include the termination, at or around the time of termination of the Previous Franchise Agreement, of a station sublease in respect of which the Franchisee was the lessor), grant a new Station Sublease on the same terms to such Train Operator and for such period as the Secretary of State may request (including a period equivalent to the franchise term of the Train Operator who is the lessee under such Station Sublease), subject, where required, to the consent of Network Rail (and, if required, the relevant sub-lessee) and to the duration of the relevant Station Lease. 5.3 The Franchisee shall notify the Secretary of State immediately on it becoming aware of any event which might give the Franchisee a right to forfeit or terminate any Station Sublease. The Franchisee shall notify the Secretary of State if it wishes to forfeit or terminate any such Station Sublease but shall not (without the Secretary of State's prior written consent) effect such forfeiture or termination until the date which occurs three months after the date of such notice. 1. Subcontracting any Passenger Services 1.1 Subject to paragraph 1.2, the Franchisee may not subcontract or delegate the provision of the Passenger Services without the prior written consent of the Secretary of State. 1.2 The Franchisee may subcontract or delegate the provision of the Passenger Services, provided that:
Appears in 1 contract
Samples: Franchise Agreement
Station Subleases. 5.1 Unless SRH and the Secretary of State agrees Authority agree otherwise, the Franchisee SRT shall not sublet sublet, or grant any licence or any other right equating to a right of occupancy (whether or not exclusive), to any of its Affiliates of any part of the property comprised in any Property Lease except on terms that any such subletting:
(a) (other than any subletting to an Affiliate which is a Train Operator) is terminable without compensation immediately upon the termination of the Franchise this Agreement; and
(b) is excluded from the provisions of Part II of the Landlord and Xxxxxx Xxx 0000 and the Tenancy of Shops (Scotland) Xxx 0000.
5.2 If so requested by SRH and/or the Secretary of StateAuthority, the Franchisee SRT shall:
(a) extend each Station Sublease on the same terms for such period as SRH and/or the Secretary of State Authority may request (including a period equivalent to the franchise term of the Train Operator who is the lessee under such Station Sublease) (with the Authority having final determination of all matters); and
(b) if such Station Sublease terminates (which for the purposes of this paragraph 5.2(b) shall include the termination, at or around the time of termination of the Previous Franchise this Agreement, of a station sublease in respect of which the Franchisee SRT was the lessor), grant a new Station Sublease on the same terms to such Train Operator and for such period as SRH and/or the Secretary of State Authority may request (including a period equivalent to the franchise term of the Train Operator who is the lessee under such Station Sublease), subject, where required, to the consent of Network Rail (and, if required, the relevant sub-sub- lessee) and to the duration of the relevant Station Lease.
5.3 The Franchisee SRT shall notify the Secretary of State SRH immediately on it becoming aware of any event which might give the Franchisee SRT a right to forfeit surrender, irritate or terminate any Station Sublease. The Franchisee SRT shall notify the Secretary of State SRH if it wishes to forfeit surrender, irritate or terminate any such Station Sublease but shall not (without SRH’s and the Secretary of State's Authority’s prior written consent) effect such forfeiture surrender, irritancy or termination until the date which occurs three 3 months after the date of such notice. SRH shall notify the Authority upon receipt of any notification from SRT in relation to this paragraph 5.3.
1. Subcontracting 5.4 SRT shall, throughout the term of any Passenger Services
1.1 Subject Station Sublease ensure that it does not, through any act or omission by it, lose any right to paragraph 1.2, the Franchisee may not subcontract enforce any or delegate the provision all of the Passenger Services without the prior written consent terms of the Secretary of Statethat Sublease which are in SRT’s favour.
1.2 The Franchisee may subcontract or delegate the provision of the Passenger Services, provided that:
Appears in 1 contract
Samples: Grant Agreement
Station Subleases. 5.1 Unless the Secretary of State agrees otherwise, the Franchisee shall not sublet to any of its Affiliates any part of the property comprised in any Property Lease except on terms that any such subletting:
(a) (other than any subletting to an Affiliate which is a Train Operator) is terminable without compensation immediately upon the termination of the Franchise Agreement; and
(b) is excluded from the provisions of Part II of the Landlord and Xxxxxx Xxx 0000 Tenant Act 1954 and the Tenancy of Shops (Scotland) Xxx 0000Act 1949.
5.2 If so requested by the Secretary of State, the Franchisee shall:
(a) extend each Station Sublease on the same terms for such period as the Secretary of State may request (including a period equivalent to the franchise term of the Train Operator who is the lessee under such Station Sublease); and
(b) if such Station Sublease terminates (which for the purposes of this paragraph 5.2(b) shall include the termination, at or around the time of termination of the Previous Franchise Agreement, of a station sublease in respect of which the Franchisee was the lessor), grant a new Station Sublease on the same terms to such Train Operator and for such period as the Secretary of State may request (including a period equivalent to the franchise term of the Train Operator who is the lessee under such Station Sublease), subject, where required, to the consent of Network Rail (and, if required, the relevant sub-sub- lessee) and to the duration of the relevant Station Lease.
5.3 The Franchisee shall notify the Secretary of State immediately on it becoming aware of any event which might give the Franchisee a right to forfeit or terminate any Station Sublease. The Franchisee shall notify the Secretary of State if it wishes to forfeit or terminate any such Station Sublease but shall not (without the Secretary of State's ’s prior written consent) effect such forfeiture or termination until the date which occurs three months after the date of such notice.
1. Subcontracting any Passenger ServicesSUBCONTRACTING ANY PASSENGER SERVICES
1.1 Subject to paragraph 1.2, the Franchisee may not subcontract or delegate the provision of the Passenger Services without the prior written consent of the Secretary of State.
1.2 The Franchisee may subcontract or delegate the provision of the Passenger Services, provided that:
(a) the Secretary of State receives prior written notice of any such subcontracting or delegation;
(b) the Franchisee continues to be party to all Access Agreements and Property Leases necessary to provide such Passenger Services and to enjoy all relevant access and operational rights thereunder;
(c) the Franchisee continues to specify and control the terms and conditions (subject to the requirements of the Inter-Operator Schemes) on which such Passenger Services are to be provided, including the determination of the Price or Child Price (as the case may be) of any Fares;
(d) the Train Mileage of the Passenger Services so delegated or subcontracted does not exceed the percentage of the aggregate scheduled Train Mileage of the Franchisee in any Reporting Period prescribed for this purpose in the Franchise Agreement; and
(e) the Franchisee continues to perform its obligations under Schedule 1.1 (Service Development) in respect of any subcontracted or delegated services.
1.3 Any such subcontracting or delegation shall not relieve the Franchisee from any of its obligations under the Franchise Agreement, including its obligations under this paragraph 1 and Schedule 14 (Preservation of Assets).
Appears in 1 contract
Samples: Franchise Agreement
Station Subleases. 5.1 6.1 Unless the Secretary of State agrees otherwise, the Franchisee shall not sublet to any of its Affiliates any part of the property comprised in any Property Lease except on terms that any such subletting:
(a) (other than any subletting to an Affiliate which is a Train Operator) is terminable without compensation immediately upon the termination of the this Franchise Agreement; and
(b) is excluded from the provisions of Part II of the Landlord and Xxxxxx Xxx 0000 Tenant Act 1954 and the Tenancy of Shops (Scotland) Xxx 0000Act 1949.
5.2 6.2 If so requested by the Secretary of State, the Franchisee shall:
(a) extend each Station Sublease on the same terms for such period as the Secretary of State may request (including a period equivalent to the franchise term of the Train Operator who is the lessee under such Station Sublease); and
(b) if such Station Sublease terminates (which for the purposes of this paragraph 5.2(b6.2(b) shall include the termination, at or around the time of termination of the Previous Franchise Agreement, of a station sublease in respect of which the Franchisee was the lessor), grant a new Station Sublease on the same terms to such Train Operator and for such period as the Secretary of State may request (including a period equivalent to the franchise term of the Train Operator who is the lessee under such Station Sublease), subject, where required, to the consent of Network Rail (and, if required, the relevant sub-lessee) and to the duration of the relevant Station Lease.
5.3 6.3 The Franchisee shall notify the Secretary of State immediately on it becoming aware of any event which might give the Franchisee a right to forfeit or terminate any Station Sublease. The Franchisee shall notify the Secretary of State if it wishes to forfeit or terminate any such Station Sublease but shall not (without the Secretary of State's prior written consent) effect such forfeiture or termination until the date which occurs three (3) months after the date of such notice.
1. Subcontracting any Passenger Services
1.1 Subject to paragraph 1.2, the Franchisee may not subcontract or delegate the provision of the Passenger Services without the prior written consent of the Secretary of State.
1.2 The Franchisee may subcontract or delegate the provision of the Passenger Services, provided that:Other Franchisees
Appears in 1 contract
Samples: Franchise Agreement
Station Subleases. 5.1 Unless the Secretary of State agrees otherwise, the Franchisee shall not sublet to any of its Affiliates any part of the property comprised in any Property Lease except on terms that any such subletting:
(a) (other than any subletting to an Affiliate which is a Train Operator) is terminable without compensation immediately upon the termination of the Franchise Agreement; and
(b) is excluded from the provisions of Part II of the Landlord and Xxxxxx Xxx 0000 and the Tenancy of Shops (Scotland) Xxx 0000.
5.2 If so requested by the Secretary of State, the Franchisee shall:
(a) extend each Station Sublease on the same terms for such period as the Secretary of State may request (including a period equivalent to the franchise term of the Train Operator who is the lessee under such Station Sublease); and
(b) if such Station Sublease terminates (which for the purposes of this paragraph 5.2(b) shall include the termination, at or around the time of termination of the Previous Franchise Agreement, of a station sublease in respect of which the Franchisee was the lessor), grant a new Station Sublease on the same terms to such Train Operator and for such period as the Secretary of State may request (including a period equivalent to the franchise term of the Train Operator who is the lessee under such Station Sublease), subject, where required, to the consent of Network Rail (and, if required, the relevant sub-lessee) and to the duration of the relevant Station Lease.
5.3 The Franchisee shall notify the Secretary of State immediately on it becoming aware of any event which might give the Franchisee a right to forfeit or terminate any Station Sublease. The Franchisee shall notify the Secretary of State if it wishes to forfeit or terminate any such Station Sublease but shall not (without the Secretary of State's prior written consent) effect such forfeiture or termination until the date which occurs three months after the date of such notice.
1. Subcontracting any Passenger Services
1.1 Subject to paragraph 1.2, the Franchisee may not subcontract or delegate the provision of the Passenger Services without the prior written consent of the Secretary of State.
1.2 The Franchisee may subcontract or delegate the provision of the Passenger Services, provided that:
(a) the Secretary of State receives prior written notice of any such subcontracting or delegation;
(b) the Franchisee continues to be party to all Access Agreements and Property Leases necessary to provide such Passenger Services and to enjoy all relevant access and operational rights thereunder;
(c) the Franchisee continues to specify and control the terms and conditions (subject to the requirements of the Inter-Operator Schemes) on which such Passenger Services are to be provided, including the determination of the Price or Child Price (as the case may be) of any Fares;
(d) the Train Mileage of the Passenger Services so delegated or subcontracted does not exceed 5 per cent of the aggregate scheduled Train Mileage of the Franchisee in any Reporting Period; and
(e) the Franchisee continues to perform its obligations under Schedule 1.1 (Service Development) in respect of any subcontracted or delegated services.
1.3 Any such subcontracting or delegation shall not relieve the Franchisee from any of its obligations under the Franchise Agreement, including its obligations under this paragraph 1 and Schedule 14 (Preservation of Assets).
Appears in 1 contract
Samples: Franchise Agreement
