Common use of Suspension to be proportionate to breach Clause in Contracts

Suspension to be proportionate to breach. 2.5.1 A Suspension Notice served under paragraph 2.3 in respect of any of the Train Operator Events of Default specified in paragraphs (a) and (c) to (f) (inclusive) of paragraph 1.1 shall, so far as reasonably practicable, apply only to the: (a) railway vehicles; (b) Services; (c) Routes; and (d) categories of train movements or railway vehicles, (or (as the case may be) parts or part of them) to which the relevant Train Operator Event of Default relates. 2.5.2 A Suspension Notice served under paragraph 2.4 in respect of any of the Network Rail Events of Default specified in paragraphs 1.3(a), (c) and (d) shall, so far as reasonably practicable, apply only to the: (a) railway vehicles; (b) Services; (c) Routes; and (d) categories of train movements or railway vehicles, (or (as the case may be) parts or part of them) to which the relevant Network Rail Event of Default relates. 2.5.3 The party served with a Suspension Notice which specifies an Event of Default which is capable of remedy shall: (a) with all reasonable diligence, take such steps as are specified in the Suspension Notice to remedy the Event of Default; and (b) keep the party serving the Suspension Notice fully informed of the progress which is being made in remedying the Event of Default. 2.5.4 Where a party served with a Suspension Notice has complied with its obligations under paragraph 2.5.3 (whether in whole or in part) and it is reasonable for the suspension effected by the Suspension Notice to be revoked (whether in whole or in part), the party which served the Suspension Notice shall revoke the suspension to that extent. Such revocation shall be effected as soon as practicable after the remedy in question by notice to the other party specifying the extent of the revocation and the date on which it is to have effect.

Appears in 29 contracts

Samples: Track Access Contract, Track Access Contract (Passenger Services), Track Access Contract (Passenger Services)

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Suspension to be proportionate to breach. 2.5.1 A Suspension Notice served under paragraph 2.3 in respect of any of the Train Operator Events of Default specified in paragraphs (a) and (c) to (f) (inclusive) of paragraph 1.1 shall, so far as reasonably practicable, apply only to the: (a) railway vehicles; (b) Services; (c) Routes; and (dc) categories of train movements or railway vehicles, (or (as the case may be) parts or part of them) , to which the relevant Train Operator Event of Default relates. 2.5.2 A Suspension Notice served under paragraph 2.4 in respect of any of the Network Rail Events of Default specified in paragraphs 1.3(a), (c) and (d) shall, so far as reasonably practicable, apply only to the: (a) railway vehicles; (b) Services; (c) Routes; and (dc) categories of train movements or railway vehicles, (or (as the case may be) parts or part of them) , to which the relevant Network Rail Event of Default relates. 2.5.3 The party served with a Suspension Notice which specifies an Event of Default which is capable of remedy shall: (a) with all reasonable diligence, take such steps as are specified in the Suspension Notice to remedy the Event of Default; and (b) keep the party serving the Suspension Notice fully informed of the progress which is being made in remedying the Event of Default. 2.5.4 Where a party served with a Suspension Notice has complied with its obligations under paragraph 2.5.3 (2.5.3, whether in whole or in part) , and it is reasonable for the suspension effected by the Suspension Notice to be revoked (revoked, whether in whole or in part), the party which served the Suspension Notice shall revoke the suspension to that extent. Such revocation shall be effected as soon as practicable after the remedy in question by notice to the other party specifying the extent of the revocation and the date on which it is to have effect.

Appears in 25 contracts

Samples: Track Access Contract, Track Access Contract, Track Access Contract

Suspension to be proportionate to breach. 2.5.1 A Suspension Notice served under paragraph 2.3 in respect of any of the Train Operator Events of Default specified in paragraphs (a) and (c) to (f) (inclusive) of paragraph 1.1 shall, so far as reasonably practicable, apply only to the: (a) railway vehicles; (b) Services; (c) Routes; and (d) categories of train movements or railway vehicles, (or (as the case may be) parts or part of them) to which the relevant Train Operator Event of Default relates. 2.5.2 A Suspension Notice served under paragraph 2.4 in respect of any of the Network Rail CVL IM Events of Default specified in paragraphs 1.3(a), (c) and (d) shall, so far as reasonably practicable, apply only to the: (a) railway vehicles; (b) Services; (c) Routes; and (d) categories of train movements or railway vehicles, (or (as the case may be) parts or part of them) to which the relevant Network Rail CVL IM Event of Default relates. 2.5.3 The party served with a Suspension Notice which specifies an Event of Default which is capable of remedy shall: (a) with all reasonable diligence, take such steps as are specified in the Suspension Notice to remedy the Event of Default; and (b) keep the party serving the Suspension Notice fully informed of the progress which is being made in remedying the Event of Default. 2.5.4 Where a party served with a Suspension Notice has complied with its obligations under paragraph 2.5.3 (whether in whole or in part) and it is reasonable for the suspension effected by the Suspension Notice to be revoked (whether in whole or in part), the party which served the Suspension Notice shall revoke the suspension to that extent. Such revocation shall be effected as soon as practicable after the remedy in question by notice to the other party specifying the extent of the revocation and the date on which it is to have effect.

Appears in 11 contracts

Samples: Track Access Contract, Track Access Contract, Track Access Contract

Suspension to be proportionate to breach. 2.5.1 A Suspension Notice served under paragraph 2.3 in respect of any of the Train Operator Freight Customer Events of Default specified in paragraphs (a) and (c) to (f) (inclusive) of paragraph 1.1 shall, so far as reasonably practicable, apply only to the: (a) railway vehicles; (b) Services; (c) Routes; and (dc) categories of train movements or railway vehicles, (or (as the case may be) parts or part of them) , to which the relevant Train Operator Freight Customer Event of Default relates. 2.5.2 A Suspension Notice served under paragraph 2.4 in respect of any of the Network Rail Events of Default specified in paragraphs 1.3(a), (c) and (d) shall, so far as reasonably practicable, apply only to the: (a) railway vehicles; (b) Services; (c) Routes; and (dc) categories of train movements or railway vehicles, (or (as the case may be) parts or part of them) , to which the relevant Network Rail Event of Default relates. 2.5.3 The party served with a Suspension Notice which specifies an Event of Default which is capable of remedy shall: (a) with all reasonable diligence, take such steps as are specified in the Suspension Notice to remedy the Event of Default; and (b) keep the party serving the Suspension Notice fully informed of the progress which is being made in remedying the Event of Default. 2.5.4 Where a party served with a Suspension Notice has complied with its obligations under paragraph 2.5.3 (2.5.3, whether in whole or in part) , and it is reasonable for the suspension effected by the Suspension Notice to be revoked (revoked, whether in whole or in part), the party which served the Suspension Notice shall revoke the suspension to that extent. Such revocation shall be effected as soon as practicable after the remedy in question by notice to the other party specifying the extent of the revocation and the date on which it is to have effect. 2.5.5 Where a revocation of a Suspension Notice (whether in whole or in part) is made by Network Rail under paragraph 2.5.4, Network Rail shall also revoke any corresponding suspension notices served by Network Rail on any Appointed Operators under their Operator Access Agreements to the same extent. 2.5.6 Where a revocation of a Suspension Notice (whether in whole or part) is made by the Freight Customer under paragraph 2.5.4, the Freight Customer shall notify any Appointed Operators notified of the Suspension Notice in accordance with paragraph 2.4(d) and shall procure that such Appointed Operators revoke any corresponding suspension notices issued by those Appointed Operators under their Operator Access Agreements to the same extent.

Appears in 2 contracts

Samples: Freight Customer Track Access Contract, Freight Customer Track Access Contract

Suspension to be proportionate to breach. 2.5.1 A Suspension Notice served under paragraph 2.3 in respect of any of the Train Operator Freight Customer Events of Default specified in paragraphs (a) and (c) to (f) (inclusive) of paragraph 1.1 shall, so far as reasonably practicable, apply only to the: (a) : railway vehicles; (b) ; Services; (c) Routes; and (d) and categories of train movements or railway vehicles, (or (as the case may be) parts or part of them) , to which the relevant Train Operator Freight Customer Event of Default relates. 2.5.2 . A Suspension Notice served under paragraph 2.4 in respect of any of the Network Rail Events of Default specified in paragraphs 1.3(a), (c) and (d) shall, so far as reasonably practicable, apply only to the: (a) : railway vehicles; (b) ; Services; (c) Routes; and (d) and categories of train movements or railway vehicles, (or (as the case may be) parts or part of them) , to which the relevant Network Rail Event of Default relates. 2.5.3 . The party served with a Suspension Notice which specifies an Event of Default which is capable of remedy shall: (a) : with all reasonable diligence, take such steps as are specified in the Suspension Notice to remedy the Event of Default; and (b) and keep the party serving the Suspension Notice fully informed of the progress which is being made in remedying the Event of Default. 2.5.4 . Where a party served with a Suspension Notice has complied with its obligations under paragraph 2.5.3 (2.5.3, whether in whole or in part) , and it is reasonable for the suspension effected by the Suspension Notice to be revoked (revoked, whether in whole or in part), the party which served the Suspension Notice shall revoke the suspension to that extent. Such revocation shall be effected as soon as practicable after the remedy in question by notice to the other party specifying the extent of the revocation and the date on which it is to have effect. Where a revocation of a Suspension Notice (whether in whole or in part) is made by Network Rail under paragraph 2.5.4, Network Rail shall also revoke any corresponding suspension notices served by Network Rail on any Appointed Operators under their Operator Access Agreements to the same extent. Where a revocation of a Suspension Notice (whether in whole or part) is made by the Freight Customer under paragraph 2.5.4, the Freight Customer shall notify any Appointed Operators notified of the Suspension Notice in accordance with paragraph 2.4(d) and shall procure that such Appointed Operators revoke any corresponding suspension notices issued by those Appointed Operators under their Operator Access Agreements to the same extent.

Appears in 2 contracts

Samples: Freight Customer Track Access Contract, Freight Customer Track Access Contract

Suspension to be proportionate to breach. 2.5.1 A Suspension Notice served under paragraph 2.3 in respect of any of the Train Operator Events of Default specified in paragraphs (a) and (c) to (f) (inclusive) of paragraph 1.1 shall, so far as reasonably practicable, apply only to the: (a) : railway vehicles; (b) ; Services; (c) ; Routes; and (d) and categories of train movements or railway vehicles, (or (as the case may be) parts or part of them) to which the relevant Train Operator Event of Default relates. 2.5.2 . A Suspension Notice served under paragraph 2.4 in respect of any of the Network Rail Events of Default specified in paragraphs 1.3(a), (c) and (d) shall, so far as reasonably practicable, apply only to the: (a) : railway vehicles; (b) ; Services; (c) ; Routes; and (d) and categories of train movements or railway vehicles, (or (as the case may be) parts or part of them) to which the relevant Network Rail Event of Default relates. 2.5.3 . The party served with a Suspension Notice which specifies an Event of Default which is capable of remedy shall: (a) : with all reasonable diligence, take such steps as are specified in the Suspension Notice to remedy the Event of Default; and (b) and keep the party serving the Suspension Notice fully informed of the progress which is being made in remedying the Event of Default. 2.5.4 . Where a party served with a Suspension Notice has complied with its obligations under paragraph 2.5.3 (whether in whole or in part) and it is reasonable for the suspension effected by the Suspension Notice to be revoked (whether in whole or in part), the party which served the Suspension Notice shall revoke the suspension to that extent. Such revocation shall be effected as soon as practicable after the remedy in question by notice to the other party specifying the extent of the revocation and the date on which it is to have effect. Network Rail may serve a Termination Notice on the Train Operator: where the Train Operator fails to comply with any material restriction in a Suspension Notice; where the Train Operator fails to comply with its obligations under paragraph 2.5.3; where the Train Operator Event of Default specified in paragraph 1.1(a) has occurred and is continuing; or where the Train Operator Event of Default specified in a Suspension Notice served by Network Rail is not capable of being remedied and 3 months have elapsed from the service of that Suspension Notice.

Appears in 2 contracts

Samples: Track Access Contract, Track Access Contract

Suspension to be proportionate to breach. 2.5.1 .2.5.1 A Suspension Notice served under paragraph 2.3 in respect of any of the Train Operator Freight Customer Events of Default specified in paragraphs (a) and (c) to (f) (inclusive) of paragraph 1.1 shall, so far as reasonably practicable, apply only to the: (a) railway vehicles; (b) Services; (c) Routes; and (dc) categories of train movements or railway vehicles, (or (as the case may be) parts or part of them) , to which the relevant Train Operator Freight Customer Event of Default relates. 2.5.2 .2.5.2 A Suspension Notice served under paragraph 2.4 in respect of any of the Network Rail Events of Default specified in paragraphs 1.3(a), (c) and (d) shall, so far as reasonably practicable, apply only to the: (a) railway vehicles; (b) Services; (c) Routes; and (dc) categories of train movements or railway vehicles, (or (as the case may be) parts or part of them) , to which the relevant Network Rail Event of Default relates. 2.5.3 .2.5.3 The party served with a Suspension Notice which specifies an Event of Default which is capable of remedy shall: (a) with all reasonable diligence, take such steps as are specified in the Suspension Notice to remedy the Event of Default; and (b) keep the party serving the Suspension Notice fully informed of the progress which is being made in remedying the Event of Default. 2.5.4 .2.5.4 Where a party served with a Suspension Notice has complied with its obligations under paragraph 2.5.3 (2.5.3, whether in whole or in part) , and it is reasonable for the suspension effected by the Suspension Notice to be revoked (revoked, whether in whole or in part), the party which served the Suspension Notice shall revoke the suspension to that extent. Such revocation shall be effected as soon as practicable after the remedy in question by notice to the other party specifying the extent of the revocation and the date on which it is to have effect. .2.5.5 Where a revocation of a Suspension Notice (whether in whole or in part) is made by Network Rail under paragraph 2.5.4, Network Rail shall also revoke any corresponding suspension notices served by Network Rail on any Appointed Operators under their Operator Access Agreements to the same extent. .2.5.6 Where a revocation of a Suspension Notice (whether in whole or part) is made by the Freight Customer under paragraph 2.5.4, the Freight Customer shall notify any Appointed Operators notified of the Suspension Notice in accordance with paragraph 2.4(d) and shall procure that such Appointed Operators revoke any corresponding suspension notices issued by those Appointed Operators under their Operator Access Agreements to the same extent.

Appears in 2 contracts

Samples: Freight Customer Track Access Contract, Freight Customer Track Access Contract

Suspension to be proportionate to breach. 2.5.1 A Suspension Notice served under paragraph 2.3 2.1 in respect of any of the Train Operator Rail for London Events of Default specified in paragraphs (a) and (c) to (f) (inclusive) of paragraph 1.1 shall, so far as reasonably practicable, apply only to the: (a) railway vehicles;Specified Equipment; and (b) Train Services; (c) Routes; and (d) categories of train movements or railway vehicles, (or (as the case may be) parts or part or parts of them) , to which the relevant Train Operator Event of Default relates. 2.5.2 A Suspension Notice served under paragraph 2.4 2.1 in respect of any of the Network Rail DBCi Events of Default specified in paragraphs 1.3(a1.3 (a), (c) and (d) shall, so far as reasonably practicable, apply only to the: (a) railway vehicles; (b) Services; (c) Routes; and (d) categories the part or parts of train movements or railway vehicles, (or (as the case may be) parts or part of them) Facility to which the relevant Network Rail DBCi Event of Default relates. 2.5.3 The party served with a Suspension Notice which specifies an Event of Default which is capable of remedy shall: (a) , with all reasonable diligence, take such steps as are specified in the Suspension Notice to remedy the Event of Default; and (b) Default and keep the party serving which served the Suspension Notice fully informed of the progress which is being made in remedying the Event of Defaultits progress. 2.5.4 Where a party served with a Suspension Notice has complied with its obligations under paragraph 2.5.3 (2.5.3, whether in whole or in part) , and it is reasonable for the suspension effected by the Suspension Notice to be revoked (revoked, whether in whole or in part), the party which served the Suspension Notice shall revoke the suspension to that extent. Such revocation shall be effected as soon as practicable after the remedy in question by notice to the other party specifying the extent of the revocation and the date on which it is to have effect.

Appears in 1 contract

Samples: Facility Access Contract

Suspension to be proportionate to breach. 2.5.1 (a) A Suspension Notice served under paragraph 2.3 2.1(a) in respect of any of the Train Operator Events of Default specified in paragraphs (a) and (c) shall be proportionate to (f) (inclusive) of paragraph 1.1 shallthe breach and, so far as reasonably practicable, apply only to the: (ai) railway vehicles; (bii) ServicesServices (and the Ancillary Movements); (ciii) Routes (including the Diversionary Routes, if any); and (div) categories of train movements or railway vehicles, (or (as the case may be) part or parts or part of them) to which the relevant Train Operator Event of Default relates. 2.5.2 (b) A Suspension Notice served under paragraph 2.4 2.1(b) in respect of any of the Network Rail HS1 Ltd Events of Default specified in paragraphs 1.3(a), (c) and (d) shallshall be proportionate to the breach and, so far as reasonably practicable, apply only to the: (ai) railway vehicles; (bii) ServicesServices (and the Ancillary Movements); (ciii) Routes (including the Diversionary Routes, if any); and (div) categories of train movements or railway vehicles, (or (as the case may be) part or parts or part of them) to which the relevant Network Rail HS1 Ltd Event of Default relates. 2.5.3 (c) The party served with a Suspension Notice which specifies an Event of Default which is capable of remedy shall:shall:‌ (ai) with all reasonable diligence, take such steps as are specified in the Suspension Notice to remedy the Event of Default; and (bii) keep the party serving the Suspension Notice fully informed of the progress which is being made in remedying the Event of Default. 2.5.4 (d) Where a party served with a Suspension Notice has complied with its obligations under paragraph 2.5.3 2.5(c) (whether in whole or in part) and it is reasonable for the suspension effected by the Suspension Notice to be revoked (whether in whole or in part), the party which served the Suspension Notice shall revoke the suspension to that extent. Such revocation shall be effected as soon as practicable after the remedy in question by notice to the other party specifying the extent of the revocation and the date on which it is to have effect.effect.‌

Appears in 1 contract

Samples: Track Access Agreement

Suspension to be proportionate to breach. 2.5.1 A Suspension Notice served under paragraph 2.3 in respect of any of the Train Operator Events of Default specified in paragraphs (a) and (c) to (f) (inclusive) of paragraph 1.1 shall, so far as reasonably practicable, apply only to the: (a) railway vehicles;vehicles;‌ (b) Services;Services;‌ (c) RoutesRoute; andand‌ (d) categories of train movements or railway vehicles, vehicles,‌ (or (as the case may be) parts or part of them) to which the relevant Train Operator Event of Default relates. 2.5.2 A Suspension Notice served under paragraph 2.4 in respect of any of the Network Rail Events of Default specified in paragraphs 1.3(a), (c) and (d) shall, so far as reasonably practicable, apply only to the: (a) railway vehicles;vehicles;‌ (b) Services;Services;‌ (c) RoutesRoute; andand‌ (d) categories of train movements or railway vehicles, vehicles,‌ (or (as the case may be) parts or part of them) to which the relevant Network Rail Event of Default relates. 2.5.3 The party served with a Suspension Notice which specifies an Event of Default which is capable of remedy shall: (a) with all reasonable diligence, take such steps as are specified in the Suspension Notice to remedy the Event of Default; andand‌ (b) keep the party serving the Suspension Notice fully informed of the progress which is being made in remedying the Event of Default.Default.‌ 2.5.4 Where a party served with a Suspension Notice has complied with its obligations under paragraph 2.5.3 (whether in whole or in part) and it is reasonable for the suspension effected by the Suspension Notice to be revoked (whether in whole or in part), the party which served the Suspension Notice shall revoke the suspension to that extent. Such revocation shall be effected as soon as practicable after the remedy in question by notice to the other party specifying the extent of the revocation and the date on which it is to have effect.

Appears in 1 contract

Samples: Track Access Contract

Suspension to be proportionate to breach. 2.5.1 A Suspension Notice served under paragraph 2.3 in respect of any of the Train Operator Events of Default specified in paragraphs (a) and (c) to (f) (inclusive) of paragraph 1.1 shall, so far as reasonably practicable, apply only to the: (a) railway vehicles;vehicles;‌ (b) Services;Services;‌ (c) Routes; andand‌ (d) categories of train movements or railway vehicles, vehicles,‌ (or (as the case may be) parts or part of them) to which the relevant Train Operator Event of Default relates. 2.5.2 A Suspension Notice served under paragraph 2.4 in respect of any of the Network Rail Events of Default specified in paragraphs 1.3(a), (c) and (d) shall, so far as reasonably practicable, apply only to the: (a) railway vehicles;vehicles;‌ (b) Services;Services;‌ (c) Routes; andand‌ (d) categories of train movements or railway vehicles, vehicles,‌ (or (as the case may be) parts or part of them) to which the relevant Network Rail Event of Default relates. 2.5.3 The party served with a Suspension Notice which specifies an Event of Default which is capable of remedy shall: (a) with all reasonable diligence, take such steps as are specified in the Suspension Notice to remedy the Event of Default; andand‌ (b) keep the party serving the Suspension Notice fully informed of the progress which is being made in remedying the Event of Default.Default.‌ 2.5.4 Where a party served with a Suspension Notice has complied with its obligations under paragraph 2.5.3 (whether in whole or in part) and it is reasonable for the suspension effected by the Suspension Notice to be revoked (whether in whole or in part), the party which served the Suspension Notice shall revoke the suspension to that extent. Such revocation shall be effected as soon as practicable after the remedy in question by notice to the other party specifying the extent of the revocation and the date on which it is to have effect.effect.‌

Appears in 1 contract

Samples: Track Access Contract

Suspension to be proportionate to breach. 2.5.1 A Suspension Notice served under paragraph 2.3 2.1 in respect of any of the Train Operator Events of Default specified in paragraphs (a) and (c) to (f) (inclusive) of paragraph 1.1 shall, so far as reasonably practicable, apply only to the: (a) railway vehicles;Specified Equipment; and (b) Train Services; (c) Routes; and (d) categories of train movements or railway vehicles, (or (as the case may be) parts or part or parts of them) , to which the relevant Train Operator Event of Default relates. 2.5.2 A Suspension Notice served under paragraph 2.4 2.1 in respect of any of the Network Rail the Facility Owner Events of Default specified in paragraphs 1.3(a1.3 (a), (c) and (d) shall, so far as reasonably practicable, apply only to the: (a) railway vehicles; (b) Services; (c) Routes; and (d) categories the part or parts of train movements or railway vehicles, (or (as the case may be) parts or part of them) Facility to which the relevant Network Rail the Facility Owner Event of Default relates. 2.5.3 The party served with a Suspension Notice which specifies an Event of Default which is capable of remedy shall: (a) , with all reasonable diligence, take such steps as are specified in the Suspension Notice to remedy the Event of Default; and (b) Default and keep the party serving which served the Suspension Notice fully informed of the progress which is being made in remedying the Event of Defaultits progress. 2.5.4 Where a party served with a Suspension Notice has complied with its obligations under paragraph 2.5.3 (2.5.3, whether in whole or in part) , and it is reasonable for the suspension effected by the Suspension Notice to be revoked (revoked, whether in whole or in part), the party which served the Suspension Notice shall revoke the suspension to that extent. Such revocation shall be effected as soon as practicable after the remedy in question by notice to the other party specifying the extent of the revocation and the date on which it is to have effect.

Appears in 1 contract

Samples: Facility Track Access Contract

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Suspension to be proportionate to breach. 2.5.1 A Suspension Notice served under paragraph 2.3 2.1 in respect of any of the Train Operator XX Xxxxxxxx Events of Default specified in paragraphs (a) and (c) to (f) (inclusive) of paragraph 1.1 shall, so far as reasonably practicable, apply only to the: (a) railway vehicles;Specified Equipment; and (b) Train Services; (c) Routes; and (d) categories of train movements or railway vehicles, (or (as the case may be) parts or part or parts of them) , to which the relevant Train Operator XX Xxxxxxxx Event of Default relates. 2.5.2 A Suspension Notice served under paragraph 2.4 2.1 in respect of any of the Network Rail Freightliner Events of Default specified in paragraphs 1.3(a1.3 (a), (c) and (d) shall, so far as reasonably practicable, apply only to the: (a) railway vehicles; (b) Services; (c) Routes; and (d) categories the part or parts of train movements or railway vehicles, (or (as the case may be) parts or part of them) Facility to which the relevant Network Rail Freightliner Event of Default relates. 2.5.3 The party served with a Suspension Notice which specifies an Event of Default which is capable of remedy shall: (a) , with all reasonable diligence, take such steps as are specified in the Suspension Notice to remedy the Event of Default; and (b) Default and keep the party serving which served the Suspension Notice fully informed of the progress which is being made in remedying the Event of Defaultits progress. 2.5.4 Where a party served with a Suspension Notice has complied with its obligations under paragraph 2.5.3 (2.5.3, whether in whole or in part) , and it is reasonable for the suspension effected by the Suspension Notice to be revoked (revoked, whether in whole or in part), the party which served the Suspension Notice shall revoke the suspension to that extent. Such revocation shall be effected as soon as practicable after the remedy in question by notice to the other party specifying the extent of the revocation and the date on which it is to have effect.

Appears in 1 contract

Samples: Facility Access Contract

Suspension to be proportionate to breach. 2.5.1 A Suspension Notice served under paragraph 2.3 in respect of any of the Train Operator Events of Default specified in paragraphs (a) and (c) to (f) (inclusive) of paragraph 1.1 shall, so far as reasonably practicable, apply only to the: (a) railway vehicles; (b) Services; (c) Routes; and (d) categories of train movements or railway vehicles, (or (as the case may be) parts or part of them) to which the relevant Train Operator Event of Default relates., 2.5.2 A Suspension Notice served under paragraph 2.4 in respect of any of the Network Rail Events of Default specified in paragraphs 1.3(a), (c) and (d) shall, so far as reasonably practicable, apply only to the: (a) railway vehicles; (b) Services; (c) Routes; and (d) categories of train movements or railway vehicles, (or (as the case may be) parts or part of them) to which the relevant Network Rail Event of Default relates., 2.5.3 The party served with a Suspension Notice which specifies an Event of Default which is capable of remedy shall: (a) with all reasonable diligence, take such steps as are specified in the Suspension Notice to remedy the Event of Default; and (b) keep the party serving the Suspension Notice fully informed of the progress which is being made in remedying the Event of Default. 2.5.4 Where a party served with a Suspension Notice has complied with its obligations under paragraph 2.5.3 (whether in whole or in part) and it is reasonable for the suspension effected by the Suspension Notice to be revoked (whether in whole or in part), the party which served the Suspension Notice shall revoke the suspension to that extent. Such revocation shall be effected as soon as practicable after the remedy in question by notice to the other party specifying the extent of the revocation and the date on which it is to have effect.

Appears in 1 contract

Samples: Track Access Contract

Suspension to be proportionate to breach. 2.5.1 A Suspension Notice served under paragraph 2.3 in respect of any of the Train Operator Events of Default specified in paragraphs (a) and (c) to (f) (inclusive) of paragraph 1.1 shall, so far as reasonably practicable, apply only to the: (a) : railway vehicles; (b) ; Services; (c) ; Routes; and (d) and categories of train movements or railway vehicles, (or (as the case may be) parts or part of them) to which the relevant Train Operator Event of Default relates. 2.5.2 . A Suspension Notice served under paragraph 2.4 in respect of any of the Network Rail Events of Default specified in paragraphs 1.3(a), (c) and (d) shall, so far as reasonably practicable, apply only to the: (a) : railway vehicles; (b) ; Services; (c) ; Routes; and (d) and categories of train movements or railway vehicles, (or (as the case may be) parts or part of them) to which the relevant Network Rail Event of Default relates. 2.5.3 . The party served with a Suspension Notice which specifies an Event of Default which is capable of remedy shall: (a) : with all reasonable diligence, take such steps as are specified in the Suspension Notice to remedy the Event of Default; and (b) and keep the party serving the Suspension Notice fully informed of the progress which is being made in remedying the Event of Default. 2.5.4 . Where a party served with a Suspension Notice has complied with its obligations under paragraph 2.5.3 (whether in whole or in part) and it is reasonable for the suspension effected by the Suspension Notice to be revoked (whether in whole or in part), the party which served the Suspension Notice shall revoke the suspension to that extent. Such revocation shall be effected as soon as practicable after the remedy in question by notice to the other party specifying the extent of the revocation and the date on which it is to have effect.

Appears in 1 contract

Samples: Track Access Contract

Suspension to be proportionate to breach. 2.5.1 A Suspension Notice served under paragraph 2.3 in respect of any of the Train Operator Events of Default specified in paragraphs (a) and (c) to (f) (inclusive) of paragraph 1.1 shall, so far as reasonably practicable, apply only to the: (a) railway vehicles; (b) Services; (c) Routes; and (dc) categories of train movements or railway vehicles, (! or (as the case may be) parts or part of them) , to which the relevant Train Operator Event of Default relates.. ! 2.5.2 A Suspension Notice served under paragraph 2.4 in respect of any of the Network Rail Events of Default specified in paragraphs 1.3(a), (c) and (d) shall, so far as reasonably practicable, apply only to the: (a) railway vehicles; (b) Services; (c) Routes; and (dc) categories of train movements or railway vehicles, (! or (as the case may be) parts or part of them) , to which the relevant Network Rail Event of Default relates. 2.5.3 The party served with a Suspension Notice which specifies an Event of Default which is capable of remedy shall: (a) with all reasonable diligence, take such steps as are specified in the Suspension Notice to remedy the Event of Default; and (b) keep the party serving the Suspension Notice fully informed of the progress which is being made in remedying the Event of Default. 2.5.4 Where a party served with a Suspension Notice has complied with its obligations under paragraph 2.5.3 (2.5.3, whether in whole or in part) , and it is reasonable for the suspension effected by the Suspension Notice to be revoked (revoked, whether in whole or in part), the party which served the Suspension Notice shall revoke the suspension to that extent. Such revocation shall be effected as soon as practicable after the remedy in question by notice to the other party specifying the extent of the revocation and the date on which it is to have effect.

Appears in 1 contract

Samples: Track Access Contract

Suspension to be proportionate to breach. 2.5.1 A Suspension Notice served under paragraph 2.3 in respect of any of the Train Operator Events of Default specified in paragraphs (a) and (c) to (f) (inclusive) of paragraph 1.1 shall, so far as reasonably practicable, apply only to the: (a) railway vehicles; (b) Services; (c) Routes; and (d) categories of train movements or railway vehicles, (or (as the case may be) parts or part of them) to which the relevant Train Operator Event of Default relates. 2.5.2 A Suspension Notice served under paragraph 2.4 in respect of any of the Network Rail Events of Default specified in paragraphs 1.3(a), (c) and (d) shall, so far as reasonably practicable, apply only to the: (a) railway vehicles; (b) Services; (c) Routes; and (d) categories of train movements or railway vehicles, (or (as the case may be) parts or part of them) to which the relevant Network Rail Event of Default relates. 2.5.3 The party served with a Suspension Notice which specifies an Event of Default which is capable of remedy shall: (a) with all reasonable diligence, take such steps as are specified in the Suspension Notice to remedy the Event of Default; and (b) keep the party serving the Suspension Notice fully informed of the progress which is being made in remedying the Event of Default. 2.5.4 Where a party served with a Suspension Notice has complied with its obligations under paragraph 2.5.3 (whether in whole or in part) and it is reasonable for the suspension effected by the Suspension Notice to be revoked (whether in whole or in part), the party which served the Suspension Notice shall revoke the suspension to that extent. Such revocation shall be effected affected as soon as practicable after the remedy in question by notice to the other party specifying the extent of the revocation and the date on which it is to have effect.

Appears in 1 contract

Samples: Track Access Contract

Suspension to be proportionate to breach. 2.5.1 A Suspension Notice served under paragraph 2.3 2.1 in respect of any of the Train Operator [ BShort ] Events of Default specified in paragraphs (a) and (c) to (f) (inclusive) of paragraph 1.1 shall, so far as reasonably practicable, apply only to the: (a) railway vehicles;Specified Equipment; and (b) Train Services; (c) Routes; and (d) categories of train movements or railway vehicles, (or (as the case may be) parts or part or parts of them) , to which the relevant Train Operator Event of Default relates. 2.5.2 A Suspension Notice served under paragraph 2.4 2.1 in respect of any of the Network Rail DB Cargo Events of Default specified in paragraphs 1.3(a1.3 (a), (c) and (d) shall, so far as reasonably practicable, apply only to the: (a) railway vehicles; (b) Services; (c) Routes; and (d) categories the part or parts of train movements or railway vehicles, (or (as the case may be) parts or part of them) facility to which the relevant Network Rail DB Cargo Event of Default relates. 2.5.3 The party served with a Suspension Notice which specifies an Event of Default which is capable of remedy shall: (a) , with all reasonable diligence, take such steps as are specified in the Suspension Notice to remedy the Event of Default; and (b) Default and keep the party serving which served the Suspension Notice fully informed of the progress which is being made in remedying the Event of Defaultits progress. 2.5.4 Where a party served with a Suspension Notice has complied with its obligations under paragraph 2.5.3 (2.5.3, whether in whole or in part) , and it is reasonable for the suspension effected by the Suspension Notice to be revoked (revoked, whether in whole or in part), the party which served the Suspension Notice shall revoke the suspension to that extent. Such revocation shall be effected as soon as practicable after the remedy in question by notice to the other party specifying the extent of the revocation and the date on which it is to have effect.

Appears in 1 contract

Samples: Facility Access Contract

Suspension to be proportionate to breach. 2.5.1 A Suspension Notice served under paragraph 2.3 in respect of any of the Train Operator Freight Customer Events of Default specified in paragraphs (a) and (c) to (f) (inclusive) of paragraph 1.1 shall, so far as reasonably practicable, apply only to the: (a) railway vehicles; (b) Services; (c) Routes; and (dc) categories of train movements or railway vehicles, (or (as the case may be) parts or part of them) , to which the relevant Train Operator Freight Customer Event of Default relates. 2.5.2 A Suspension Notice served under paragraph 2.4 in respect of any of the Network Rail Events of Default specified in paragraphs 1.3(a), (c) and (d) shall, so far as reasonably practicable, apply only to the: (a) railway vehicles; (b) Services; (c) Routes; and (dc) categories of train movements or railway vehicles, (or (as the case may be) parts or part of them) , to which the relevant Network Rail Event of Default relates. 2.5.3 The party served with a Suspension Notice which specifies an Event of Default which is capable of remedy shall: (a) with all reasonable diligence, take such steps as are specified in the Suspension Notice to remedy the Event of Default; and (b) keep the party serving the Suspension Notice fully informed of the progress which is being made in remedying the Event of Default. 2.5.4 Where a party served with a Suspension Notice has complied with its obligations under paragraph 2.5.3 (2.5.3, whether in whole or in part) , and it is reasonable for the suspension effected by the Suspension Notice to be revoked (revoked, whether in whole or in part), the party which served the Suspension Notice shall revoke the suspension to that extent. Such revocation shall be effected as soon as practicable after the remedy in question by notice to the other party specifying the extent of the revocation and the date on which it is to have effect. 2.5.5 Where a revocation of a Suspension Notice (whether in whole or in part) is made by Network Rail under paragraph 2.5.4, Network Rail shall also revoke any corresponding suspension notices served by Network Rail on any Appointed Operators under their Operator Access Agreements to the same extent. 2.5.6 Where a revocation of a Suspension Notice (whether in whole or part) is made by the Freight Customer under paragraph 2.5.4, the Freight Customer shall notify any Appointed Operators notified of the Suspension Notice in accordance with paragraph 2.4(d) and shall procure that such Appointed Operators revoke any corresponding suspension notices issued by those Appointed Operators under their Operator Access Agreements to the same extent.

Appears in 1 contract

Samples: Freight Customer Track Access Contract

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