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

Suspension to be proportionate to breach. 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: railway vehicles; Services; Routes; 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. 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: railway vehicles; Services; Routes; 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. The party served with a Suspension Notice which specifies an Event of Default which is capable of remedy shall: with all reasonable diligence, take such steps as are specified in the Suspension Notice to remedy the Event of Default; and keep the party serving the Suspension Notice fully informed of the progress which is being made in remedying the Event of Default. 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. Termination Network Rail's right to terminate 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.

Suspension to be proportionate to breach. 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: railway vehicles; Services; Routes; 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. 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: railway vehicles; Services; Routes; 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. The party served with a Suspension Notice which specifies an Event of Default which is capable of remedy shall: with all reasonable diligence, take such steps as are specified in the Suspension Notice to remedy the Event of Default; and keep the party serving the Suspension Notice fully informed of the progress which is being made in remedying the Event of Default. 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. Termination Network Rail's right to terminate Network Rail may serve Where 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 revocation 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 (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 not capable made by the Freight Customer under paragraph 2.5.4, the Freight Customer shall notify any Appointed Operators notified of being remedied the Suspension Notice in accordance with paragraph 2.4(d) and 3 months have elapsed from shall procure that such Appointed Operators revoke any corresponding suspension notices issued by those Appointed Operators under their Operator Access Agreements to the service of that Suspension Notice.same extent. Termination

Suspension to be proportionate to breach. 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: railway vehicles; Services; Routes; 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. 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: railway vehicles; Services; Routes; 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. The party served with a Suspension Notice which specifies an Event of Default which is capable of remedy shall: with all reasonable diligence, take such steps as are specified in the Suspension Notice to remedy the Event of Default; and keep the party serving the Suspension Notice fully informed of the progress which is being made in remedying the Event of Default. 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. Termination Network Rail's right to terminate 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.Termination