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; and (c) categories of train movements or railway vehicles, or 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 Nexus 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; and (c) categories of train movements or railway vehicles, or parts or part of them, to which the relevant Nexus 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.

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; andand‌ (c) categories of train movements or railway vehicles, vehicles,‌ or 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 Nexus 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; andand‌ (c) categories of train movements or railway vehicles, vehicles,‌ or parts or part of them, to which the relevant Nexus 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.‌

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 CRL‟s 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; and (c) categories of train movements or railway vehicles, or parts or part of them, to which the relevant Train Operator CRL Event of Default relates. 2.5.2 A Suspension Notice served under paragraph 2.4 in respect of any of Nexus RRL 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; and (c) categories of train movements or railway vehicles, or parts or part of them, to which the relevant Nexus RRL 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.