Common use of Timetable Agents Clause in Contracts

Timetable Agents. In this Schedule 2, each reference to the Freight Customer shall be construed as a reference to (i) the Freight Customer and (ii) any Timetable Agent appointed by the Freight Customer to the extent of the Specified Timetable Agent's Rights. From: Tarmac Trading Ltd (the "Freight Customer") To: Network Rail Infrastructure Limited ("Network Rail") 0 Xxxxxxxxx Xxxxxx Xxxxxx XX0 0XX Email: xxxxxxx@xxxxxxxxxxx.xx.xx Attn: The Company Secretary and Solicitor And to: [Insert details of the Appointed Operator who will be operating the Services] Copy to: XXX [Insert notice address details for XXX] Dated: [●] Dear Sirs 1. We refer to the Access Contract. This is a Drawdown Notice. Terms defined in the Access Contract have the same meaning in this Drawdown Notice unless given a different meaning in this Drawdown Notice. 2. The Freight Customer hereby exercises its rights under Clause 5.1.1 of the Access Contract and therefore notifies Network Rail that: (a) the Appointed Operator is [insert name of the Appointed Operator] (the "Appointed Operator"); (b) the Appointed Operator's access agreement pursuant to which the Freight Customer Services (as defined in paragraph (c) below) will be operated is [insert details of the Appointed Operator's Access Agreement pursuant to which the Freight Customer Services will be operated] (the "Appointed Operator Access Agreement"); (c) the Services which are to be included in the rights table in schedule 5 to the Appointed Operator Access Agreement in accordance with clause [5.10.1] of that Appointed Operator Access Agreement are set out in the Annex to this Drawdown Notice (the "Freight Customer Services"); (d) the Appointed Operator [shall/shall not] be entitled to make Access Proposals, Rolled Over Access Proposals or Train Operator Variation Requests and exercise its rights under schedule 2 to the Appointed Operator Access Agreement in respect of the Freight Customer Services; (e) as at the date of this Drawdown Notice: [either:

Timetable Agents. In this Schedule 2, each reference to the Freight Customer shall be construed as a reference to (i) the Freight Customer and (ii) any Timetable Agent appointed by the Freight Customer to the extent of the Specified Timetable Agent's Rights. From: Tarmac Trading London Gateway Port Ltd (the "Freight Customer") To: Network Rail Infrastructure Limited ("Network Rail") 0 Xxxxxxxxx Xxxxxx Xxxxxx XX0 0XX Email: xxxxxxx@xxxxxxxxxxx.xx.xx Attn: The Company Secretary and Solicitor And to: [Insert details of the Appointed Operator who will be operating the Services] Copy to: XXX [Insert notice address details for XXX] Dated: [●] Dear Sirs 1. We refer to the Access Contract. This is a Drawdown Notice. Terms defined in the Access Contract have the same meaning in this Drawdown Notice unless given a different meaning in this Drawdown Notice. 2. The Freight Customer hereby exercises its rights under Clause 5.1.1 of the Access Contract and therefore notifies Network Rail that: (a) the Appointed Operator is [insert name of the Appointed Operator] (the "Appointed Operator"); (b) the Appointed Operator's access agreement pursuant to which the Freight Customer Services (as defined in paragraph (c) below) will be operated is [insert details of the Appointed Operator's Access Agreement pursuant to which the Freight Customer Services will be operated] (the "Appointed Operator Access Agreement"); (c) the Services which are to be included in the rights table in schedule 5 to the Appointed Operator Access Agreement in accordance with clause [5.10.1] of that Appointed Operator Access Agreement are set out in the Annex to this Drawdown Notice (the "Freight Customer Services"); (d) the Appointed Operator [shall/shall not] be entitled to make Access Proposals, Rolled Over Access Proposals or Train Operator Variation Requests and exercise its rights under schedule 2 to the Appointed Operator Access Agreement in respect of the Freight Customer Services; (e) as at the date of this Drawdown Notice: [either:

Timetable Agents. In this Schedule 2, each reference to the Freight Customer shall be construed as a reference to (i) the Freight Customer and (ii) any Timetable Agent appointed by the Freight Customer to the extent of the Specified Timetable Agent's Rights. (Form of Drawdown Notice) From: Tarmac Trading Ltd Associated British Ports (the "Freight Customer") To: Network Rail Infrastructure Limited ("Network Rail") 0 Xxxxxxxxx Xxxxxx Xxxxxx XX0 0XX NW1 2DN Email: xxxxxxx@xxxxxxxxxxx.xx.xx Attn: The Company Secretary and Solicitor And to: [Insert details of the Appointed Operator who will be operating the Services] Copy to: XXX [Insert notice address details for XXX] Dated: [●] Dear Sirs 1. We refer to the Access Contract. This is a Drawdown Notice. Terms defined in the Access Contract have the same meaning in this Drawdown Notice unless given a different meaning in this Drawdown Notice. 2. The Freight Customer hereby exercises its rights under Clause 5.1.1 of the Access Contract and therefore notifies Network Rail that: (a) the Appointed Operator is [insert name of the Appointed Operator] (the "Appointed Operator"); (b) the Appointed Operator's access agreement pursuant to which the Freight Customer Services (as defined in paragraph (c) below) will be operated is [insert details of the Appointed Operator's Access Agreement pursuant to which the Freight Customer Services will be operated] (the "Appointed Operator Access Agreement"); (c) the Services which are to be included in the rights table in schedule 5 to the Appointed Operator Access Agreement in accordance with clause [5.10.1] of that Appointed Operator Access Agreement are set out in the Annex to this Drawdown Notice (the "Freight Customer Services"); (d) the Appointed Operator [shall/shall not] be entitled to make Access Proposals, Rolled Over Access Proposals or Train Operator Variation Requests and exercise its rights under schedule 2 to the Appointed Operator Access Agreement in respect of the Freight Customer Services; (e) as at the date of this Drawdown Notice: [either:

Timetable Agents. In this Schedule 2, each reference to the Freight Customer shall be construed as a reference to (i) the Freight Customer and (ii) any Timetable Agent appointed by the Freight Customer to the extent of the Specified Timetable Agent's Rights. From: Tarmac Trading Ltd Associated British Ports (the "Freight Customer") To: Network Rail Infrastructure Limited ("Network Rail") 0 Xxxxxxxxx Xxxxxx Xxxxxx XX0 0XX Email: xxxxxxx@xxxxxxxxxxx.xx.xx Attn: The Company Secretary and Solicitor And to: [Insert details of the Appointed Operator who will be operating the Services] Copy to: XXX [Insert notice address details for XXX] Dated: [●] Dear SirsSirs Track Access Contract (Freight Customer Access) between the Freight Customer and Network Rail dated 9th December 2019 (the "Access Contract") 1. We refer to the Access Contract. This is a Drawdown Notice. Terms defined in the Access Contract have the same meaning in this Drawdown Notice unless given a different meaning in this Drawdown Notice. 2. The Freight Customer hereby exercises its rights under Clause 5.1.1 of the Access Contract and therefore notifies Network Rail that: (a) the Appointed Operator is [insert name of the Appointed Operator] (the "Appointed Operator"); (b) the Appointed Operator's access agreement pursuant to which the Freight Customer Services (as defined in paragraph (c) below) will be operated is [insert details of the Appointed Operator's Access Agreement pursuant to which the Freight Customer Services will be operated] (the "Appointed Operator Access Agreement"); (c) the Services which are to be included in the rights table in schedule 5 to the Appointed Operator Access Agreement in accordance with clause [5.10.1] of that Appointed Operator Access Agreement are set out in the Annex to this Drawdown Notice (the "Freight Customer Services"); (d) the Appointed Operator [shall/shall not] be entitled to make Access Proposals, Rolled Over Access Proposals or Train Operator Variation Requests and exercise its rights under schedule 2 to the Appointed Operator Access Agreement in respect of the Freight Customer Services; (e) as at the date of this Drawdown Notice: [either: (i) the Freight Customer has not exercised any of its rights under Schedule 4 to the Access Contract in relation to the Freight Customer Services;] or [(i) the Appointed Operator's rights and obligations under [paragraph[s] [●] of Schedule 4] [and [●] ] to the Appointed Operator Access Agreement shall not apply in respect of [the Freight Customer Services/the following Freight Customer Services: [insert details]] [; and / .]] [(ii) the Freight Customer has secured the following Train Slot[s] in the Working Timetable, the access rights in respect of which should be incorporated into the Appointed Operator Access Agreement in accordance with clause [5.10.1] of that Appointed Operator Access Agreement: [insert details of any Train Slots that have been secured by the Freight Customer in the Working Timetable prior to the date of this Drawdown Notice, the access rights in respect of which should be incorporated into the Appointed Operator Access Agreement.][; and/.]] [[(ii) / (iii)] access rights in respect of the following Alternative Train Slots (established under Schedule 4 to the Access Contract by reference to the Working Timetable) should be incorporated into the Appointed Operator Access Agreement in accordance with clause [5.10.1] of that Appointed Operator Access Agreement: [insert details of any Alternative Train Slots that have been established under Schedule 4, the access rights in respect of which are to be incorporated into the Appointed Operator Access Agreement][; and/.] [[(ii) / (iii) / (iv)] in accordance with Condition D4.3.2 of the Network Code: (A) Network Rail has consulted with the Freight Customer with respect to; and (B) the Freight Customer has consented to, the exercise by Network Rail of its Flexing Rights in respect of the following Train Slot[s], the access rights to which shall be incorporated into the Appointed Operator Access Agreement:

Timetable Agents. In this Schedule 2, each reference to the Freight Customer shall be construed as a reference to (i) the Freight Customer and (ii) any Timetable Agent appointed by the Freight Customer to the extent of the Specified Timetable Agent's Rights. From: Tarmac Trading Fishbone Solutions Group Ltd (the "Freight Customer") To: Email: Network Rail Infrastructure Limited ("Network Rail") 0 Xxxxxxxxx Xxxxxx Xxxxxx XX0 0XX Email: Waterloo General Offices London SE1 8SW xxxxxxx@xxxxxxxxxxx.xx.xx Attn: The Company Secretary and Solicitor And to: [Insert details of the Appointed Operator who will be operating the Services] Copy to: XXX [Insert notice address details for XXX] Manager, Track Access Team Office of Rail & Road 00 Xxxxx Xxxxxx Xxxxxx X00 0XX Dated: [●[ ] Dear Sirs 1. We refer to the Access Contract. This is a Drawdown Notice. Terms defined in the Access Contract have the same meaning in this Drawdown Notice unless given a different meaning in this Drawdown Notice. 2. The Freight Customer hereby exercises its rights under Clause 5.1.1 of the Access Contract and therefore notifies Network Rail that: (a) the Appointed Operator is [insert name of the Appointed Operator] (the "Appointed Operator"); (b) the Appointed Operator's access agreement pursuant to which the Freight Customer Services (as defined in paragraph (c) below) will be operated is [insert details of the Appointed Operator's Access Agreement pursuant to which the Freight Customer Services will be operated] (the "Appointed Operator Access Agreement"); (c) the Services which are to be included in the rights table in schedule 5 to the Appointed Operator Access Agreement in accordance with clause [5.10.1] of that Appointed Operator Access Agreement are set out in the Annex to this Drawdown Notice (the "Freight Customer Services"); (d) the Appointed Operator [shall/shall not] not]1 be entitled to make Access Proposals, Rolled Over Access Proposals or Train Operator Variation Requests and exercise its rights under schedule 2 to the Appointed Operator Access Agreement in respect of the Freight Customer Services; (e) as at the date of this Drawdown Notice: [either: