Common use of Traction Electricity Charge Clause in Contracts

Traction Electricity Charge. For the purposes of paragraph 1, the term ECt means an amount in respect of traction electricity charge in relevant year t which is derived from the total costs and expenses to Network Rail of supplying or procuring the supply of traction electricity to the Route in relevant year, provided that: (A) in the event that, in any relevant year t, Nexus supplies or procures the supply of all traction current to the Route at no cost to Network Rail, ECt shall be nil; (B) in the event that, in any relevant year t, any other train operator(s) should operate railway services on the Route using traction electricity, the parties shall determine a fair and equitable apportionment between Nexus and such other train operator(s) of the total costs and expenses to Network Rail and/or Nexus (as the case may be) of supplying or procuring the supply of traction electricity to the Route and ECt shall reflect such fair and equitable apportionment and if the parties fail to determine such apportionment within 90 days of Network Rail notifying Nexus in writing that such other train operator(s) will be operating railway services on the Route using traction electricity, either party shall be entitled to refer the matter for determination in accordance with the Access Dispute Resolution Rules; and (C) Network Rail shall at all times use its reasonable endeavours to minimise the costs and expenses which it incurs in procuring traction electricity for the Route.

Traction Electricity Charge. For the purposes of paragraph 1, the term ECt means an amount in respect of traction electricity charge in relevant year t which is derived from the total costs and expenses to Network Rail of supplying or procuring the supply of traction electricity to the Route in relevant year, provided that: (A) in the event that, in any relevant year t, Nexus supplies or procures the supply of all traction current to the Route at no cost to Network Rail, ECt shall be nil; (B) in the event that, in any relevant year t, any other train operator(s) should operate railway services on the Route using traction electricity, the parties shall determine a fair and equitable apportionment between Nexus and such other train operator(s) of the total costs and expenses to Network Rail and/or Nexus (as the case may be) of supplying or procuring the supply of traction electricity to the Route and ECt shall reflect such fair and equitable apportionment and if the parties fail to determine such apportionment within 90 days of Network Rail notifying Nexus in writing that such other train operator(s) will be operating railway services on the Route using traction electricity, either party shall be entitled to refer the matter for determination in accordance with the Access Dispute Resolution Rules; and (C) Network Rail shall at all times use its reasonable endeavours to minimise the costs and expenses which it incurs in procuring traction electricity for the Route.