Common use of Traffic operation Clause in Contracts

Traffic operation. Rail Net Denmark manages traffic on behalf of ØSB. Rail Net Denmark has the coordinating role and final decision-making power in regard to resolving traffic irregularities with or without decreased capacity. Traffic operation is established based on ‘Principles for operation’ published annually by Rail Net Denmark prior to the beginning of the timetable period. The drafting of the ‘Principles for operation’ is carried out in close collaboration between Rail Net Denmark and the RUs and follow the procedure for capacity allocation according to applicable law on allocation of railway infrastructure capacity (paths) etc. The ‘Principles for operation’ are subject to continuous revision and the RU is obliged to participate in its preparation and implementation. The ‘Principles for operation’ do not overrule the obligations of Rail Net Denmark to give notice on infrastructure work under section 7 of the contract. Rail Net Denmark and the RU are bound by the ‘Principles for operation’. However, Rail Net Denmark reserves the right to make other allocations where deemed necessary. The RU will ensure that staff and rolling stock plans support the general allocation plans. The use of the ‘Principles for operation’ may be initiated by Rail Net Denmark or by the RU for RU’s own trains. The ‘Principles for operation’ include appendixes with recommendations on maintenance driving. Rail Net Denmark ensures that all RUs participate equally in the maintenance driving. Rail Net Denmark’s allocation authorities According to the applicable executive order on allocation of railway infrastructure capacity (paths) etc., Rail Net Denmark can, in connection with traffic disturbances, demand the RU to make drivers and rolling stock available for removal of equipment belonging to other parties or other forms of clearance. The RU will be remunerated by those who are responsible for the obstruction in the traffic flow. Tool car standby Rail Net Denmark may request tool car standby for clearing the infrastructure where RU equipment interferes with the traffic flow. The RU will pay such expenses according to section 9 of the contract.

Traffic operation. Rail Net Denmark manages traffic Traffic operation on behalf of ØSB. the main line during irregularities with or without reduced capacity Rail Net Denmark has the coordinating role and final decision-making power in regard to resolving traffic irregularities with or without decreased capacity. Traffic operation is established based on ‘Principles for operation’ published annually by Rail Net Denmark prior to the beginning of the timetable period. The drafting of the ‘Principles for operation’ is carried out in close collaboration between Rail Net Denmark and the RUs and follow the procedure for capacity allocation according to applicable law on allocation of railway infrastructure capacity (paths) etc. The ‘Principles for operation’ are subject to continuous revision during the timetable period and the RU is obliged to participate in its preparation and implementation. The ‘Principles for operation’ do not overrule the obligations of Rail Net Denmark to give notice on infrastructure work under section 7 of the contract. Rail Net Denmark and the RU are bound by the ‘Principles for operation’. However, Rail Net Denmark reserves the right to make other allocations where deemed necessary. The RU will ensure that staff and rolling stock plans support the general allocation plans. The use of the ‘Principles for operation’ may be initiated by Rail Net Denmark or by the RU for RU’s own trains. The ‘Principles for operation’ include appendixes with recommendations on maintenance driving. Rail Net Denmark ensures that all RUs participate equally in the maintenance driving. Traffic operation on the S-line during irregularities The parties are under obligation to participate in preparing and implementing the restoration agenda (which includes layout of allocation principles and allocation plans) and emergency timetables. The emergency timetables are registered in the applicable service timetable for S-trains. The parties are bound by the restoration agenda and/or emergency timetables if irregularities occur. However, Rail net Denmark reserves the right to carry out other allocations where deemed necessary. Rail Net Denmark’s allocation authorities According to the applicable executive order on allocation of railway infrastructure capacity (paths) etc., Rail Net Denmark can, in connection with traffic disturbances, demand the RU to make drivers and rolling stock available for removal of equipment belonging to other parties or other forms of clearance. The RU will be remunerated by those who are responsible for the obstruction in the traffic flow. Tool car standby Rail Net Denmark may request tool car standby for clearing the infrastructure where RU equipment interferes with the traffic flow. The RU will pay such expenses according to section 9 of the this contract.