Common use of Train-Bus-Train Patterns Clause in Contracts

Train-Bus-Train Patterns. If any Service Group on any day is subject to a Train-Bus-Train Pattern on account of a Network Rail Restriction of Use, and where WACM, as defined in paragraph 3.4(b), has a value equal to or less than zero, then Network Rail shall pay to the Train Operator an additional payment calculated as follows: 𝐴𝑁𝑅𝑃 = π‘‡π‘‡π‘†π‘†π˜Ž ●(𝐢𝑀 βˆ’ 𝑁𝑅𝑃𝑃)●𝐷𝑉●𝑁𝑅𝑃𝑅●𝐡𝐹●𝑁𝐹 π‘‡π‘‡π‘…π‘†π˜Ž where: ANRP is the additional Network Rail payment; TTSSG is the total number of Trains scheduled in T2 to be run in the Service Group for that Restriction of Use Day to terminate at a destination other than that shown for those Trains due to a Train-Bus-Train Pattern in T1; TTRSG is the total number of Trains scheduled to be run in the Service Group in T1; T1 and T2 shall have the meanings ascribed to them in paragraph 3.3; CM, NRPP, NRPR and BF shall have the meanings ascribed to them in paragraph 3.4; and DV shall have the value of 0.125, provided that if: TTRSG is less than TTSSG then π‘‡π‘‡π‘†π‘†π˜Ž shall be deemed to have the value of one. π‘‡π‘‡π‘…π‘†π˜Ž In such a situation the Train Operator shall provide Network Rail with evidence, either that the Train-Bus-Train Pattern resulting from the Network Rail Restriction of Use is an arrangement that has been commonly used in the past by that Train Operator on the Services in question, or that it has arisen due to a change in circumstances. In default of agreement, in relation to the adequacy of such evidence, between the Train Operator and Network Rail within 28 days after the New Working Timetable is issued reflecting the relevant Network Rail Restriction of Use, the mechanism and procedure for dispute resolution set out in paragraphs 13.2, 13.3 and 13.4 shall apply.

Appears in 14 contracts

Samples: Track Access Contract (Passenger Services), Track Access Contract (Passenger Services), Track Access Contract (Passenger Services)

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Train-Bus-Train Patterns. If any Service Group on any day is subject to a Train-Bus-Train Pattern on account of a Network Rail Restriction of Use, and where WACM, as defined in paragraph 3.4(b), has a value equal to or less than zero, then Network Rail shall pay to the Train Operator an additional payment calculated as follows: 𝐴𝑁���� = 𝑇��𝑆�( οΏ½οΏ½οΏ½ ●(οΏ½)�𝑀 βˆ’ 𝑁��𝑃𝑃)●𝐷𝑉●● 𝑁𝑅𝑃𝑅●𝐡𝐹●𝑁𝐹 π‘‡π‘‡π‘…π‘†π˜Ž where: ANRP is the additional Network Rail payment; TTSSG is the total number of Trains scheduled in T2 to be run in the Service Group for that Restriction of Use Day to terminate at a destination other than that shown for those Trains due to a Train-Bus-Train Pattern in T1; TTRSG is the total number of Trains scheduled to be run in the Service Group in T1; T1 and T2 shall have the meanings ascribed to them in paragraph 3.3; CM, NRPP, NRPR and BF shall have the meanings ascribed to them in paragraph 3.4; and DV shall have the value of 0.125, provided that if: TTRSG is less than TTSSG then π‘‡π‘‡π‘†π‘†π˜Ž shall be deemed to have the value of one. π‘‡π‘‡π‘…π‘†π˜Ž In such a situation the Train Operator shall provide Network Rail with evidence, either that the Train-Bus-Train Pattern resulting from the Network Rail Restriction of Use is an arrangement that has been commonly used in the past by that Train Operator on the Services in question, or that it has arisen due to a change in circumstances. In default of agreement, in relation to the adequacy of such evidence, between the Train Operator and Network Rail within 28 days after the New Working Timetable is issued reflecting the relevant Network Rail Restriction of Use, the mechanism and procedure for dispute resolution set out in paragraphs 13.2, 13.3 and 13.4 shall apply.

Appears in 13 contracts

Samples: Track Access Contract, Track Access Contract, Track Access Contract (Passenger Services)

Train-Bus-Train Patterns. If any Service Group on any day is subject to a Train-Bus-Train Pattern on account of a Network Rail Restriction of Use, and where WACM, as defined in paragraph 3.4(b), has a value equal to or less than zero, then Network Rail shall pay to the Train Operator an additional payment calculated as follows: 𝐴𝑁𝑅�� = 𝑇𝑇𝑇𝑆𝑆𝐺 π‘‡π‘†π‘†π˜Ž ●(𝐢𝑀 βˆ’ 𝑁𝑅𝑃𝑃)●𝐷𝑉●𝑇𝑇𝑅𝑆𝐺 𝑁𝑅𝑃𝑅●𝐡𝐹●𝑁𝐹 π‘‡π‘‡π‘…π‘†π˜Ž where: ANRP is the additional Network Rail payment; TTSSG is the total number of Trains scheduled in T2 to be run in the Service Group for that Restriction of Use Day to terminate at a destination other than that shown for those Trains due to a Train-Bus-Train Pattern in T1; TTRSG is the total number of Trains scheduled to be run in the Service Group in T1; T1 and T2 shall have the meanings ascribed to them in paragraph 3.3; CM, NRPP, NRPR and BF shall have the meanings ascribed to them in paragraph 3.4; and DV shall have the value of 0.125, provided that if: TTRSG 𝑇𝑇𝑆𝑆𝐺 is less than TTSSG then π‘‡π‘‡π‘†π‘†π˜Ž shall be deemed to have the value of one. π‘‡π‘‡π‘…π‘†π˜Ž In such a situation the Train Operator shall provide Network Rail with evidence, either that the Train-Bus-Train Pattern resulting from the Network Rail Restriction of Use is an arrangement that has been commonly used in the past by that Train Operator on the Services in question, or that it has arisen due to a change in circumstances. In default of agreement, in relation to the adequacy of such evidence, between the Train Operator and Network Rail within 28 days after the New Working Timetable is issued reflecting the relevant Network Rail Restriction of Use, the mechanism and procedure for dispute resolution set out in paragraphs 13.2, 13.3 and 13.4 shall apply.

Appears in 10 contracts

Samples: Track Access Contract (Passenger Services), Track Access Contract (Passenger Services), Track Access Contract (Passenger Services)

Train-Bus-Train Patterns. If any Service Group on any day is subject to a Train-Bus-Train Pattern on account of a Network Rail CVL IM Restriction of Use, and where WACM, as defined in paragraph 3.4(b), has a value equal to or less than zero, then Network Rail the CVL IM shall pay to the Train Operator an additional payment calculated as follows: 𝐴𝑁𝑅𝑃 = π‘‡π‘‡π‘†π‘†π˜Ž ●(𝐢𝑀 βˆ’ 𝑁𝑅𝑃𝑃)●𝐷𝑉●𝑁𝑅𝑃��●𝐡�AAP �●𝑁𝐹 π‘‡π‘‡π‘…π‘†π˜Ž where: ANRP iCVL IM s the additional Network Rail payment; TTSSG is the total number of Trains scheduled in T2 to be run in the Service Group for that Restriction of Use Day to terminate at a destination other than that shown for those Trains due to a Train-Bus-Train Pattern in T1; TTRSG is the total number of Trains scheduled to be run in the Service Group in T1; T1 and T2 shall have the meanings ascribed to tAPPhem in APR paragraph 3.3; CM, NRPP, NRPR and BF shall have the meanings ascribed to them in paragraph 3.4; and DV shall have the value of 0.125, provided that if: TTRSG is less than TTSSG then π‘‡π‘‡π‘†π‘†π˜Ž shall be deemed to have the value of one. π‘‡π‘‡π‘…π‘†π˜Ž In such a situation the Trthe CVL IM ain Operator shall provide Network Rail with evidence, either that the Train-Bus-Train CVL IM Pattern resulting from the Network Rail Restriction of Use is an arrangement that has been commonly used in the past by that Train Operator on the Services in question, or that it has arisen due to a change in circumstances. In default of agreement, in relation to the adequacy of such evidence, betwthe CVL IM een the Train Operator and Network Rail within 28 days after the New Working Timetable is issuCVL IM ed reflecting the relevant Network Rail Restriction of Use, the mechanism and procedure for dispute resolution set out in paragraphs 13.2, 13.3 and 13.4 shall apply.

Appears in 4 contracts

Samples: Track Access Contract, Track Access Contract (Passenger Services), Track Access Contract

Train-Bus-Train Patterns. If any Service Group on any day is subject to a Train-Bus-Train Pattern on account of a Network Rail Restriction of Use, and where WACM, as defined in paragraph 3.4(b), has a value equal to or less than zero, then Network Rail shall pay to the Train Operator an additional payment calculated as follows: 𝐴𝑁�ANRP οΏ½οΏ½οΏ½ = 𝑇�TTSSG ● οΏ½π‘†π‘†π˜Ž ●(𝐢𝑀 βˆ’ 𝑁𝑅𝑃𝑃)●𝐷𝑉●CM - NRPP) ● DV ● NRPR ● BF ● NF TTRSG 𝑁𝑅𝑃𝑅●𝐡𝐹●𝑁𝐹 π‘‡π‘‡π‘…π‘†π˜Ž where: ANRP is the additional Network Rail payment; TTSSG is the total number of Trains scheduled in T2 to be run in the Service Group for that Restriction of Use Day to terminate at a destination other than that shown for those Trains due to a Train-Bus-Train Pattern in T1; TTRSG is the total number of Trains scheduled to be run in the Service Group in T1; T1 and T2 shall have the meanings ascribed to them in paragraph 3.3; CM, NRPP, NRPR and BF shall have the meanings ascribed to them in paragraph 3.4; and DV shall have the value of 0.125, provided that if: TTRSG one. TTSSG TTRSG is less than TTSSG then π‘‡π‘‡π‘†π‘†π˜Ž shall be deemed to have the value of one. π‘‡π‘‡π‘…π‘†π˜Ž In such a situation the Train Operator shall provide Network Rail with evidence, either that the Train-Bus-Train Pattern resulting from the Network Rail Restriction of Use is an arrangement that has been commonly used in the past by that Train Operator on the Services in question, or that it has arisen due to a change in circumstances. In default of agreement, in relation to the adequacy of such evidence, between the Train Operator and Network Rail within 28 days after the New Working Timetable is issued reflecting the relevant Network Rail Restriction of Use, the mechanism and procedure for dispute resolution set out in paragraphs 13.2, 13.3 and 13.4 shall apply.

Appears in 2 contracts

Samples: Track Access Contract (Passenger Services), Track Access Contract (Passenger Services)

Train-Bus-Train Patterns. If any Service Group on any day is subject to a Train-Bus-Train Pattern on account of a Network Rail CVL IM Restriction of Use, and where WACM, as defined in paragraph 3.4(b), has a value equal to or less than zero, then Network Rail the CVL IM shall pay to the Train Operator an additional payment calculated as follows: 𝐴𝑁𝑅𝑃 = π‘‡π‘‡π‘†π‘†π˜Ž ●(𝐢𝑀 βˆ’ 𝑁𝑅𝑃𝑃)●𝐷𝑉●𝑇𝑇𝑆𝑆𝐺 𝑇𝑇𝑅𝑆𝐺 𝑁𝑅𝑃��●𝐡�AAP �●𝑁𝐹 π‘‡π‘‡π‘…π‘†π˜Ž where: ANRP iCVL IM s the additional Network Rail payment; TTSSG is the total number of Trains scheduled in T2 to be run in the Service Group for that Restriction of Use Day to terminate at a destination other than that shown for those Trains due to a Train-Bus-Train Pattern in T1; TTRSG is the total number of Trains scheduled to be run in the Service Group in T1; T1 and T2 shall have the meanings ascribed to tAPPhem in APR paragraph 3.3; CM, NRPP, NRPR and BF shall have the meanings ascribed to them in paragraph 3.4; and DV shall have the value of 0.125, provided that if: TTRSG π‘‡π‘‡π‘…π‘†π˜Ž is less than TTSSG then π‘‡π‘‡π‘†π‘†π˜Ž shall be deemed to have the value of one. π‘‡π‘‡π‘…π‘†π˜Ž In such a situation the Trthe CVL IM ain Operator shall provide Network Rail with evidence, either that the Train-Bus-Train CVL IM Pattern resulting from the Network Rail Restriction of Use is an arrangement that has been commonly used in the past by that Train Operator on the Services in question, or that it has arisen due to a change in circumstances. In default of agreement, in relation to the adequacy of such evidence, betwthe CVL IM een the Train Operator and Network Rail within 28 days after the New Working Timetable is issuCVL IM ed reflecting the relevant Network Rail Restriction of Use, the mechanism and procedure for dispute resolution set out in paragraphs 13.2, 13.3 and 13.4 shall apply.

Appears in 1 contract

Samples: Track Access Contract

Train-Bus-Train Patterns. If any Service Group on any day is subject to a Train-Bus-Train Pattern on account of a Network Rail CVL IM Restriction of Use, and where WACM, as defined in paragraph 3.4(b), has a value equal to or less than zero, then Network Rail the CVL IM shall pay to the Train Operator an additional payment calculated as follows: 𝐴𝑁���� = 𝑇𝑇𝑆�‒ ( οΏ½οΏ½οΏ½ ●(𝐢𝑀 βˆ’ 𝑁𝑅𝑃𝑃)●𝐷𝑉●) β€’ β€’ β€’ β€’ 𝑁𝑅𝑃��●𝐡�AAP �●𝑁𝐹 π‘‡π‘‡π‘…π‘†π˜Ž where: ANRP iCVL IM s the additional Network Rail payment; TTSSG is the total number of Trains scheduled in T2 to be run in the Service Group for that Restriction of Use Day to terminate at a destination other than that shown for those Trains due to a Train-Bus-Train Pattern in T1; TTRSG is the total number of Trains scheduled to be run in the Service Group in T1; T1 and T2 shall have the meanings ascribed to tAPPhem in APR paragraph 3.3; CM, NRPP, NRPR and BF shall have the meanings ascribed to them in paragraph 3.4; and DV shall have the value of 0.125, provided that if: TTRSG is less than TTSSG then π‘‡π‘‡π‘†π‘†π˜Ž shall be deemed to have the value of one. π‘‡π‘‡π‘…π‘†π˜Ž In such a situation the Trthe CVL IM ain Operator shall provide Network Rail with evidence, either that the Train-Bus-Train CVL IM Pattern resulting from the Network Rail Restriction of Use is an arrangement that has been commonly used in the past by that Train Operator on the Services in question, or that it has arisen due to a change in circumstances. In default of agreement, in relation to the adequacy of such evidence, betwthe CVL IM een the Train Operator and Network Rail within 28 days after the New Working Timetable is issuCVL IM ed reflecting the relevant Network Rail Restriction of Use, the mechanism and procedure for dispute resolution set out in paragraphs 13.2, 13.3 and 13.4 shall apply.

Appears in 1 contract

Samples: Track Access Contract

Train-Bus-Train Patterns. If any Service Group on any day is subject to a Train-Bus-Train Pattern on account of a Network Rail Restriction of Use, and where WACM, as defined in paragraph 3.4(b), has a value equal to or less than zero, then Network Rail shall pay to the Train Operator an additional payment calculated as follows: 𝐴𝑁���� = 𝑇𝑇𝑆�‒ ( οΏ½οΏ½οΏ½ ●(𝐢𝑀 βˆ’ 𝑁𝑅𝑃𝑃)●𝐷𝑉●) β€’ β€’ β€’ β€’ 𝑁𝑅𝑃𝑅●𝐡𝐹●𝑁𝐹 π‘‡π‘‡π‘…π‘†π˜Ž where: ANRP is the additional Network Rail payment; TTSSG is the total number of Trains scheduled in T2 to be run in the Service Group for that Restriction of Use Day to terminate at a destination other than that shown for those Trains due to a Train-Bus-Train Pattern in T1; TTRSG is the total number of Trains scheduled to be run in the Service Group in T1; T1 and T2 shall have the meanings ascribed to them in paragraph 3.3; CM, NRPP, NRPR and BF shall have the meanings ascribed to them in paragraph 3.4; and DV shall have the value of 0.125, provided that if: TTRSG is less than TTSSG then π‘‡π‘‡π‘†π‘†π˜Ž shall be deemed to have the value of one. π‘‡π‘‡π‘…π‘†π˜Ž In such a situation the Train Operator shall provide Network Rail with evidence, either that the Train-Bus-Train Pattern resulting from the Network Rail Restriction of Use is an arrangement that has been commonly used in the past by that Train Operator on the Services in question, or that it has arisen due to a change in circumstances. In default of agreement, in relation to the adequacy of such evidence, between the Train Operator and Network Rail within 28 days after the New Working Timetable is issued reflecting the relevant Network Rail Restriction of Use, the mechanism and procedure for dispute resolution set out in paragraphs 13.2, 13.3 and 13.4 shall apply.

Appears in 1 contract

Samples: Track Access Contract

Train-Bus-Train Patterns. If any Service Group on any day is subject to a Train-Bus-Train Pattern on account of a Network Rail CVL IM Restriction of Use, and where WACM, as defined in paragraph 3.4(b), has a value equal to or less than zero, then Network Rail the CVL IM shall pay to the Train Operator an additional payment calculated as follows: 𝐴𝑁�𝐴𝐴𝑃 οΏ½οΏ½οΏ½ = 𝑇�𝑇𝑇𝑆𝑆𝐺 β€’ �𝑆𝑆�� ●(𝐢𝑀 βˆ’ 𝑁𝑅𝑃𝐴𝑃𝑃) β€’ 𝐷𝑉 β€’ 𝐴𝑃𝑅 β€’ 𝐡𝐹 β€’ 𝑃)●𝐷𝑉●𝑁𝑅𝑃��●𝐡�AAP �●𝑁𝐹 π‘‡π‘‡π‘…π‘†π˜Ž where: ANRP iCVL IM s the additional Network Rail payment; TTSSG is the total number of Trains scheduled in T2 to be run in the Service Group for that Restriction of Use Day to terminate at a destination other than that shown for those Trains due to a Train-Bus-Train Pattern in T1; TTRSG is the total number of Trains scheduled to be run in the Service Group in T1; T1 and T2 shall have the meanings ascribed to tAPPhem in APR paragraph 3.3; CM, NRPP, NRPR and BF shall have the meanings ascribed to them in paragraph 3.4; and DV shall have the value of 0.125, provided that if: TTRSG 𝑇𝑇𝑆𝑆𝐺 𝑇𝑇𝑅𝑆𝐺 is less than TTSSG then π‘‡π‘‡π‘†π‘†π˜Ž shall be deemed to have the value of one. π‘‡π‘‡π‘…π‘†π˜Ž In such a situation the Trthe CVL IM ain Operator shall provide Network Rail wBus- ith evidence, either that the Train-Bus-Train CVL IM Pattern resulting from the Network Rail Restriction of Use is an arrangement that has been commonly used in the past by that Train Operator on the Services in question, or that it has arisen due to a change in circumstances. In default of agreement, in relation to the adequacy of such evidence, betwthe CVL IM een the Train Operator and Network Rail within 28 days after the New Working Timetable is issuCVL IM ed reflecting the relevant Network Rail Restriction of Use, the mechanism and procedure for dispute resolution set out in paragraphs 13.2, 13.3 and 13.4 shall apply.

Appears in 1 contract

Samples: Track Access Contract

Train-Bus-Train Patterns. If any Service Group on any day is subject to a Train-Bus-Train Pattern on account of a Network Rail Restriction of Use, and where WACM, as defined in paragraph 3.4(b), has a value equal to or less than zero, then Network Rail shall pay to the Train Operator an additional payment calculated as follows: 𝐴𝑁�ANRP οΏ½οΏ½οΏ½ = 𝑇�TTSSG ● οΏ½π‘†π‘†π˜Ž ●(𝐢𝑀 βˆ’ 𝑁𝑅𝑃𝑃)●𝐷𝑉●CM - NRPP) ● DV ● NRPR ● BF ● NF TTRSG 𝑁𝑅𝑃𝑅●𝐡𝐹●𝑁𝐹 π‘‡π‘‡π‘…π‘†π˜Ž where: ANRP is the additional Network Rail payment; TTSSG is the total number of Trains scheduled in T2 to be run in the Service Group for that Restriction of Use Day to terminate at a destination other than that shown for those Trains due to a Train-Bus-Train Pattern in T1; TTRSG is the total number of Trains scheduled to be run in the Service Group in T1; T1 and T2 shall have the meanings ascribed to them in paragraph 3.3; CM, NRPP, NRPR and BF shall have the meanings ascribed to them in paragraph 3.4; and DV shall have the value of 0.125, provided that if: TTRSG is less than TTSSG then π‘‡π‘‡π‘†π‘†π˜Ž shall be deemed to have the value of one. π‘‡π‘‡π‘…π‘†π˜Ž In such a situation the Train Operator shall provide Network Rail with evidence, either that the Train-Bus-Train Pattern resulting from the Network Rail Restriction of Use is an arrangement that has been commonly used in the past by that Train Operator on the Services in question, or that it has arisen due to a change in circumstances. In default of agreement, in relation to the adequacy of such evidence, between the Train Operator and Network Rail within 28 days after the New Working Timetable is issued reflecting the relevant Network Rail Restriction of Use, the mechanism and procedure for dispute resolution set out in paragraphs 13.2, 13.3 and 13.4 shall apply.

Appears in 1 contract

Samples: Track Access Contract (Passenger Services)

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Train-Bus-Train Patterns. If any Service Group on any day is subject to a Train-Bus-Train Pattern on account of a Network Rail CVL IM Restriction of Use, and where WACM, as defined in paragraph 3.4(b), has a value equal to or less than zero, then Network Rail the CVL IM shall pay to the Train Operator an additional payment calculated as follows: 𝐴𝑁𝑅�� = 𝑇�𝑇𝑇𝑆𝑆𝐺 β€’ �𝑆𝑆�� ●(𝐢𝑀 βˆ’ 𝑁𝑅𝑃𝐴𝑃𝑃) β€’ 𝐷𝑉 β€’ 𝐴𝑃𝑅 β€’ 𝐡𝐹 β€’ 𝑃)●𝐷𝑉●𝑁𝑅𝑃��●𝐡�AAP �●𝑁𝐹 π‘‡π‘‡π‘…π‘†π˜Ž where: ANRP iCVL IM s the additional Network Rail payment; TTSSG is the total number of Trains scheduled in T2 to be run in the Service Group for that Restriction of Use Day to terminate at a destination other than that shown for those Trains due to a Train-Bus-Train Pattern in T1; TTRSG is the total number of Trains scheduled to be run in the Service Group in T1; T1 and T2 shall have the meanings ascribed to tAPPhem in APR paragraph 3.3; CM, NRPP, NRPR and BF shall have the meanings ascribed to them in paragraph 3.4; and DV shall have the value of 0.125, provided that if: TTRSG 𝑇𝑇𝑆𝑆𝐺 𝑇𝑇𝑅𝑆𝐺 is less than TTSSG then π‘‡π‘‡π‘†π‘†π˜Ž shall be deemed to have the value of one. π‘‡π‘‡π‘…π‘†π˜Ž In such a situation the Trthe CVL IM ain Operator shall provide Network Rail with evidence, either that the Train-Bus-Train CVL IM Pattern resulting from the Network Rail Restriction of Use is an arrangement that has been commonly used in the past by that Train Operator on the Services in question, or that it has arisen due to a change in circumstances. In default of agreement, in relation to the adequacy of such evidence, betwthe CVL IM een the Train Operator and Network Rail within 28 days after the New Working Timetable is issuCVL IM ed reflecting the relevant Network Rail Restriction of Use, the mechanism and procedure for dispute resolution set out in paragraphs 13.2, 13.3 and 13.4 shall apply.

Appears in 1 contract

Samples: Track Access Contract

Train-Bus-Train Patterns. If any Service Group on any day is subject to a Train-Bus-Train Pattern on account of a Network Rail Restriction of Use, and where WACM, as defined in paragraph 3.4(b), has a value equal to or less than zero, then Network Rail shall pay to the Train Operator an additional payment calculated as follows: 𝐴𝑁���� = π‘‡οΏ½οΏ½π‘†π‘†π˜Ž ●(οΏ½( , )�𝑀 βˆ’ 𝑁��𝑃𝑃)●𝐷𝑉●● 𝑁𝑅𝑃𝑅●𝐡𝐹●𝑁𝐹 π‘‡π‘‡π‘…π‘†π˜Ž where: ANRP is the additional Network Rail payment; TTSSG is the total number of Trains scheduled in T2 to be run in the Service Group for that Restriction of Use Day to terminate at a destination other than that shown for those Trains due to a Train-Bus-Train Pattern in T1; TTRSG is the total number of Trains scheduled to be run in the Service Group in T1; T1 and T2 shall have the meanings ascribed to them in paragraph 3.3; CM, NRPP, NRPR and BF shall have the meanings ascribed to them in paragraph 3.4; and DV shall have the value of 0.125, provided that if: TTRSG is less than TTSSG then π‘‡π‘‡π‘†π‘†π˜Ž shall be deemed to have the value of one. π‘‡π‘‡π‘…π‘†π˜Ž In such a situation the Train Operator shall provide Network Rail with evidence, either that the Train-Bus-Train Pattern resulting from the Network Rail Restriction of Use is an arrangement that has been commonly used in the past by that Train Operator on the Services in question, or that it has arisen due to a change in circumstances. In default of agreement, in relation to the adequacy of such evidence, between the Train Operator and Network Rail within 28 days after the New Working Timetable is issued reflecting the relevant Network Rail Restriction of Use, the mechanism and procedure for dispute resolution set out in paragraphs 13.2, 13.3 and 13.4 shall apply.

Appears in 1 contract

Samples: Track Access Contract

Train-Bus-Train Patterns. If any Service Group on any day is subject to a Train-Bus-Train Pattern on account of a Network Rail Restriction of Use, and where WACM, as defined in paragraph 3.4(b), has a value equal to or less than zero, then Network Rail shall pay to the Train Operator an additional payment calculated as follows: 𝐴𝑁���� = 𝑇��𝑆�( οΏ½οΏ½οΏ½ ●(οΏ½)�𝑀 βˆ’ 𝑁��𝑃𝑃)●𝐷𝑉●● 𝑁𝑅𝑃𝑅●𝐡𝐹●𝑁𝐹 π‘‡π‘‡π‘…π‘†π˜Ž where: ANRP is the additional Network Rail payment; TTSSG is the total number of Trains scheduled in T2 to be run in the Service Group for that Restriction of Use Day to terminate at a destination other than that shown for those Trains due to a Train-Bus-Train Pattern in T1; TTRSG is the total number of Trains scheduled to be run in the Service Group in T1; T1 and T2 shall have the meanings ascri3.3;β€Œ bed to them in paragraph 3.3; CM, NRPP, NRPR and BF shall have the meanings ascribed to them in paragraph 3.4; and DV s0.125,β€Œ hall have the value of 0.125, provided that if: TTRSG is less than TTSSG then π‘‡π‘‡π‘†π‘†π˜Ž shall be deemed to have the value of one. π‘‡π‘‡π‘…π‘†π˜Ž In such a situation the Train Operator shall provide Network Rail with evidence, either that the Train-Bus-Train Pattern resulting from the Network Rail Restriction of Use is an arrangement that has been commonly used in the past by that Train Operator on the Services in question, or that it has arisen due to a change in circumstances. In default of agreement, in relation to the adequacy of such evidence, between the Train Operator and Network Rail within 28 days after the New Working Timetable is issued reflecting the relevant Network Rail Restriction of Use, the mechanism and procedure for dispute resolution set out in paragraphs 13.2, 13.3 and 13.4 shall apply.

Appears in 1 contract

Samples: Track Access Contract (Passenger Services)

Train-Bus-Train Patterns. If any Service Group on any day is subject to a Train-Bus-Train Pattern on account of a Network Rail Restriction of Use, and where WACM, as defined in paragraph 3.4(b), has a value equal to or less than zero, then Network Rail shall pay to the Train Operator an additional payment calculated as follows: 𝐴𝑁𝑅�� = 𝑇𝑇𝑇𝑆𝑆𝐺 𝑇𝑆���, οΏ½ ●(𝐢𝑀 βˆ’ 𝑁𝑅𝑃𝑃)β—π·π‘‰β—π‘πΉβ€Œβ€Œ 𝑇𝑇𝑅𝑆𝐺 𝑁𝑅𝑃𝑅●𝐡𝐹●𝑁𝐹 π‘‡π‘‡π‘…π‘†π˜Ž where: ANRP is the additional Network Rail payment; TTSSG is the total number of Trains scheduled in T2 to be run in the Service Group for that Restriction of Use Day to terminate at a destination other than that shown for those Trains due to a TT1;β€Œ rain-Bus-Train Pattern in T1; TTRSG is the total number of Trains scheduled to be run in the Service Group in T1; T1 and T2 shall have the meanings ascri3.3;β€Œβ€Œ bed to them in paragraph 3.3; CM, NRPP, NRPR and BF shall have the meanings ascribed to them in paragraph 3.4; and DV s0.125,β€Œ hall have the value of 0.125, provided that if: TTRSG 𝑇𝑇𝑆𝑆𝐺 is less than TTSSG then π‘‡π‘‡π‘†π‘†π˜Ž shall be deemone.β€Œβ€Œβ€Œ ed to have the value of one. π‘‡π‘‡π‘…π‘†π˜Ž In such a situation the Train Operator shall provide Network Rail with evidence, either that the Train-Bus-Train Pattern resulting from the Network Rail Restriction of Use is an arrangement that has been commonly used in the past by that Train Operator on the Services in question, or that it has arisen due to a change in circumstances. In default of agreement, in relation to the adequacy of such evidence, between the Train Operator and Network Rail within 28 days after the New Working Timetable is issued reflecting the relevant Network Rail Restriction of Use, the mechanism and procedure for dispute resolution set out in paragraphs 13.2, 13.3 and 13.4 shall apply.

Appears in 1 contract

Samples: Track Access Contract

Train-Bus-Train Patterns. If any Service Group on any day is subject to a Train-Bus-Train Pattern on account of a Network Rail CVL IM Restriction of Use, and where WACM, as defined in paragraph 3.4(b), has a value equal to or less than zero, then Network Rail the CVL IM shall pay to the Train Operator an additional payment calculated as follows: 𝐴𝑁𝑅𝑃 = π‘‡π‘‡π‘†π‘†π˜Ž ●(𝐢𝑀 βˆ’ 𝑁𝑅𝑃𝑃)●𝐷𝑉●𝑇𝑇𝑆𝑆𝐺 𝑇𝑇𝑅𝑆𝐺 𝑁𝑅𝑃��●𝐡�AAP �●𝑁𝐹 π‘‡π‘‡π‘…π‘†π˜Ž where: ANRP iCVL IM s the additional Network Rail payment; TTSSG is the total number of Trains scheduled in T2 to be run in the Service Group for that Restriction of Use Day to terminate at a destination other than that shown for those Trains due to a Train-Bus-Train Pattern in T1; TTRSG is the total number of Trains scheduled to be run in the Service Group in T1; T1 and T2 shall have the meanings ascribed to tAPPhem in APR paragraph 3.3; CM, NRPP, NRPR and BF shall have the meanings ascribed to them in paragraph 3.4; and DV shall have the value of 0.125, provided that if: TTRSG 𝑇𝑇𝑆𝑆𝐺 𝑇𝑇𝑅𝑆𝐺 is less than TTSSG then π‘‡π‘‡π‘†π‘†π˜Ž shall be deemed to have the value of one. π‘‡π‘‡π‘…π‘†π˜Ž In such a situation the Trthe CVL IM ain Operator shall provide Network Rail with evidence, either that the Train-Bus-Train CVL IM Pattern resulting from the Network Rail Restriction of Use is an arrangement that has been commonly used in the past by that Train Operator on the Services in question, or that it has arisen due to a change in circumstances. In default of agreement, in relation to the adequacy of such evidence, betwthe CVL IM een the Train Operator and Network Rail within 28 days after the New Working Timetable is issuCVL IM ed reflecting the relevant Network Rail Restriction of Use, the mechanism and procedure for dispute resolution set out in paragraphs 13.2, 13.3 and 13.4 shall apply.

Appears in 1 contract

Samples: Track Access Contract

Train-Bus-Train Patterns. If any Service Group on any day is subject to a Train-Bus-Train Pattern on account of a Network Rail Restriction of Use, and where WACM, as defined in paragraph 3.4(b), has a value equal to or less than zero, then Network Rail shall pay to the Train Operator an additional payment calculated as follows: 𝐴𝑁𝑅𝑃 = π‘‡π‘‡π‘†π‘†π˜Ž ●(𝐢𝑀 βˆ’ 𝑁𝑅𝑃𝑃)●𝐷𝑉●𝑁𝑅𝑃𝑅●𝐡𝐹●𝑁𝐹 π‘‡π‘‡π‘…π‘†π˜Ž where: ANRP is the additional Network Rail payment; TTSSG is the total number of Trains scheduled in T2 to be run in the Service Group for that Restriction of Use Day to terminate at a destination other than that shown for those Trains due to a Train-Bus-Train Pattern in T1; TTRSG is the total number of Trains scheduled to be run in the Service Group in T1; T1 and T2 shall have the meanings ascribed to them in paragraph 3.3; CM, NRPP, NRPR and BF shall have the meanings ascribed to them in paragraph 3.4; and DV shall have the value of 0.125, provided that if: TTRSG is less than TTSSG then π‘‡π‘‡π‘†π‘†π˜Ž shall be deemed to have the value of one. π‘‡π‘‡π‘…π‘†π˜Ž In such a situation the Train Operator shall provide Network Rail with evidence, either that the Train-Bus-Train Pattern resulting from the Network Rail Restriction of Use is an arrangement that has been commonly used in the past by that Train Operator on the Services in question, or that it has arisen due to a change in circumstances. In default of agreement, in relation to the adequacy of such evidence, between the Train Operator and Network Rail within 28 days after the New Working Timetable is issued reflecting the relevant Network Rail Restriction of Use, the mechanism and procedure for dispute resolution set out in pa. For each Period and for each Service Group, Network Rail shall calculate the compensation payable in respect of all Network Rail Restrictions of Use on each Restriction of Use Day in that Period by applying the formulae in paragraph 4.2. For the purposes of determining for this paragraph 4 to which Service Group a particular Train is allocated, a Train (or portion of a Train) shall be treated as allocated to a particular Service Group by reference to its Service Code, provided that where a particular Train (or portion of a Train) is given a different Service Code in the New Working Timetable from the Service Code given to it in the Applicable Timetable or a different Service Code in the Corresponding Day Timetable from the Service Code given to it in the New Working Timetable it shall be treated as part of the Service Group in relation to whichever of those Service Codes most correctly applies to that Train or, where both Service Codes could equally apply to that Train, to the Service Code applied to that Train in the New Working Timetable. The formula referred to in paragraph 4.1 is as follows: where: βˆ‘ is the sum across all applicable Network Rail Restrictions of Use and all Restriction of Use Days in the Period; RRBC is the rail replacement bus cost, for the Service(s) (or part(s) thereof) in that Service Group as a result of a Network Rail Restriction of Use, calculated according to the following formula: where: EBM is the number of estimated bus miles for the Train Operator; and EBMPR is the payment rate per EBM, which is Β£[●in 2023-2024 prices] If there is a full bus replacement If there is partial bus replacement If there is no bus replacement (as set out in Annex B to this Part 3 of Schedule 4) where: EBMW is the weighting applicable to the affected section of route, as set out in Annex B to this Part 3 of Schedule 4; FBRmiles is the length of route, in miles, between the applicable pair of Viable Transfer Points over which train services are affected and for which full bus replacement is required as set out in Annex B to this Part 3 of Schedule 4; PBRmiles is the length of route, in miles, between the applicable pair of Viable Transfer Points over which train services are affected and for which partial bus replacement is required as set out in Annex B to this Part 3 of Schedule 4; ITS is 1 or the percentage of trains stopping at intermediate stations for those cases where EBMW = 50%; and TMC is the cost or saving, expressed in xxxxx per train mile and rounded to two decimal places, resulting from train mileage change, for the Service(s) (or part(s) thereof) in that Service Group as a result of a Network Rail Restriction of Use, calculated according to the following formula: where: TM is the change in train mileage; and TMPR is the payment rate per train mile, as stipulated in Annex C to this Part 3 of Schedule 4. Either party may by notice to the other propose that Xxxxx B be amended in accordance with this paragraph 5ragraphs 13.2, 13.3 and 13.4 shall apply.

Appears in 1 contract

Samples: Track Access Contract

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