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: = ●( − )●●●● 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 shall be deemed to have the value of one. 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: www.orr.gov.uk, www.orr.gov.uk, www.orr.gov.uk

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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: 𝐴𝑁𝑅𝑃 = 𝑇𝑇𝑆𝑆𝘎 ( (𝐶𝑀 )𝑁𝑅𝑃𝑃)𝐷𝑉𝑁𝑅𝑃𝑅𝐵𝐹●𝑁𝐹 𝑇𝑇𝑅𝑆𝘎 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 𝑇𝑇𝑆𝑆𝘎 shall be deemed to have the value of one. 𝑇𝑇𝑅𝑆𝘎 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 12 contracts

Samples: www.orr.gov.uk, www.orr.gov.uk, www.orr.gov.uk

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 = 𝑇𝑇𝑆𝑆𝐺 ( (𝐶𝑀 )𝑁𝑅𝑃𝑃)𝐷𝑉𝑁𝑅𝑃𝑅𝐵𝐹●𝑁𝐹 𝑇𝑇𝑅𝑆𝐺 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 𝑇𝑇𝑆𝑆𝐺 shall be deemed to have the value of one. 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 9 contracts

Samples: www.orr.gov.uk, www.orr.gov.uk, www.orr.gov.uk

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: = ( − )●●●● ) • • • • where: ANRP AAP is the additional Network Rail CVL IM 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, NRPPAPP, NRPR APR 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 shall be deemed to have the value of one. In such a situation the Train Operator shall provide Network Rail the CVL IM with evidence, either that the Train-Bus-Train Pattern resulting from the Network Rail CVL IM 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 the CVL IM within 28 days after the New Working Timetable is issued reflecting the relevant Network Rail CVL IM 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: www.orr.gov.uk, www.orr.gov.uk, tfwrail.wales

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 = ●( − )●●●TTSSG (CM - NRPP) ● DV ● NRPR ● BF ● NF TTRSG 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 one. TTSSG TTRSG shall be deemed to have the value of one. 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, 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: = ●( − )●●●● where: ANRP AAP is the additional Network Rail CVL IM 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, NRPPAPP, NRPR APR 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 shall be deemed to have the value of one. In such a situation the Train Operator shall provide Network Rail the CVL IM with evidence, either that the Train-Bus-Train Pattern resulting from the Network Rail CVL IM 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 the CVL IM within 28 days after the New Working Timetable is issued reflecting the relevant Network Rail CVL IM 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: tfwrail.wales, tfwrail.wales

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 = 𝑇𝑇𝑆𝑆𝐺 ( − )(𝐶𝑀 , 𝑁𝑅𝑃𝑃)𝐷𝑉𝑁𝑅𝑃𝑅𝐵𝐹●𝑁𝐹‌‌ 𝑇𝑇𝑅𝑆𝐺 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; 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; 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, 0.125,‌ provided that if: TTRSG is less than TTSSG then 𝑇𝑇𝑆𝑆𝐺 shall be deemed to have the value of one. one.‌‌‌ 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: www.orr.gov.uk

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 = ●( 𝑇𝑇𝑆𝑆𝐺 • (𝐶𝑀 )●●●● 𝐴𝑃𝑃) • 𝐷𝑉 • 𝐴𝑃𝑅 • 𝐵𝐹 • 𝑁𝐹 where: ANRP AAP is the additional Network Rail CVL IM 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, NRPPAPP, NRPR APR 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 𝑇𝑇𝑆𝑆𝐺 𝑇𝑇𝑅𝑆𝐺 shall be deemed to have the value of one. In such a situation the Train Operator shall provide Network Rail the CVL IM with evidence, either that the Train-Bus-Train Pattern resulting from the Network Rail CVL IM 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 the CVL IM within 28 days after the New Working Timetable is issued reflecting the relevant Network Rail CVL IM 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: trc.cymru

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: = ( − )●●●● ) • • • • 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 shall be deemed to have the value of one. 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: www.orr.gov.uk

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: 𝐴𝐴𝑃 = ●( 𝑇𝑇𝑆𝑆𝐺 • (𝐶𝑀 )●●●● 𝐴𝑃𝑃) • 𝐷𝑉 • 𝐴𝑃𝑅 • 𝐵𝐹 • 𝑁𝐹 where: ANRP AAP is the additional Network Rail CVL IM 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, NRPPAPP, NRPR APR 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 𝑇𝑇𝑆𝑆𝐺 𝑇𝑇𝑅𝑆𝐺 shall be deemed to have the value of one. In such a situation the Train Operator shall provide Network Rail the CVL IM with evidence, either that the Train-Bus-Bus- Train Pattern resulting from the Network Rail CVL IM 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 the CVL IM within 28 days after the New Working Timetable is issued reflecting the relevant Network Rail CVL IM 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: www.orr.gov.uk

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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: 𝑇𝑇𝑆𝑆𝐺 𝐴𝐴𝑃 = ●( • (𝐶𝑀 )●●●● 𝐴𝑃𝑃) • 𝐷𝑉 • 𝐴𝑃𝑅 • 𝐵𝐹 • 𝑁𝐹 𝑇𝑇𝑅𝑆𝐺 where: ANRP AAP is the additional Network Rail CVL IM 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, NRPPAPP, NRPR APR 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 𝑇𝑇𝑆𝑆𝐺 𝑇𝑇𝑅𝑆𝐺 shall be deemed to have the value of one. In such a situation the Train Operator shall provide Network Rail the CVL IM with evidence, either that the Train-Bus-Train Pattern resulting from the Network Rail CVL IM 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 the CVL IM within 28 days after the New Working Timetable is issued reflecting the relevant Network Rail CVL IM 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: www.orr.gov.uk

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: = ●( , )●●●● 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 shall be deemed to have the value of one. 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: www.orr.gov.uk

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: 𝑇𝑇𝑆𝑆𝐺 𝐴𝐴𝑃 = ●( • (𝐶𝑀 )●●●● 𝐴𝑃𝑃) • 𝐷𝑉 • 𝐴𝑃𝑅 • 𝐵𝐹 • 𝑁𝐹 𝑇𝑇𝑅𝑆𝐺 where: ANRP AAP is the additional Network Rail CVL IM 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, NRPPAPP, NRPR APR 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 𝑇𝑇𝑆𝑆𝘎 𝑇𝑇𝑅𝑆𝘎 shall be deemed to have the value of one. In such a situation the Train Operator shall provide Network Rail the CVL IM with evidence, either that the Train-Bus-Train Pattern resulting from the Network Rail CVL IM 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 the CVL IM within 28 days after the New Working Timetable is issued reflecting the relevant Network Rail CVL IM 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: www.orr.gov.uk

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: = ●( − )●●●● 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; 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, 0.125,‌ provided that if: TTRSG is less than TTSSG then shall be deemed to have the value of one. 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: www.orr.gov.uk

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: = ●( − )●●●● 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 shall be deemed to have the value of one. 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. Costs compensation for Network Rail Restrictions of Use Basis for calculations 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. Cost compensation formula The formula referred to in paragraph 4.1 is as follows: where: ∑ 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 £[●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. Estimated bus miles change mechanism Circumstances in which parties agree to amend Xxxxx X Either party may by notice to the other propose that Xxxxx B be amended in accordance with this paragraph 5.

Appears in 1 contract

Samples: www.orr.gov.uk

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 = ●( − )●●●TTSSG (CM - NRPP) ● DV ● NRPR ● BF ● NF TTRSG 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 TTSSG TTRSG shall be deemed to have the value of one. 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

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