Train Operator performance against TOB Sample Clauses

Train Operator performance against TOB. In respect of each Charging Period:
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Train Operator performance against TOB. 4.2.1 In respect of each Charging Period: (a) the Minutes Delay to Third Party Trains which are Attributable to the Train Operator; and (b) that portion of Minutes Delay to Third Party Trains which are Attributable to both the Train Operator and Network Rail which is allocated to the Train Operator (the aggregate Minutes Delay under (a) and (b) being referred to as "MDTO"), in each case as adjusted in accordance with paragraph 4.1, shall be converted into a per 100 Train Operator Miles figure (the "Adjusted MDTO") using the formula below: = 100 4.2.2 The Adjusted MDTO calculated in accordance with paragraph 4.2.1 shall then be compared with the TOB and: (a) if the Adjusted MDTO is less than TOB, Network Rail shall be liable to the Train Operator for a Performance Sum equal to: (( − ℎ ) × ) × () where: CPCM means the total number of Contract Miles operated by the Train Operator in the relevant Charging Period; (b) if the Adjusted MDTO exceeds TOB, the Train Operator shall be liable to Network Rail for a Performance Sum equal to: ((ℎ − ) × × ()) (c) if the Adjusted MDTO is equal to TOB, neither party shall be liable to the other for a Performance Sum under this paragraph 4.2.
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Train Operator performance against TOB. In respect of each Charging Period: the Minutes Delay to Third Party Trains which are Attributable to the Train Operator; and that portion of Minutes Delay to Third Party Trains which are Attributable to both the Train Operator and the CVL IM which is allocated to the Train Operator (the aggregate Minutes Delay under ‎(a) and ‎(b) being referred to as "MDTO"), in each case as adjusted in accordance with paragraph 4.1, shall be converted into a per 100 Train Operator Miles figure (the "Adjusted MDTO") using the formula below: The Adjusted MDTO calculated in accordance with paragraph 4.2.1 shall then be compared with the TOB and: if the Adjusted MDTO is less than TOB, the CVL IM shall be liable to the Train Operator for a Performance Sum equal to: where: CPCM means the total number of Contract Miles operated by the Train Operator on the CVL in the relevant Charging Period; if the Adjusted MDTO exceeds TOB, the Train Operator shall be liable to the CVL IM for a Performance Sum equal to: where CPCM has the meaning ascribed to it in paragraph 4.2.2(a); and if the Adjusted MDTO is equal to TOB, neither party shall be liable to the other for a Performance Sum under this paragraph 4.2. If a Restriction of Use is cancelled or the commencement of a Restriction of Use is delayed, in either case for a reason Attributable to the Train Operator, then, in respect of the cancellation of or delay to such Restriction of Use, the Train Operator shall be liable to pay the CVL IM a sum equal to: in the case of a cancellation of a Restriction of Use, the Disruption Sum; or in the case of a delay to the commencement of a Restriction of Use, one quarter of the Disruption Sum multiplied by the number of hours by which the commencement is delayed, up to a maximum of 4 hours. For the purposes of this paragraph 5(b) part of an hour shall be treated as an entire hour.
Sample 1
Train Operator performance against TOB. 4.2.1 In respect of each Charging Period: (a) the Minutes Delay to Third Party Trains which are Attributable to the Train Operator; and (b) that portion of Minutes Delay to Third Party Trains which are Attributable to both the Train Operator and the CVL IM which is allocated to the Train Operator (the aggregate Minutes Delay under (a)(a) and (b)(b) being referred to as "MDTO"), in each case as adjusted in accordance with paragraph 4.1, shall be converted into a per 100 Train Operator Miles figure (the "Adjusted MDTO") using the formula below: 𝐴𝑑𝑗𝑢𝑠𝑡𝑒𝑑 𝑀𝐷𝑇𝑂 = 𝑀𝐷𝑇𝑂 100 𝑇𝑟𝑎𝑖𝑛 𝑂𝑝𝑒𝑟𝑎𝑡𝑜𝑟 𝑀𝑖𝑙𝑒𝑠 4.2.2 The Adjusted MDTO calculated in accordance with paragraph 4.2.1 shall then be compared with the TOB and: (a) if the Adjusted MDTO is less than TOB, the CVL IM shall be liable to the Train Operator for a Performance Sum equal to: ((𝑇𝑂𝐵 − 𝑡ℎ𝑒 𝐴𝑑𝑗𝑢𝑠𝑡𝑒𝑑 𝑀𝐷𝑇𝑂) × 𝑇𝑟𝑎𝑖𝑛 𝑂𝑝𝑒𝑟𝑎𝑡𝑜𝑟 𝑃𝑎𝑦𝑚𝑒��𝑡 𝑅𝑎𝑡𝑒) × (𝐶𝑃𝐶𝑀) where: CPCM means the total number of Contract Miles operated by the Train Operator on the CVL in the relevant Charging Period; (b) if the Adjusted MDTO exceeds TOB, the Train Operator shall be liable to the CVL IM for a Performance Sum equal to: ((𝑡ℎ𝑒 𝐴𝑑𝑗𝑢𝑠𝑡𝑒𝑑 𝑀𝐷��𝑂 − 𝑇𝑂𝐵) × 𝑇��𝑎𝑖𝑛 𝑂𝑝𝑒𝑟𝑎𝑡𝑜𝑟 𝑃𝑎𝑦𝑚𝑒𝑛𝑡 𝑅𝑎𝑡𝑒 × (𝐶𝑃𝐶𝑀)) (c) if the Adjusted MDTO is equal to TOB, neither party shall be liable to the other for a Performance Sum under this paragraph 4.2.
Sample 1
Train Operator performance against TOB. 4.2.1 In respect of each Charging Period: (a) the Minutes Delay to Third Party Trains which are Attributable to the Train Operator; and (b) that portion of Minutes Delay to Third Party Trains which are Attributable to both the Train Operator and Network Rail which is allocated to the Train Operator (the aggregate Minutes Delay under (a) and (b) being referred to as "MDTO"), in each case as adjusted in accordance with paragraph 4.1, shall be converted into a per 100 Train Operator Miles figure (the "Adjusted MDTO") using the formula below: 𝐴𝑑𝑔𝑔𝑢𝑠𝑡𝑒𝑑 𝑀𝑇𝑂 = 4.2.2 The Adjusted MDTO calculated in accordance with paragraph 4.2.1 shall then be compared with the TOB and: (a) if the Adjusted MDTO is less than TOB, Network Rail shall be liable to the Train Operator for a Performance Sum equal to:
Sample 1
Train Operator performance against TOB. 4.2.1 In respect of each Charging Period: (a) the Minutes Delay to Third Party Trains which are Attributable to the Train Operator; and (b) that portion of Minutes Delay to Third Party Trains which are Attributable to both the Train Operator and Network Rail which is allocated to the Train Operator (the aggregate Minutes Delay under (a) and (b) being referred to as "MDTO"), in each case as adjusted in accordance with paragraph 4.1, shall be converted into a per 100 Train Operator Miles figure (the "Adjusted MDTO") using the formula below: = 4.2.2 The Adjusted MDTO calculated in accordance with paragraph 4.2.1 shall then be compared with the TOB and: (a) if the Adjusted MDTO is less than TOB, Network Rail shall be liable to the Train Operator for a Performance Sum equal to: ൫( − ℎ ) × ൯ × ቀ஼௉஼ெቁ where: CPCM means the total number of Contract Miles operated by the Train Operator in the relevant Charging Period; (b) if the Adjusted MDTO exceeds TOB, the Train Operator shall be liable to Network Rail for a Performance Sum equal to: ൬(ℎ − ) × × ቀ஼௉஼ெቁ൰ where CPCM has the meaning ascribed to it in paragraph 4.2.2(a); and (c) if the Adjusted MDTO is equal to TOB, neither party shall be liable to the other for a Performance Sum under this paragraph 4.2.
Sample 1
Train Operator performance against TOB. 4.2.1 In respect of each Charging Period: (a) the Minutes Delay to Third Party Trains which are Attributable to the Train Operator; and (b) that portion of Minutes Delay to Third Party Trains which are Attributable to both the Train Operator and Network Rail which is allocated to the Train Operator (the aggregate Minutes Delay under (a) and (b) being referred to as "MDTO"), in each case as adjusted in accordance with paragraph 4.1, shall be converted into a per 100 Train Operator Miles figure (the "Adjusted MDTO") using the formula below: ܣ݆݀ݑݏݐ݁݀ ܯܱܶ ൌ 4.2.2 The Adjusted MDTO calculated in accordance with paragraph 4.2.1 shall then be compared with the TOB and: (a) if the Adjusted MDTO is less than TOB, Network Rail shall be liable to the Train Operator for a Performance Sum equal to: ൫ሺܱܶܤ െ ݐ݄݁ ܣ݆݀ݑݏݐ݁݀ ܯܦܱܶሻ ൈ ܶݎܽ݅݊ ܱ݌݁ݎܽݐ݋ݎ ܲܽݕ݉݁݊ݐ ܴܽݐ݁൯ ൈ ቀ஼௉஼ெቁ where: CPCM means the total number of Contract Miles operated by the Train Operator in the relevant Charging Period; (b) if the Adjusted MDTO exceeds TOB, the Train Operator shall be liable to Network Rail for a Performance Sum equal to: ൬ሺݐ݄݁ ܣ݆݀ݑݏݐ݁݀ ܯܦܱܶ െ ܱܶܤሻ ൈ ܶݎܽ݅݊ ܱ݌݁ݎܽݐ݋ݎ ܲܽݕ݉݁݊ݐ ܴܽݐ݁ ൈ ቀ஼௉஼ெቁ൰ (c) if the Adjusted MDTO is equal to TOB, neither party shall be liable to the other for a Performance Sum under this paragraph 4.2.
Sample 1
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