Common use of Train Operator performance against TOB Clause in Contracts

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.

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 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: = 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 the CVL IM 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 on the CVL in the relevant Charging Period; (b) if the Adjusted MDTO exceeds TOB, the Train Operator shall be liable to Network Rail the CVL IM 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.

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.