Common use of Unexplained delays Attributable to the Train Operator Clause in Contracts

Unexplained delays Attributable to the Train Operator. If the cause of the delay to or cancellation of a Service which occurs off the CVL cannot be explained, the responsibility for such delay or cancellation shall be deemed to be Attributable to the Train Operator. The parties shall co-operate with each other by providing all such information to one another as is reasonably practicable regarding the identification of the incidents which cause delay to or cancellation of any Service or Third Party Train. Appendix 3 (Performance statements) shall have effect. For the purposes of this paragraph 4, the aggregate Minutes Delay to Third Party Trains Attributable to the Train Operator arising as a result of any one incident or event shall be capped as follows: where the Train Operator has elected to have no exposure above the Incident Cap in accordance with paragraph 11, any such minutes in excess of the Incident Cap shall be disregarded; or where the Train Operator has elected to have 30% exposure above the Incident Cap in accordance with paragraph 11, 70% of such minutes in excess of the Incident Cap shall be disregarded. Any Full Cancellation of a Third Party Train (other than an Empty Third Party Train) which is Attributable to the Train Operator shall equate to 30 Minutes Delay and any Part Cancellation of a Third Party Train (other than an Empty Third Party Train) which is Attributable to the Train Operator shall equate to 15 Minutes Delay.

Unexplained delays Attributable to the Train Operator. If the cause of the delay to or cancellation of a Combined Network Service which occurs off the CVL Combined Network cannot be explained, the responsibility for such delay or cancellation shall be deemed to be Attributable to the Train Operator. The parties shall co-operate with each other by providing all such information to one another as is reasonably practicable regarding the identification of the incidents which cause delay to or cancellation of any Combined Network Service or Third Party Train. Appendix 3 (Performance statements) shall have effect. For the purposes of this paragraph 4, the aggregate Minutes Delay to Third Party Trains Attributable to the Train Operator arising as a result of any one incident or event shall be capped as follows: where the Train Operator has elected to have no exposure above at the Incident Cap in accordance with paragraph 11Cap, so that any such minutes in excess of the Incident Cap shall be disregarded; or where the Train Operator has elected to have 30% exposure above the Incident Cap in accordance with paragraph 11, 70% of such minutes in excess of the Incident Cap shall be disregardeddisregard. Any Full Cancellation of a Third Party Train (other than an Empty Third Party Train) which is Attributable to the Train Operator shall equate to 30 Minutes Delay and any Part Cancellation of a Third Party Train (other than an Empty Third Party Train) which is Attributable to the Train Operator shall equate to 15 Minutes Delay.

Unexplained delays Attributable to the Train Operator. If the cause of the delay to or cancellation of a Combined Network Service which occurs off the CVL Combined Network cannot be explained, the responsibility for such delay or cancellation shall be deemed to be Attributable to the Train Operator. The parties shall co-operate with each other by providing all such information to one another as is reasonably practicable regarding the identification of the incidents which cause delay to or cancellation of any Combined Network Service or Third Party Train. Appendix 3 (Performance statements) shall have effect. For the purposes of this paragraph 4, the aggregate Minutes Delay to Third Party Trains Attributable to the Train Operator arising as a result of any one incident or event shall be capped as follows: where the Train Operator has elected to have no exposure above at the Incident Cap in accordance with paragraph 11Cap, so that any such minutes in excess of the Incident Cap shall be disregarded; or where the Train Operator has elected to have 30% exposure above the Incident Cap in accordance with paragraph 11, 70% of such minutes in excess of the Incident Cap shall be disregarded. Any Full Cancellation of a Third Party Train (other than an Empty Third Party Train) which is Attributable to the Train Operator shall equate to 30 Minutes Delay and any Part Cancellation of a Third Party Train (other than an Empty Third Party Train) which is Attributable to the Train Operator shall equate to 15 Minutes Delay.