Common use of Variable Charges Clause in Contracts

Variable Charges. The Variable Charge in respect of each Service in each Charging Period shall be calculated in accordance with the following formula: Variable Charge = 1 + 2 + 3 + 4 + 5 + 6 + 7 + 8 + 9 where: means, in respect of each locomotive, the VUC Rate , expressed in pounds sterling per 1000 Gross Tonne Mile and rounded to four decimal places, for the relevant locomotive type multiplied by the kgtm for that locomotive type relating to the relevant Service; means, in respect of each empty wagon, the VUC Rate, expressed in pounds sterling per 1000 Gross Tonne Mile and rounded to four decimal places, for the relevant empty wagon type multiplied by the kgtm for that empty wagon type relating to the relevant Service; means, in respect of each loaded wagon, the VUC Rate, expressed in pounds sterling per 1000 Gross Tonne Mile and rounded to four decimal places, for the relevant loaded wagon type multiplied by the kgtm for that loaded wagon type relating to the relevant Service; means, in respect of each unit of coaching stock, the VUC Rate, expressed in pounds sterling per 1000 Gross Tonne Mile and rounded to four decimal places, for the relevant coaching stock type multiplied by the kgtm for that coaching stock type relating to the relevant Service; has a value of zero; has a value of zero; has a value of zero; means, in respect of each ESI Coal Vehicle, ESI Biomass Vehicle, IO Vehicle and each SNF Vehicle, the Freight Specific Charge Rate, expressed in pounds sterling per 1000 Gross Tonne Mile and rounded to four decimal places, for that ESI Coal Vehicle, ESI Biomass Vehicle, IO Vehicle or SNF Vehicle (as the case may be) multiplied by the kgtm for that ESI Coal Vehicle, ESI Biomass Vehicle, IO Vehicle or SNF Vehicle (as the case may be) relating to the relevant Service; and means, in respect of New Registered Equipment during the VUC Default Period, the VUC Default Rate, expressed in pounds sterling per 1000 Gross Tonne Mile and rounded to four decimal places, multiplied by the kgtm for that New Registered Equipment relating to the relevant Service. Bilateral supplements to the Track Usage Price List and Traction Electricity Modelled Consumption Rates List Where the Train Operator intends to use New Registered Equipment on the Network, it shall where reasonably practicable inform Network Rail in writing of the date or likely date from which it intends to do so. No supplement to the Traction Electricity Modelled Consumption Rates List or Track Usage Price List shall have effect unless it has been: agreed between the parties and XXX has consented to it; or

Variable Charges. The Variable Charge in respect of each Service in each Charging Period shall be calculated in accordance with the following formula: Variable Charge = 1 + 2 + 3 + 4 + 5 + 6 + 7 + 8 + 9 where: means, in respect of each locomotive, the VUC Rate , expressed in pounds sterling per 1000 Gross Tonne Mile and rounded to four decimal places, for the relevant locomotive type multiplied by the kgtm for that locomotive type relating to the relevant Service; 2 means, in respect of each empty wagon, the VUC Rate, expressed in pounds sterling per 1000 Gross Tonne Mile and rounded to four decimal places, for the relevant empty wagon type multiplied by the kgtm for that empty wagon type relating to the relevant Service; 3 means, in respect of each loaded wagon, the VUC Rate, expressed in pounds sterling per 1000 Gross Tonne Mile and rounded to four decimal places, for the relevant loaded wagon type multiplied by the kgtm for that loaded wagon type relating to the relevant Service; 4 means, in respect of each unit of coaching stock, the VUC Rate, expressed in pounds sterling per 1000 Gross Tonne Mile and rounded to four decimal places, for the relevant coaching stock type multiplied by the kgtm for that coaching stock type relating to the relevant Service; 5 has a value of zero; 6 has a value of zero; 7 has a value of zero; 8 means, in respect of each ESI Coal Vehicle, ESI Biomass Vehicle, IO Vehicle and each SNF Vehicle, the Freight Specific Charge Rate, expressed in pounds sterling per 1000 Gross Tonne Mile and rounded to four decimal places, for that ESI Coal Vehicle, ESI Biomass Vehicle, IO Vehicle or SNF Vehicle (as the case may be) multiplied by the kgtm for that ESI Coal Vehicle, ESI Biomass Vehicle, IO Vehicle or SNF Vehicle (as the case may be) relating to the relevant Service; and means, in respect of New Registered Equipment during the VUC Default Period, the VUC Default Rate, expressed in pounds sterling per 1000 Gross Tonne Mile and rounded to four decimal places, multiplied by the kgtm for that New Registered Equipment relating to the relevant Service. Bilateral supplements to the Track Usage Price List and Traction Electricity Modelled Consumption Rates List Where the Train Operator intends to use New Registered Equipment on the Network, it shall where reasonably practicable inform Network Rail in writing of the date or likely date from which it intends to do so. No supplement to the Traction Electricity Modelled Consumption Rates List or Track Usage Price List shall have effect unless it has been: agreed between the parties and XXX has consented to it; oror determined by XXX. Either the Train Operator or Network Rail shall be entitled to propose that the Track Usage Price List be supplemented as necessary to include a new vehicle type and corresponding rate. Any proposal of a kind referred to in paragraph 2.2.4 shall be made by notice to the other party and shall be accompanied by a specification of the proposal in reasonable detail and the reasons for it. The parties shall thereafter seek to agree in good faith the necessary supplement to the list in question. Either party may request from the other such information that it reasonably requires in connection with the proposal and the party from whom the information was requested shall use reasonable endeavours to provide this information promptly. Where the parties agree to a supplement following a proposal under paragraph 2.2.4, they shall request XXX’x consent to it and provide such information as XXX reasonably requires in order to decide whether to give its consent. If the parties fail to reach agreement within 45 days of the date of the notice given under paragraph 2.2.5, at any point thereafter either party shall be entitled to refer the matter to XXX for determination. Following a reference to XXX under paragraph 2.2.8, the parties shall, within such timescales as XXX may reasonably specify, furnish XXX with such information and evidence as XXX shall reasonably require to determine the matter. If a party fails to furnish such information and evidence within the specified timescale, XXX shall be entitled to determine the matter without that information and evidence and the party in default shall have no grounds for complaint in that respect. XXX may: consent to any supplement that is agreed by the parties and submitted to it under paragraph 2.2.7, or following consultation with the parties, determine that a different supplement should apply; or following a referral to XXX under paragraph 2.2.8, determine the supplement that should apply. Not used The supplement shall have retrospective effect from the first day of the VUC Default Period.

Variable Charges. The Variable Charge in respect of each Service in each Charging Period shall be calculated in accordance with the following formula: Variable Charge = 1 + 2 + 3 + 4 + 5 + 6 + 7 + 8 + 9 where: means, in respect of each locomotive, the VUC Rate , expressed in pounds sterling per 1000 Gross Tonne Mile and rounded to four decimal places, for the relevant locomotive type multiplied by the kgtm for that locomotive type relating to the relevant Service; means, in respect of each empty wagon, the VUC Rate, expressed in pounds sterling per 1000 Gross Tonne Mile and rounded to four decimal places, for the relevant empty wagon type multiplied by the kgtm for that empty wagon type relating to the relevant Service; means, in respect of each loaded wagon, the VUC Rate, expressed in pounds sterling per 1000 Gross Tonne Mile and rounded to four decimal places, for the relevant loaded wagon type multiplied by the kgtm for that loaded wagon type relating to the relevant Service; means, in respect of each unit of coaching stock, the VUC Rate, expressed in pounds sterling per 1000 Gross Tonne Mile and rounded to four decimal places, for the relevant coaching stock type multiplied by the kgtm for that coaching stock type relating to the relevant Service; has a value of zero; has a value of zero; has a value of zero; means, in respect of each ESI Coal Vehicle, ESI Biomass Vehicle, IO Vehicle and each SNF Vehicle, the Freight Specific Charge Rate, expressed in pounds sterling per 1000 Gross Tonne Mile and rounded to four decimal places, for that ESI Coal Vehicle, ESI Biomass Vehicle, IO Vehicle or SNF Vehicle (as the case may be) multiplied by the kgtm for that ESI Coal Vehicle, ESI Biomass Vehicle, IO Vehicle or SNF Vehicle (as the case may be) relating to the relevant Service; and means, in respect of New Registered Equipment during the VUC Default Period, the VUC Default Rate, expressed in pounds sterling per 1000 Gross Tonne Mile and rounded to four decimal places, multiplied by the kgtm for that New Registered Equipment relating to the relevant Service. Bilateral supplements to the Track Usage Price List and Traction Electricity Modelled Consumption Rates List Where the Train Operator intends to use New Registered Equipment on the Network, it shall where reasonably practicable inform Network Rail in writing of the date or likely date from which it intends to do so. No supplement to the Traction Electricity Modelled Consumption Rates List or Track Usage Price List shall have effect unless it has been: agreed between the parties and XXX has consented to it; oror determined by XXX. Either the Train Operator or Network Rail shall be entitled to propose that: the Traction Electricity Modelled Consumption Rates List be supplemented as necessary to include a new train category and corresponding rate; or the Track Usage Price List be supplemented as necessary to include a new vehicle type and corresponding rate. Any proposal of a kind referred to in paragraph 2.2.4 shall be made by notice to the other party and shall be accompanied by a specification of the proposal in reasonable detail and the reasons for it. The parties shall thereafter seek to agree in good faith the necessary supplement to the list in question. Either party may request from the other such information that it reasonably requires in connection with the proposal and the party from whom the information was requested shall use reasonable endeavours to provide this information promptly. Where the parties agree to a supplement following a proposal under paragraph 2.2.4, they shall request XXX'x consent to it and provide such information as XXX reasonably requires in order to decide whether to give its consent. If the parties fail to reach agreement within 45 days of the date of the notice given under paragraph 2.2.5, at any point thereafter either party shall be entitled to refer the matter to XXX for determination. Following a reference to XXX under paragraph 2.2.8, the parties shall, within such timescales as XXX may reasonably specify, furnish XXX with such information and evidence as XXX shall reasonably require to determine the matter. If a party fails to furnish such information and evidence within the specified timescale, XXX shall be entitled to determine the matter without that information and evidence and the party in default shall have no grounds for complaint in that respect. XXX may: consent to any supplement that is agreed by the parties and submitted to it under paragraph 2.2.7, or following consultation with the parties, determine that a different supplement should apply; or following a referral to XXX under paragraph 2.2.8, determine the supplement that should apply. In the case of a supplement to the Traction Electricity Modelled Consumption Rates List, the supplement shall have effect from such date as XXX shall determine by notice to the parties, provided that such date shall not be a date falling prior to the start of the Relevant Year in which XXX consented to or determined the supplement. In the case of a supplement to the Track Usage Price List, the supplement shall have retrospective effect from the first day of the VUC Default Period.

Variable Charges. The Variable Charge in respect of each Service in each Charging Period shall be calculated in accordance with the following formula: Variable Charge = 1 + 2 + 3 + 4 + 5 + 6 + 7 + 8 + 9 where: means, in respect of each locomotive, the VUC Rate , expressed in pounds sterling per 1000 Gross Tonne Mile and rounded to four decimal places, for the relevant locomotive type multiplied by the kgtm for that locomotive type relating to the relevant Service; 2 means, in respect of each empty wagon, the VUC Rate, expressed in pounds sterling per 1000 Gross Tonne Mile and rounded to four decimal places, for the relevant empty wagon type multiplied by the kgtm for that empty wagon type relating to the relevant Service; 3 means, in respect of each loaded wagon, the VUC Rate, expressed in pounds sterling per 1000 Gross Tonne Mile and rounded to four decimal places, for the relevant loaded wagon type multiplied by the kgtm for that loaded wagon type relating to the relevant Service; 4 means, in respect of each unit of coaching stock, the VUC Rate, expressed in pounds sterling per 1000 Gross Tonne Mile and rounded to four decimal places, for the relevant coaching stock type multiplied by the kgtm for that coaching stock type relating to the relevant Service; 5 has a value of zero; 6 has a value of zero; 7 has a value of zero; 8 means, in respect of each ESI Coal Vehicle, ESI Biomass Vehicle, IO Vehicle and each SNF Vehicle, the Freight Specific Charge Rate, expressed in pounds sterling per 1000 Gross Tonne Mile and rounded to four decimal places, for that ESI Coal Vehicle, ESI Biomass Vehicle, IO Vehicle or SNF Vehicle (as the case may be) multiplied by the kgtm for that ESI Coal Vehicle, ESI Biomass Vehicle, IO Vehicle or SNF Vehicle (as the case may be) relating to the relevant Service; and means, in respect of New Registered Equipment during the VUC Default Period, the VUC Default Rate, expressed in pounds sterling per 1000 Gross Tonne Mile and rounded to four decimal places, multiplied by the kgtm for that New Registered Equipment relating to the relevant Service. Bilateral supplements to the Track Usage Price List and Traction Electricity Modelled Consumption Rates List Where the Train Operator intends to use New Registered Equipment on the Network, it shall where reasonably practicable inform Network Rail in writing of the date or likely date from which it intends to do so. No supplement to the Traction Electricity Modelled Consumption Rates List or Track Usage Price List shall have effect unless it has been: agreed between the parties and XXX has consented to it; or

Variable Charges. The Variable Charge in respect of each Service in each Charging Period shall be calculated in accordance with the following formula: Variable Charge = 1 + 2 + 3 + 4 + 5 + 6 + 7 + 8 + 9 where: means, in respect of each locomotive, the VUC Rate , expressed in pounds sterling per 1000 Gross Tonne Mile and rounded to four decimal places, for the relevant locomotive type multiplied by the kgtm for that locomotive type relating to the relevant Service; 2 means, in respect of each empty wagon, the VUC Rate, expressed in pounds sterling per 1000 Gross Tonne Mile and rounded to four decimal places, for the relevant empty wagon type multiplied by the kgtm for that empty wagon type relating to the relevant Service; 3 means, in respect of each loaded wagon, the VUC Rate, expressed in pounds sterling per 1000 Gross Tonne Mile and rounded to four decimal places, for the relevant loaded wagon type multiplied by the kgtm for that loaded wagon type relating to the relevant Service; 4 means, in respect of each unit of coaching stock, the VUC Rate, expressed in pounds sterling per 1000 Gross Tonne Mile and rounded to four decimal places, for the relevant coaching stock type multiplied by the kgtm for that coaching stock type relating to the relevant Service; 5 has a value of zero; 6 has a value of zero; 7 has a value of zero; 8 means, in respect of each ESI Coal Vehicle, ESI Biomass Vehicle, IO Vehicle and each SNF Vehicle, the Freight Specific Charge Rate, expressed in pounds sterling per 1000 Gross Tonne Mile and rounded to four decimal places, for that ESI Coal Vehicle, ESI Biomass Vehicle, IO Vehicle or SNF Vehicle (as the case may be) multiplied by the kgtm for that ESI Coal Vehicle, ESI Biomass Vehicle, IO Vehicle or SNF Vehicle (as the case may be) relating to the relevant Service; and means, in respect of New Registered Equipment during the VUC Default Period, the VUC Default Rate, expressed in pounds sterling per 1000 Gross Tonne Mile and rounded to four decimal places, multiplied by the kgtm for that New Registered Equipment relating to the relevant Service. Bilateral supplements to the Track Usage Price List and Traction Electricity Modelled Consumption Rates List Where the Train Operator intends to use New Registered Equipment on the Network, it shall where reasonably practicable inform Network Rail in writing of the date or likely date from which it intends to do so. No supplement to the Traction Electricity Modelled Consumption Rates List or Track Usage Price List shall have effect unless it has been: agreed between the parties and XXX has consented to it; oror determined by XXX. Either the Train Operator or Network Rail shall be entitled to propose that: the Traction Electricity Modelled Consumption Rates List be supplemented as necessary to include a new train category and corresponding rate; or the Track Usage Price List be supplemented as necessary to include a new vehicle type and corresponding rate. Any proposal of a kind referred to in paragraph 2.2.4 shall be made by notice to the other party and shall be accompanied by a specification of the proposal in reasonable detail and the reasons for it. The parties shall thereafter seek to agree in good faith the necessary supplement to the list in question. Either party may request from the other such information that it reasonably requires in connection with the proposal and the party from whom the information was requested shall use reasonable endeavours to provide this information promptly. Where the parties agree to a supplement following a proposal under paragraph 2.2.4, they shall request XXX’x consent to it and provide such information as XXX reasonably requires in order to decide whether to give its consent. If the parties fail to reach agreement within 45 days of the date of the notice given under paragraph 2.2.5, at any point thereafter either party shall be entitled to refer the matter to XXX for determination. Following a reference to XXX under paragraph 2.2.8, the parties shall, within such timescales as XXX may reasonably specify, furnish XXX with such information and evidence as XXX shall reasonably require to determine the matter. If a party fails to furnish such information and evidence within the specified timescale, XXX shall be entitled to determine the matter without that information and evidence and the party in default shall have no grounds for complaint in that respect. XXX may: consent to any supplement that is agreed by the parties and submitted to it under paragraph 2.2.7, or following consultation with the parties, determine that a different supplement should apply; or following a referral to XXX under paragraph 2.2.8, determine the supplement that should apply. In the case of a supplement to the Traction Electricity Modelled Consumption Rates List, the supplement shall have effect from such date as XXX shall determine by notice to the parties, provided that such date shall not be a date falling prior to the start of the Relevant Year in which XXX consented to or determined the supplement. In the case of a supplement to the Track Usage Price List, the supplement shall have retrospective effect from the first day of the VUC Default Period. Following XXX’x consent or determination under paragraph 2.2.10 Network Rail shall: apply the supplement from the date in accordance with paragraph 2.2.11 or 2.2.12 above as applicable; and within 28 days of the date of XXX’x consent or determination: issue any adjusting invoice or credit note to the Train Operator. In the case of a supplement to the Track Usage Price List, this will reflect the difference between: the total amount paid by the Train Operator during the VUC Default Period under item ‘9’ of the formula in paragraph 2.2.1; and the amount the Train Operator would have paid during this period under items ‘1’ to ‘4’ of the formula in paragraph 2.2.1 had the supplement been in place when the Train Operator first used the relevant railway vehicle on the Network; and publish on its website details of the supplement alongside the details of any other such supplements to which XXX has consented or determined pursuant to this or any other track access contract to which Network Rail is a party. Any supplement to the Traction Electricity Modelled Consumption Rates List or Track Usage Price List XXX has consented to or determined pursuant to a freight track access contract previously held by the Train Operator shall also apply to this contract.

Variable Charges. The Variable Charge in respect of each Service in each Charging Period shall be calculated in accordance with the following formula: Variable Charge = 1 + 2 + 3 + 4 + 5 + 6 + 7 + 8 + 9 where: means, in respect of each locomotive, the VUC Rate , expressed in pounds sterling per 1000 Gross Tonne Mile and rounded to four decimal places, for the relevant locomotive type multiplied by the kgtm for that locomotive type relating to the relevant Service; means, in respect of each empty wagon, the VUC Rate, expressed in pounds sterling per 1000 Gross Tonne Mile and rounded to four decimal places, for the relevant empty wagon type multiplied by the kgtm for that empty wagon type relating to the relevant Service; means, in respect of each loaded wagon, the VUC Rate, expressed in pounds sterling per 1000 Gross Tonne Mile and rounded to four decimal places, for the relevant loaded wagon type multiplied by the kgtm for that loaded wagon type relating to the relevant Service; means, in respect of each unit of coaching stock, the VUC Rate, expressed in pounds sterling per 1000 Gross Tonne Mile and rounded to four decimal places, for the relevant coaching stock type multiplied by the kgtm for that coaching stock type relating to the relevant Service; has a value of zero; has a value of zero; has a value of zero; means, in respect of each ESI Coal Vehicle, ESI Biomass Vehicle, IO Vehicle and each SNF Vehicle, the Freight Specific Charge Rate, expressed in pounds sterling per 1000 Gross Tonne Mile and rounded to four decimal places, for that ESI Coal Vehicle, ESI Biomass Vehicle, IO Vehicle or SNF Vehicle (as the case may be) multiplied by the kgtm for that ESI Coal Vehicle, ESI Biomass Vehicle, IO Vehicle or SNF Vehicle (as the case may be) relating to the relevant Service; and means, in respect of New Registered Equipment during the VUC Default Period, the VUC Default Rate, expressed in pounds sterling per 1000 Gross Tonne Mile and rounded to four decimal places, multiplied by the kgtm for that New Registered Equipment relating to the relevant Service. Bilateral supplements to the Track Usage Price List and Traction Electricity Modelled Consumption Rates List Where the Train Operator intends to use New Registered Equipment on the Network, it shall where reasonably practicable inform Network Rail in writing of the date or likely date from which it intends to do so. No supplement to the Traction Electricity Modelled Consumption Rates List or Track Usage Price List shall have effect unless it has been: agreed between the parties and XXX has consented to it; or

Variable Charges. 2.2.1 The Variable Charge in respect of each Service in each Charging Period shall be calculated in accordance with the following formula: Variable Charge = 1 + 2 + 3 + 4 + 5 + 6 + 7 + 8 + 9 ඀අඖඍඅආඐඉ ൭ඌඅඖඋඉ ඔ ර ඍ ඼ ඍ ල ඍ ඾ ඍ ඿ ඍ ව ඍ ශ ඍ ෂ ඍ ස where: 1 means, in respect of each locomotive, the VUC Rate Rate, expressed in pounds sterling per 1000 Gross Tonne Mile and rounded to four decimal places, for the relevant locomotive type multiplied by the kgtm for that locomotive type relating to the relevant Service; 2 means, in respect of each empty wagon, the VUC Rate, expressed in pounds sterling per 1000 Gross Tonne Mile and rounded to four decimal places, for the relevant empty wagon type multiplied by the kgtm for that empty wagon type relating to the relevant Service; 3 means, in respect of each loaded wagon, the VUC Rate, expressed in pounds sterling per 1000 Gross Tonne Mile and rounded to four decimal places, for the relevant loaded wagon type multiplied by the kgtm for that loaded wagon type relating to the relevant Service; 4 means, in respect of each unit of coaching stock, the VUC Rate, expressed in pounds sterling per 1000 Gross Tonne Mile and rounded to four decimal places, for the relevant coaching stock type multiplied by the kgtm for that coaching stock type relating to the relevant Service; 5 has a value of zero; 6 has a value of zero; 7 has a value of zero; zero;‌‌ 8 means, in respect of each ESI Coal Vehicle, ESI Biomass Vehicle, IO Vehicle and each SNF Vehicle, the Freight Specific Charge Rate, expressed in pounds sterling per 1000 Gross Tonne Mile and rounded to four decimal places, for that ESI Coal Vehicle, ESI Biomass Vehicle, IO Vehicle or SNF Vehicle (as the case may be) multiplied by the kgtm for that ESI Coal Vehicle, ESI Biomass Vehicle, IO Vehicle or SNF Vehicle (as the case may be) relating to the relevant Service; and means, in respect of New Registered Equipment during the VUC Default Period, the VUC Default Rate, expressed in pounds sterling per 1000 Gross Tonne Mile and rounded to four decimal places, multiplied by the kgtm for that New Registered Equipment relating to the relevant Service. Bilateral supplements to the Track Usage Price List and Traction Electricity Modelled Consumption Rates List Where the Train Operator intends to use New Registered Equipment on the Network, it shall where reasonably practicable inform Network Rail in writing of the date or likely date from which it intends to do so. No supplement to the Traction Electricity Modelled Consumption Rates List or Track Usage Price List shall have effect unless it has been: agreed between the parties and XXX has consented to it; orList