Common use of Where a Sustained Planned Disruption Clause in Contracts

Where a Sustained Planned Disruption. applies due to a circumstance which it is agreed or determined affects a part only of the Train Operator’s services (including whether by reference to geographic location or Service Group), then in agreeing or determining the RoU Liability in respect of that SPD the RoU Liability in respect of the part of the Train Operator’s services not affected by that circumstance shall (unless otherwise proven) be presumed to be equal to the payments made under paragraphs 3 and 4 of this Schedule 4 in respect of those other services.

Appears in 39 contracts

Samples: Track Access Contract (Passenger Services), Track Access Contract (Passenger Services), Track Access Contract (Passenger Services)

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Where a Sustained Planned Disruption. applies due to a circumstance which it is agreed or determined affects a part only of the Train Operator’s 's services (including whether by reference to geographic location or Service Group), then in agreeing or determining the RoU Liability in respect of that SPD the RoU Liability in respect of the part of the Train Operator’s 's services not affected by that circumstance shall (unless otherwise proven) be presumed to be equal to the payments made under paragraphs 3 and 4 of this Schedule 4 in respect of those other services.

Appears in 10 contracts

Samples: Track Access Contract, Track Access Contract, Track Access Contract

Where a Sustained Planned Disruption. applies due to a circumstance which it is agreed or determined affects a part only of the Train Operator’s Operator‟s services (including whether by reference to geographic location or Service Group), then in agreeing or determining the RoU Liability in respect of that SPD the RoU Liability in respect of the part of the Train Operator’s Operator‟s services not affected by that circumstance shall (unless otherwise proven) be presumed to be equal to the payments made under paragraphs 3 and 4 of this Schedule 4 in respect of those other services.

Appears in 2 contracts

Samples: Track Access Contract (Passenger Services), Track Access Contract (Passenger Services)

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Where a Sustained Planned Disruption. applies due to a circumstance which it is agreed or determined affects a part only of the Train Operator’s services (including whether by reference to geographic location or Service Group), then in agreeing or determining the RoU Liability in respect of that SPD the RoU Liability in respect of the part of the Train Operator’s services not affected by that circumstance shall (unless otherwise proven) be presumed to be equal to the payments made under paragraphs 3 and 4 of this Schedule 4 in respect of those other services.services.‌‌‌‌‌

Appears in 1 contract

Samples: Track Access Contract

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