Common use of Without prejudice to the Clause in Contracts

Without prejudice to the. other provisions of this contract, the provisions below shall apply when the Specified Equipment contained in a Train Operator Variation Request includes Steam Driven Equipment: (a) where it appears there may be a serious risk of fire if a Train Slot is operated using Steam Driven Equipment, Network Rail shall take all precautions that are reasonably practicable in assessing the weather forecasts received from the Meteorological Office or other like body and other reports referred to in paragraph (c) below and notify the Train Operator in accordance with paragraph (b); (b) if Network Rail considers that there may be a serious risk of fire if a Train Slot is operated using Steam Driven Equipment, it shall reasonably endeavour to give the Train Operator not less than 7 days' notice to that effect, provided that Network Rail shall have no liability to the Train Operator as a result of its failure to do so; (c) subject to paragraph (a) above and notwithstanding paragraph (b), on or at any time before noon on the third Working Day prior to the day on which a Service or the first of a series of Services is planned to be operated using Steam Driven Equipment (each an "Affected Train Service"), Network Rail may give notice ("Withdrawal Notice") to the Train Operator that, in view of one or more weather forecasts received by Network Rail from the Meteorological Office or other like body or one or more reports concerning fire risks received by Network Rail from any occupier of land adjacent to the routes over which the Affected Train Service is planned to operate: (i) Network Rail reasonably considers that there is a significant risk of fire if the Affected Train Service is operated using Steam Driven Equipment; (ii) accordingly, the permission granted to the Train Operator pursuant to this contract to operate the Affected Train Service using Steam Driven Equipment is withdrawn; and (iii) requesting the Train Operator to notify Network Rail on or before 15:00 hours on the second Working Day prior to the day on which the Affected Train Service is planned to operate whether it wishes to operate the Affected Train Service using Diesel or Electric Equipment, failing which each Affected Train Service shall be deemed to be cancelled but without either party having any liability to the other under this contract or otherwise in respect of such cancellation and the Working Timetable shall, where necessary, be amended accordingly;

Without prejudice to the. other provisions of this contract, the provisions below shall apply when the Specified Equipment contained in a Train Operator Variation Request includes Steam Driven Equipment: (a) where it appears there may be a serious risk of fire if a Train Slot is operated using Steam Driven Equipment, Network Rail the CVL IM shall take all precautions that are reasonably practicable in assessing the weather forecasts received from the Meteorological Office or other like body and other reports referred to in paragraph (c) below and notify the Train Operator in accordance with paragraph (b); (b) if Network Rail the CVL IM considers that there may be a serious risk of fire if a Train Slot is operated using Steam Driven Equipment, it shall reasonably endeavour to give the Train Operator not less than 7 days' notice to that effect, provided that Network Rail the CVL IM shall have no liability to the Train Operator as a result of its failure to do so; (c) subject to paragraph (a) above and notwithstanding paragraph (b), on or at any time before noon on the third Working Day prior to the day on which a Service or the first of a series of Services is planned to be operated using Steam Driven Equipment (each an "Affected Train Service"), Network Rail the CVL IM may give notice ("Withdrawal Notice") to the Train Operator that, in view of one or more weather forecasts received by Network Rail the CVL IM from the Meteorological Office or other like body or one or more reports concerning fire risks received by Network Rail the CVL IM from any occupier of land adjacent to the routes over which the Affected Train Service is planned to operate: (i) Network Rail the CVL IM reasonably considers that there is a significant risk of fire if the Affected Train Service is operated using Steam Driven Equipment; (ii) accordingly, the permission granted to the Train Operator pursuant to this contract to operate the Affected Train Service using Steam Driven Equipment is withdrawn; and (iii) requesting the Train Operator to notify Network Rail the CVL IM on or before 15:00 hours on the second Working Day prior to the day on which the Affected Train Service is planned to operate whether it wishes to operate the Affected Train Service using Diesel or Electric Equipment, failing which each Affected Train Service shall be deemed to be cancelled but without either party having any liability to the other under this contract or otherwise in respect of such cancellation and the Working Timetable shall, where necessary, be amended accordingly; (d) if the Train Operator notifies the CVL IM, in accordance with paragraph (c)(iii) that it wishes to operate the Affected Train Service using Diesel or Electric Equipment, such notification shall be treated as a Train Operator Variation Request accepted by the CVL IM, and the Working Timetable shall, where necessary, be amended accordingly; and (e) a Withdrawal Notice, which may be given by telephone or email (and if given by telephone shall be subsequently confirmed in writing by email), shall be given by the CVL IM to the representative of the Train Operator specified in Schedule 1.

Without prejudice to the. other provisions of this contract, the provisions below shall apply when the Specified Equipment contained in a Train Operator Variation Request includes Steam Driven Equipment: (a) where it appears there may be a serious risk of fire if a Train Slot is operated using Steam Driven Equipment, Network Rail the CVL IM shall take all precautions that are reasonably practicable in assessing the weather forecasts received from the Meteorological Office or other like body and other reports referred to in paragraph (c) below and notify the Train Operator in accordance with paragraph (b); (b) if Network Rail the CVL IM considers that there may be a serious risk of fire if a Train Slot is operated using Steam Driven Equipment, it shall reasonably endeavour to give the Train Operator not less than 7 days' notice to that effect, provided that Network Rail the CVL IM shall have no liability to the Train Operator as a result of its failure to do so; (c) subject to paragraph (a) above and notwithstanding paragraph (b), on or at any time before noon on the third Working Day prior to the day on which a Service or the first of a series of Services is planned to be operated using Steam Driven Equipment (each an "Affected Train Service"), Network Rail the CVL IM may give notice ("Withdrawal Notice") to the Train Operator that, in view of one or more weather forecasts received by Network Rail the CVL IM from the Meteorological Office or other like body or one or more reports concerning fire risks received by Network Rail the CVL IM from any occupier of land adjacent to the routes over which the Affected Train Service is planned to operate: (i) Network Rail the CVL IM reasonably considers that there is a significant risk of fire if the Affected Train Service is operated using Steam Driven Equipment; (ii) accordingly, the permission granted to the Train Operator pursuant to this contract to operate the Affected Train Service using Steam Driven Equipment is withdrawn; and (iii) requesting the Train Operator to notify Network Rail the CVL IM on or before 15:00 hours on the second Working Day prior to the day on which the Affected Train Service is planned to operate whether it wishes to operate the Affected Train Service using Diesel or Electric Equipment, failing which each Affected Train Service shall be deemed to be cancelled but without either party having any liability to the other under this contract or otherwise in respect of such cancellation and the Working Timetable shall, where necessary, be amended accordingly; (d) if the Train Operator notifies the CVL IM, in accordance with paragraph (c)(iii) that it wishes to operate the Affected Train Service using Diesel or Electric Equipment, such notification shall be treated as a Train Operator Variation Request accepted by the CVL IM, and the Working Timetable shall, where necessary, be amended accordingly; and