Attributable to the Train Operator definition

Attributable to the Train Operator means: in respect of any delay to or cancellation of a Combined Network Service, any such delay or cancellation arising as a result of: any acts or omissions of the Train Operator’s staff or its agents, contractors or sub-contractors; any Train Operator Omission; any failure or defect in the Specified Equipment (with the exception of those failures, defects or miscommunications contemplated in sub-paragraph (e) of the definition of "Attributable to Network Rail") relating to a Combined Network Service (including where Network Rail or the CVL IM (as the case may be) shall have refused to permit the Combined Network Service to move over the Network or the CVL Network because the contents of the railway wagons have escaped, or there is pollution arising from the operation of such railway wagons); any improperly loaded railway wagons which form the whole or part of any Combined Network Service; any Combined Network Service not being promptly accepted off the Combined Network at a Destination or Intermediate Point for reasons not caused by: Network Rail (in its capacity as operator of the Network), its agents, contractors or sub-contractors (acting as agent, contractor or sub-contractor for Network Rail in its capacity as operator of the Network) (other than the Train Operator); or the CVL IM (in its capacity as operator of the CVL Network), its agents, contractors or sub-contractors (acting as agent, contractor or sub-contractor for the CVL IM in its capacity as operator of the CVL Network) (other than the Train Operator); any failures or delays arising off the Combined Network, other than those which are caused by: Network Rail (in its capacity as operator of the Network), its agents, contractors or sub-contractors (acting as agent, contractor or sub-contractor for Network Rail in its capacity as operator of the Network) (other than the Train Operator); or the CVL IM (in its capacity as operator of the CVL Network), its agents, contractors or sub-contractors (acting as agent, contractor or sub-contractor for the CVL IM in its capacity as operator of the CVL Network) (other than the Train Operator); or that portion of any such delay to or cancellation of a Combined Network Service that would otherwise be Attributable to both the Train Operator and Network Rail, but which the parties agree or it is otherwise determined is Attributable to the Train Operator; in respect of any delay to or cancellation of a Third Party Train, or of a Combined Network Restriction o...

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Attributable to the Train Operator means any Delay or Cancellation arising as a result of:

Attributable to the Train Operator in respect of any incident, means responsibility for that incident which has been, or would be, allocated to the Train Operator in accordance with the terms of Schedule 8;

Examples of Attributable to the Train Operator in a sentence

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.
If the cause of the delay to or cancellation of a Service which occurs off the Network cannot be explained, the responsibility for such delay or cancellation shall be deemed to be Attributable to the Train Operator.
If the cause of the delay to or cancellation of a Combined Network Service which occurs off the Combined Network cannot be explained, the responsibility for such delay or cancellation shall be deemed to be Attributable to the Train Operator.
If a Cancellation is Attributable to the Train Operator the Train Operator shall pay to Network Rail the sum calculated in accordance with paragraph 4.2 and Appendix 1 of this Schedule for each minute of Delay.
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 at the Incident Cap, so that any such minutes in excess of the Incident Cap shall be disregarded.
Attributing delays Network Rail shall, using the information recorded under paragraph 2.1, identify whether each minute of delay included in Minutes Delay in respect of a Combined Network Service or Third Party Train is: Attributable to the Train Operator; Attributable to Network Rail; or Attributable to both the Train Operator and Network Rail.
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.
If a Delay is Attributable to the Train Operator the Train Operator shall pay to Network Rail the sum calculated in accordance with Appendix 1 of this Schedule for each minute of Delay.
If the cause of the delay to or cancellation of a Service which occurs off the Metro Shared Network cannot be explained, the responsibility for such delay or cancellation shall be deemed to be Attributable to the Train Operator (MSN).
Network Rail shall, using the information recorded under paragraph 2.1, identify whether each minute of delay included in Minutes Delay in respect of a Combined Network Service or Third Party Train is: Attributable to the Train Operator; Attributable to Network Rail; or Attributable to both the Train Operator and Network Rail.

More Definitions of Attributable to the Train Operator

Attributable to the Train Operator means: in respect of any delay to or cancellation of a Service, any such delay or cancellation arising as a result of: any acts or omissions of the Train Operator’s staff or its agents, contractors or sub-contractors; any Train Operator Omission; any failure or defect in the Specified Equipment relating to a Service (including where the CVL IM shall have refused to permit the Service to move over the CVL because the contents of the railway wagons have escaped, or there is pollution arising from the operation of such railway wagons); any improperly loaded railway wagons which form the whole or part of any Service; any Service not being promptly accepted off the CVL at a Destination or Intermediate Point for reasons not caused by the CVL IM (in its capacity as operator of the CVL), its agents, contractors or sub-contractors (acting as agent, contractor or sub-contractor for the CVL IM in its capacity as operator of the CVL) (other than the Train Operator); any failures or delays arising off the CVL, other than those which are caused by the CVL IM (in its capacity as operator of the CVL), its agents, contractors or sub-contractors (acting as agent, contractor or sub-contractor for the CVL IM in its capacity as operator of the CVL) (other than the Train Operator); or that portion of any such delay to or cancellation of a Service that would otherwise be Attributable to both the Train Operator and the CVL IM, but which the parties agree or it is otherwise determined is Attributable to the Train Operator; in respect of any delay to or cancellation of a Third Party Train, or of a Restriction of Use, any such delay or cancellation arising as a result of: any delay to or cancellation of a Service Attributable to the Train Operator; any Train Operator Omission; or that portion of any such delay to, or cancellation of, a Service that would otherwise be Attributable to both the Train Operator and the CVL IM, but which the parties agree or it is otherwise determined is Attributable to the Train Operator, in all cases: