Qualifying Modification definition
Examples of Qualifying Modification in a sentence
In respect of each Charging Period, the Train Operator shall pay or procure payment of the Variable Charge, the Traction Electricity Charge, the Electrification Asset Usage Charge, the Incremental Costs, the Incident Cap Access Charge Supplement and the Qualifying Modification Benefit Charge.
Network Rail shall issue to the Train Operator an invoice as soon as practicable, or as otherwise agreed, following the expiry of each Charging Period in respect of the Variable Charge, the Traction Electricity Charge, the Electrification Asset Usage Charge, the Incident Cap Access Charge Supplement and any Incremental Costs or Qualifying Modification Benefit Charge which is or are payable in respect of that Charging Period.
If the Train Operator disputes: the amount of any Qualifying Modification Benefit Charge payable by it under paragraph 2.8.8; or the amount of any rebate payable to it under paragraph 2.8.9, within 20 Working Days of the date of its receipt from Network Rail of details of the amount of the charge or rebate respectively, it shall be entitled to refer the matter for resolution in accordance with the ADRR.
The Train Operator shall, if it wishes to operate the Service requested under paragraph 2.8.7, pay to Network Rail a Qualifying Modification Benefit Charge of such amount as shall be determined to be reasonable by Network Rail using the criteria and guidance that are applicable to the Qualifying Modification Benefit Charge.
If a reference for resolution is made under paragraph 2.8.11, the parties shall serve a written notice on the freight train operator benefiting from the Qualifying Modification: notifying such freight train operator of the referral for resolution; and giving to such freight train operator the opportunity to become a party to the proceedings in respect of such resolution.
In respect of each Charging Period, the Train Operator shall pay or procure payment of the Variable Charge, the Freight Capacity Charge (where applicable, for the Relevant Year ending 31 March 2019), the Traction Electricity Charge, the Electrification Asset Usage Charge, the Incremental Costs, the Incident Cap Access Charge Supplement and the Qualifying Modification Benefit Charge.
Where: the Train Operator makes an Access Proposal, Rolled Over Access Proposal or Train Operator Variation Request; and the operation of the Service requested: would exceed the Operating Constraints applying as at 1 April 2024; and is permitted under the Operating Constraints applying as at the date of the request by reason of a Qualifying Modification, then paragraph 2.8.8 shall apply.
Where: the Train Operator makes an Access Proposal, Rolled Over Access Proposal or Train Operator Variation Request; and the operation of the Service requested: would exceed the Operating Constraints applying as at 1 April 2019; and is permitted under the Operating Constraints applying as at the date of the request by reason of a Qualifying Modification, then paragraph 2.8.8 shall apply.