Framework Agreement term. This framework agreement shall enter into force on the date of signature and will last [five] years, renewable for equal periods up to 24 hours a day before the service timetable [20xx-20xx] enters into force. The applicant may request to terminate the framework agreement in accordance with Provision 8 of this document. 1) Any amendment to the terms of this framework agreement may be done in two situations: ♦ Upon request of one party and accepted by the other. ♦ When new legal or regulatory measures affecting all or part of the provisions of this framework agreement are set. These amendments shall be agreed upon as an amendment to the document, signed by the parties. 2) Adif Alta Velocidad may modify or limit the terms of this Framework Agreement without the prior approval of the Applicant, as a result of adopting measures to support the most efficient use of railway infrastructure such as safety enhancements, changes in width or other, and given no other reasonable mean for this purpose. Amendments may affect the capacity offered by the rail infrastructure manager described in Annex 2, adapting the char- acteristics of the capacities (eg, travel times or train schedules), and even when necessary, propose capacity for alternative routes on which the railway undertaking is legally authorized to run its trains. It may also reduce the capacity offered in these situations when no other reasonable possibility. 3) The rail infrastructure manager shall weigh the legitimate commercial interests of the applicant, with the other applicants, given requests to extend the terms contained in this framework agreement. 4) The rail infrastructure manager may reduce the committed capacity if during the annual program, the applicant does not request paths on the basis of this Framework Agreement, unless the applicant proves that the fact and the reasons given are outside the control of the applicant. The rail infrastructure manager shall inform in writing to all other potential applicants with at least three months before the service timetable comes into force, of its intention to amend or limit the terms of this framework agreement, granting them a period of one to four months to answer. The rail infrastructure manager reserves the right not to inform other potential applicants if amendments to the framework agreement are minimal or do not affect other frameworks agreements 1) This framework agreement shall be terminated immediately, without prejudice to any compensation by the rail infrastruc- ture manager and without the right to claim by the applicant, in the following cases: ♦ Revocation of the applicant approval or railway undertaking license. ♦ Remove the safety certificate of the railway undertaking providing services. In case of partial withdrawal, the provi- sions of the framework agreement are maintained for the capacity that has not been affected by such decision. ♦ Applicant’s declaration of bankruptcy. ♦ Cease the conditions of the applicant stated hereunder in order to sign it.
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Framework Agreement term. This framework agreement shall enter into force on the date of signature and will last [five] years, renewable for equal periods up to 24 hours a day before the service timetable [20xx-20xx] enters into force. The applicant may request to terminate the framework agreement in accordance with Provision 8 of this document.
1) Any amendment to the terms of this framework agreement may be done in two situations: ♦ Upon request of one party and accepted by the other. ♦ When new legal or regulatory measures affecting all or part of the provisions of this framework agreement are set. These amendments shall be agreed upon as an amendment to the document, signed by the parties.:
2) Adif Alta Velocidad may modify or limit the terms of this Framework Agreement without the prior approval of the Applicant, as a result of adopting measures to support the most efficient use of railway infrastructure such as safety enhancements, changes in width or other, and given no other reasonable mean for this purpose. Amendments may affect the capacity offered by the rail infrastructure manager described in Annex 2, adapting the char- acteristics of the capacities (eg, travel times or train schedules), and even when necessary, propose capacity for alternative routes on which the railway undertaking is legally authorized to run its trains. It may also reduce the capacity offered in these situations when no other reasonable possibility.
3) The rail infrastructure manager shall weigh the legitimate commercial interests of the applicant, with the other applicants, given requests to extend the terms contained in this framework agreement.
4) The rail infrastructure manager may reduce the committed capacity if during the annual program, the applicant does not request paths on the basis of this Framework Agreement, unless the applicant proves that the fact and the reasons given are outside the control of the applicant. The rail infrastructure manager shall inform in writing to all other potential applicants with at least three months before the service timetable comes into force, Clause 8 - Termination of its intention to amend or limit the terms of this framework agreement, granting them a period of one to four months to answer. The rail infrastructure manager reserves the right not to inform other potential applicants if amendments to the framework agreement are minimal or do not affect other frameworks agreementsFramework Agreement
1) This framework Thisframework agreement shall be terminated immediately, without prejudice to any compensation by the rail infrastruc- ture infrastructure manager and without the right to claim by the applicant, in the following cases: ♦ Revocation :
2) The applicant may denounce this framework agreement in writing, with twelve months’ notice before the service timetable for which capacity has been offered enters into force.
3) The rail infrastructure manager may denounce this framework agreement, without prejudice to any payable compensation and without no right of the applicant approval to claim, in the following cases: Clause 9 – Other Provisions
1) When the specific capacity needs are greater than those described in Annex 2 for all or railway undertaking license. ♦ Remove the safety certificate part of the railway undertaking providing services. In case of partial withdrawalservice timetable, the provi- sions applicant shall submit specific requests for additional paths in accordance with the standard procedures for capacity allocation process.
2) The applicant may not transfer the rights and obligations arising from this framework agreement to another applicant. Clause 10 - Conflicts
1) All disputes between the rail infrastructure manager and the applicant that may arise in connection with the implementation of this framework agreement, in particular regarding the capacity offered, as well as claims to be made, shall apply to the provisions of Rail Sector Act and valid Network Statement of the framework agreement are maintained for rail infrastructure manager.
2) Also, the capacity that has not been affected by such decision. ♦ Applicant’s declaration of bankruptcy. ♦ Cease applicant shall, with regard to the conditions actions and decisions of the applicant stated hereunder rail infrastructure manager, submit a claim before the National Commission for Markets and Competition (CNMC), always using the channels and deadlines provided for in order to sign itRail Sector Act, in the Law on Creation of the National Commission Markets and Competition 3/2013, of 4 June and Network Statement of the rail infrastructure manager valid at all times.
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