Common use of Network Rail performance Clause in Contracts

Network Rail performance. 3.1 The performance minutes allocated to Network Rail in respect of any Planned Service (the "NR Performance Minutes") shall be equal to the sum of: (a) the number of Minutes Delay caused to that Planned Service by one or more Service Incidents for which Network Rail is allocated responsibility under paragraphs 2.6(b) and 6.3; and/or (b) 50% of the number of Minutes Delay caused to that Planned Service by one or more Service Incidents for which Network Rail is allocated joint responsibility with the Train Operator under paragraph 6.5. 3.2.1 The NR Performance Minutes shall be converted into a per 100 Train Operator Miles figure (the 𝐴𝑑𝐴𝐴𝑒𝑠𝑑𝑒𝑑 𝑁𝑅 π‘ƒπ‘’π‘Ÿπ‘“π‘œπ‘Ÿπ‘šπ‘Žπ‘›π‘π‘’ 𝑀𝑖𝑛𝑒𝑑𝑒𝑠 = 𝑁𝑅 π‘ƒπ‘’π‘Ÿπ‘“π‘œπ‘Ÿπ‘šπ‘Žπ‘›π‘π‘’ 𝑀𝑖𝑛𝑒𝑑𝑒𝑠 3.2.2 The Adjusted NR Performance Minutes calculated in accordance with paragraph 3.2.1 shall then be compared with the NRB and: (a) if the Adjusted NR Performance Minutes figure is less than NRB, the Train Operator shall be liable to Network Rail for a Performance Sum equal to: ((𝑁𝑅𝐡 βˆ’ π‘‘β„Žπ‘’ 𝐴𝑑𝐴𝐴𝑒𝑠𝑑𝑒𝑑 𝑁𝑅 π‘ƒπ‘’π‘Ÿπ‘“π‘œπ‘Ÿπ‘šπ‘Žπ‘›π‘π‘’ 𝑀𝑖𝑛𝑒𝑑𝑒𝑠) Γ— π‘π‘’π‘‘π‘€π‘œπ‘Ÿπ‘˜ π‘…π‘Žπ‘–π‘™ π‘ƒπ‘Žπ‘¦π‘šπ‘’π‘›π‘‘ π‘…π‘Žπ‘‘π‘’) Γ— (𝐢𝑃𝐢𝑀) where: CPCM means the total number of Train Miles operated by the Train Operator in the relevant Period; (b) if the Adjusted NR Performance Minutes figure exceeds NRB, Network Rail shall be liable to the Train Operator for a Performance Sum equal to: ((π‘‘β„Žπ‘’ 𝐴𝑑𝐴𝐴𝑒𝑠𝑑𝑒𝑑 𝑁𝑅 π‘ƒπ‘’π‘Ÿπ‘“π‘œπ‘Ÿπ‘šπ‘Žπ‘›π‘π‘’ 𝑀𝑖𝑛𝑒𝑑𝑒𝑠 βˆ’ 𝑁𝑅𝐡) Γ— π‘π‘’π‘‘π‘€π‘œπ‘Ÿπ‘˜ π‘…π‘Žπ‘–π‘™ π‘ƒπ‘Žπ‘¦π‘šπ‘’π‘›π‘‘ π‘…π‘Žπ‘‘π‘’) Γ— (𝐢𝑃𝐢𝑀) where CPCM has the meaning ascribed to it in paragraph 3.2.2(a); and (c) if the Adjusted NR Performance Minutes figure is equal to NRB, neither party shall be liable to the other for a Performance Sum under this paragraph 3.2. 3.3 In the event of a Planned Service Cancellation for which Network Rail is allocated responsibility under paragraphs 2.6(b) and/or 6.3, Network Rail shall, in respect of that Planned Service be liable to pay to the Train Operator (in substitution for and to the exclusion of any liability under paragraph 3.4) the Network Rail Cancellation Sum. In the event of a Planned Service Cancellation for which Network Rail is allocated joint responsibility under paragraph 6.5, then in respect of that Planned Service Network Rail shall be liable to pay to the Train Operator (in substitution for and to the exclusion of any liability under paragraph 3.4)

Appears in 2 contracts

Sources: Track Access Contract, Track Access Contract

Network Rail performance. 3.1 The performance minutes allocated to Network Rail in respect of any Planned Service (the "NR Performance Minutes") shall be equal to the sum of: (a) the number of Minutes Delay caused to that Planned Service by one or more Service Incidents for which Network Rail is allocated responsibility under paragraphs 2.6(b) and 6.3; and/or (b) 50% of the number of Minutes Delay caused to that Planned Service by one or more Service Incidents for which Network Rail is allocated joint responsibility with the Train Operator under paragraph 6.5. 3.2.1 The NR Performance Minutes shall be converted into a per 100 Train Operator Miles figure (the 𝐴𝑑𝐴𝐴𝑒𝑠𝑑𝑒𝑑 𝑁𝑅 π‘ƒπ‘’π‘Ÿπ‘“οΏ½οΏ½π‘Ÿπ‘šπ‘Žπ‘›π‘π‘’ 𝑀𝑖𝑛𝑒𝑑=𝑒𝑠 = 𝑁𝑅 π‘ƒπ‘’π‘Ÿπ‘“π‘œπ‘Ÿπ‘šπ‘Žπ‘›π‘π‘’ 𝑀𝑖𝑛𝑒𝑑𝑒𝑠 3.2.2 The Adjusted NR Performance Minutes calculated in accordance with paragraph 3.2.1 shall then be compared with the NRB and: (a) if the Adjusted NR Performance Minutes figure is less than NRB, the Train Operator shall be liable to Network Rail for a Performance Sum equal to: ((𝑁𝑅𝐡 βˆ’ π‘‘β„Žπ‘’ 𝐴𝑑𝐴𝐴𝑒𝑠𝑑𝑒( 𝑑 𝑁𝑅 π‘ƒπ‘’π‘Ÿπ‘“π‘œπ‘Ÿπ‘šπ‘Žπ‘›π‘π‘’ 𝑀𝑖𝑛𝑒𝑑𝑒𝑠) Γ— π‘π‘’π‘‘π‘€π‘œπ‘Ÿπ‘˜ π‘…π‘Žπ‘–π‘™ π‘ƒπ‘Žπ‘¦π‘šπ‘’π‘›π‘‘ π‘…π‘Žπ‘‘π‘’) Γ— (𝐢𝑃𝐢𝑀) where: CPCM means the total number of Train Miles operated by the Train Operator in the relevant Period; (b) if the Adjusted NR Performance Minu( ) ( tes figure exceeds NRB, Network Rail shall b𝑁𝑅𝐡 e liable to the Train Operator for a Performance Sum equal to: ((π‘‘β„Žπ‘’ 𝐴𝑑𝐴𝐴𝑒𝑠𝑑𝑒𝑑 𝑁𝑅 𝑃𝑒�( οΏ½π‘“π‘œοΏ½οΏ½π‘šπ‘Žπ‘›π‘π‘’ 𝑀𝑖𝑛𝑒𝑑𝑒𝑠 βˆ’ 𝑁𝑅𝐡) Γ— π‘π‘’π‘‘π‘€π‘œπ‘Ÿπ‘˜ π‘…π‘Žπ‘–π‘™ π‘ƒπ‘Žπ‘¦π‘šπ‘’π‘›π‘‘ π‘…π‘Žπ‘‘π‘’) Γ— (𝐢𝑃𝐢𝑀) where CPCM has the meaning ascribed to it in paragraph 3.2.2(a); and (c) if the Adjusted NR Performance Minutes figure is equal to NRB, neither party shall be liable to the other for a Performance Sum under this paragraph 3.2. 3.3 In the event of a Planned Service Cancellation for which Network Rail is allocated responsibility under paragraphs 2.6(b) and/or 6.3, Network Rail shall, in respect of that Planned Service be liable to pay to the Train Operator (in substitution for and to the exclusion of any liability under paragraph 3.4) the Network Rail Cancellation Sum. In the event of a Planned Service Cancellation for which Network Rail is allocated joint responsibility under paragraph 6.5, then in respect of that Planned Service Network Rail shall be liable to pay to the Train Operator (in substitution for and to the exclusion of any liability under paragraph 3.4)

Appears in 1 contract

Sources: Track Access Contract

Network Rail performance. 3.1 The performance minutes allocated to Network Rail in respect of any Planned Service (the "NR Performance Minutes") shall be equal to the sum of: (a) the number of Minutes Delay caused to that Planned Service by one or more Service Incidents for which Network Rail is allocated responsibility under paragraphs 2.6(b) and 6.3; and/or (b) 50% of the number of Minutes Delay caused to that Planned Service by one or more Service Incidents for which Network Rail is allocated joint responsibility with the Train Operator under paragraph 6.5. 3.2.1 The NR Performance Minutes shall be converted into a per 100 Train Operator Miles figure (the 𝐴𝑑𝐴𝐴𝑒𝑠𝑑𝑒𝑑 𝑁𝑅 π‘ƒπ‘’π‘Ÿπ‘“π‘œπ‘Ÿπ‘šπ‘Žπ‘›π‘π‘’ 𝑀𝑖𝑛𝑒𝑑=𝑒𝑠 = 𝑁𝑅 π‘ƒπ‘’π‘Ÿπ‘“π‘œπ‘Ÿπ‘šπ‘Žπ‘›π‘π‘’ 𝑀𝑖𝑛𝑒𝑑𝑒𝑠 3.2.2 The Adjusted NR Performance Minutes calculated in accordance with paragraph 3.2.1 shall then be compared with the NRB and: (a) if the Adjusted NR Performance Minutes figure is less than NRB, the Train Operator shall be liable to Ne( twork Rail for a Performance Sum equalβ„Ž to: ((𝑁𝑅𝐡 βˆ’ π‘‘β„Žπ‘’ 𝐴𝑑𝐴��𝑒𝑠𝑑𝑒𝑑 𝑁𝑅 π‘ƒπ‘’π‘Ÿπ‘“π‘œπ‘Ÿπ‘šπ‘Žπ‘›π‘π‘’ 𝑀𝑖𝑛𝑒𝑑𝑒𝑠) Γ— π‘π‘’π‘‘π‘€π‘œπ‘Ÿπ‘˜ π‘…π‘Žπ‘–π‘™ π‘ƒπ‘Žπ‘¦π‘šπ‘’π‘›π‘‘ π‘…π‘Žπ‘‘π‘’) Γ— (𝐢𝑃𝐢𝑀) where: CPCM means the total number of Train Miles operated by the Train Operator in the relevant Period; (b) if the Adjusted NR Performance Minutes figure exceeds NRB, Network Rail β„Ž shall be liable to the Train Operator for a Performance Sum equal to: ((π‘‘β„Žπ‘’ 𝐴𝑑𝐴𝐴𝑒𝑠𝑑𝑒𝑑 𝑁𝑅 π‘ƒπ‘’οΏ½οΏ½π‘“π‘œοΏ½οΏ½π‘šπ‘Žπ‘›π‘π‘’ 𝑀𝑖𝑛𝑒𝑑𝑒𝑠 βˆ’ 𝑁𝑅𝐡) Γ— π‘π‘’π‘‘π‘€π‘œπ‘Ÿπ‘˜ π‘…π‘Žπ‘–π‘™ π‘ƒπ‘Žπ‘¦π‘šπ‘’π‘›π‘‘ π‘…π‘Žπ‘‘π‘’) Γ— (𝐢𝑃𝐢𝑀) where CPCM has the meaning ascribed to it in paragraph 3.2.2(a); and (c) if the Adjusted NR Performance Minutes figure is equal to NRB, neither party shall be liable to the other for a Performance Sum under this paragraph 3.2. 3.3 In the event of a Planned Service Cancellation for which Network Rail is allocated responsibility under paragraphs 2.6(b) and/or 6.3, Network Rail shall, in respect of that Planned Service be liable to pay to the Train Operator (in substitution for and to the exclusion of any liability under paragraph 3.4) the Network Rail Cancellation Sum. In the event of a Planned Service Cancellation for which Network Rail is allocated joint responsibility under paragraph 6.5, then in respect of that Planned Service Network Rail shall be liable to pay to the Train Operator (in substitution for and to the exclusion of any liability under paragraph 3.4)

Appears in 1 contract

Sources: Track Access Contract

Network Rail performance. 3.1 The performance minutes allocated to Network Rail in respect of any Planned Service (the "NR Performance Minutes") shall be equal to the sum of: (a) the number of Minutes Delay caused to that Planned Service by one or more Service Incidents for which Network Rail is allocated responsibility under paragraphs 2.6(b) and 6.3; and/or (b) 50% of the number of Minutes Delay caused to that Planned Service by one or more Service Incidents for which Network Rail is allocated joint responsibility with the Train Operator under paragraph 6.5. 3.2.1 The NR Performance Minutes shall be converted into a per 100 Train Operator Miles figure (the 𝐴𝑑𝐴𝐴𝑒𝑠𝑑𝑒𝑑 𝑁𝑅 π‘ƒπ‘’π‘Ÿπ‘“π‘œπ‘Ÿπ‘šπ‘Žπ‘›π‘π‘’ 𝑀𝑖𝑛𝑒𝑑=𝑒𝑠 = 𝑁𝑅 π‘ƒπ‘’π‘Ÿπ‘“π‘œπ‘Ÿπ‘šπ‘Žπ‘›π‘π‘’ 𝑀𝑖𝑛𝑒𝑑𝑒𝑠 3.2.2 The Adjusted NR Performance Minutes calculated in accordance with paragraph 3.2.1 shall then be compared with the NRB and: (a) if the Adjusted NR Performance Minutes figure is less than NRB, the Train Operator shall be liable to Ne( twork Rail for a Performance Sum equalβ„Ž to: ((𝑁𝑅𝐡 βˆ’ π‘‘β„Žπ‘’ 𝐴𝑑𝐴��𝑒𝑠𝑑𝑒𝑑100 𝑁𝑅 π‘ƒπ‘’π‘Ÿπ‘“π‘œπ‘Ÿπ‘šπ‘Žπ‘›π‘π‘’ 𝑀𝑖𝑛𝑒𝑑𝑒𝑠) Γ— π‘π‘’π‘‘π‘€π‘œπ‘Ÿπ‘˜ π‘…π‘Žπ‘–π‘™ π‘ƒπ‘Žπ‘¦π‘šπ‘’π‘›π‘‘ π‘…π‘Žπ‘‘π‘’) Γ— (𝐢𝑃𝐢𝑀) where: CPCM means the total number of Train Miles operated by the Train Operator in the relevant Period; (b) if the Adjusted NR Performance Minutes figure exceeds NRB, Network Rail β„Ž shall be liable to the Train Operator for a P100 erformance Sum equal to: ((π‘‘β„Žπ‘’ 𝐴𝑑𝐴𝐴𝑒𝑠𝑑𝑒𝑑 𝑁𝑅 π‘ƒπ‘’π‘Ÿπ‘“π‘œπ‘Ÿπ‘šπ‘Žπ‘›π‘π‘’ 𝑀𝑖𝑛𝑒𝑑𝑒𝑠 βˆ’ 𝑁𝑅𝐡) Γ— π‘π‘’π‘‘π‘€π‘œπ‘Ÿπ‘˜ π‘…π‘Žπ‘–π‘™ π‘ƒπ‘Žπ‘¦π‘šπ‘’π‘›π‘‘ π‘…π‘Žπ‘‘π‘’) Γ— (𝐢𝑃𝐢𝑀) where CPCM has the meaning ascribed to it in paragraph 3.2.2(a); and (c) if the Adjusted NR Performance Minutes figure is equal to NRB, neither party shall be liable to the other for a Performance Sum under this paragraph 3.2. 3.3 In the event of a Planned Service Cancellation for which Network Rail is allocated responsibility under paragraphs 2.6(b) and/or 6.3, Network Rail shall, in respect of that Planned Service be liable to pay to the Train Operator (in substitution for and to the exclusion of any liability under paragraph 3.4) the Network Rail Cancellation Sum. In the event of a Planned Service Cancellation for which Network Rail is allocated joint responsibility under paragraph 6.5, then in respect of that Planned Service Network Rail shall be liable to pay to the Train Operator (in substitution for and to the exclusion of any liability under paragraph 3.4)

Appears in 1 contract

Sources: Track Access Contract

Network Rail performance. 3.1 The performance minutes allocated to Network Rail in respect of any Planned Service (the "NR Performance Minutes") shall be equal to the sum of: (a) the number of Minutes Delay caused to that Planned Service by one or more Service Incidents for which Network Rail is allocated responsibility under paragraphs 2.6(b) and 6.3; and/or (b) 50% of the number of Minutes Delay caused to that Planned Service by one or more Service Incidents for which Network Rail is allocated joint responsibility with the Train Operator under paragraph 6.5. 3.2.1 The NR Performance Minutes shall be converted into a per 100 Train Operator Miles figure (the 𝐴𝑑𝐴𝐴𝑒𝐴𝑑𝑗𝑒𝑠𝑑𝑒𝑑 𝑠𝑑𝑒𝑑 𝑁𝑅 π‘ƒπ‘’π‘Ÿπ‘“π‘œπ‘Ÿπ‘šπ‘Žπ‘›π‘π‘’ 𝑀𝑖𝑛𝑒𝑑𝑒𝑠 = 𝑁𝑅 π‘ƒπ‘’π‘Ÿπ‘“π‘œπ‘Ÿπ‘šπ‘Žπ‘›π‘π‘’ 𝑀𝑖𝑛𝑒𝑑𝑒𝑠 3.2.2 The Adjusted NR Performance Minutes calculated in accordance with paragraph 3.2.1 shall then be compared with the NRB and: (a) if the Adjusted NR Performance Minutes figure is less than NRB, the Train Operator shall be liable to Network Rail for a𝐴𝑑𝑗𝑒𝑠𝑑𝑒𝑑 Performance Sum equal to: ((𝑁𝑅𝐡 βˆ’ π‘‘β„Žπ‘’ 𝐴𝑑𝐴𝐴𝑒𝑠𝑑𝑒𝑑 𝑁𝑅 π‘ƒπ‘’π‘Ÿπ‘“π‘œπ‘Ÿπ‘šπ‘Žπ‘›π‘π‘’ 𝑀𝑖𝑛𝑒𝑑𝑒𝑠) Γ— π‘π‘’π‘‘π‘€π‘œπ‘Ÿπ‘˜ π‘…π‘Žπ‘–π‘™ π‘ƒπ‘Žπ‘¦π‘šπ‘’π‘›π‘‘ π‘…π‘Žπ‘‘π‘’) Γ— (𝐢𝑃𝐢𝑀) where: CPCM means the total number of Train Miles operated by the Train Operator in the relevant Period; (b) if the Adjusted NR Performance Minutes figure exc𝐴𝑑𝑗𝑒𝑠𝑑𝑒𝑑 eeds NRB, Network Rail shall be liable to the Train Operator for a Performance Sum equal to: ((π‘‘β„Žπ‘’ 𝐴𝑑𝐴𝐴𝑒𝑠𝑑𝑒𝑑 𝑁𝑅 π‘ƒπ‘’π‘Ÿπ‘“π‘œπ‘Ÿπ‘šπ‘Žπ‘›π‘π‘’ 𝑀𝑖𝑛𝑒𝑑𝑒𝑠 βˆ’ 𝑁𝑅𝐡) Γ— π‘π‘’π‘‘π‘€π‘œπ‘Ÿπ‘˜ π‘…π‘Žπ‘–π‘™ π‘ƒπ‘Žπ‘¦π‘šπ‘’π‘›π‘‘ π‘…π‘Žπ‘‘π‘’) Γ— (𝐢𝑃𝐢𝑀) where CPCM has the meaning ascribed to it in paragraph 3.2.2(a); and (c) if the Adjusted NR Performance Minutes figure is equal to NRB, neither party shall be liable to the other for a Performance Sum under this paragraph 3.2. 3.3 In the event of a Planned Service Cancellation for which Network Rail is allocated responsibility under paragraphs 2.6(b) and/or 6.3, Network Rail shall, in respect of that Planned Service be liable to pay to the Train Operator (in substitution for and to the exclusion of any liability under paragraph 3.4) the Network Rail Cancellation Sum. In the event of a Planned Service Cancellation for which Network Rail is allocated joint responsibility under paragraph 6.5, then in respect of that Planned Service Network Rail shall be liable to pay to the Train Operator (in substitution for and to the exclusion of any liability under paragraph 3.4)

Appears in 1 contract

Sources: Track Access Contract (Passenger Services)