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 = 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: (( − ℎ ) × ) × () 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: ((ℎ − ) × ) × () (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.