Nexus performance Clause Samples

Nexus performance. (a) In the event that, in any Charging Period, there are Minutes Delay under this contract which are either: (i) Attributable to Nexus (MSN); or (ii) Attributable to both the Train Operator and Nexus (MSN) and which are allocated to Nexus, (the total being the "Combined Nexus Minutes Delay") and, in consequence of the Combined Nexus Minutes Delay, the Train Operator causes ‘Minutes Delay’ to any ‘Third Party Train’ (each such term as defined in the Network Rail Track Access Agreement) which are attributable to the Train Operator or allocated to the Train Operator under the Network Rail Track Access Agreement (which for the purposes of this contract is the "Consequential Third Party Delay"), then Nexus shall be liable to the Train Operator in respect of any Performance Sums (as defined in the Network Rail Track Access Agreement) relating to that Consequential Third Party Delay (any such sum being a Performance Sum for the purposes of this contract, as calculated in accordance with this paragraph 6.2 of Schedule 8). Nexus is not liable to the Train Operator for any Performance Sum to the extent that the Consequential Third Party Delay is due to Minutes Delay under this contract which are either: (iii) Attributable to the Train Operator (MSN); or (iv) Attributable to both the Train Operator and Nexus (MSN) and which are allocated to the Train Operator, (the total being the "Combined Train Operator Minutes Delay"). In the event that there is any increase to the length of delay to a Service from the point at which a Service enters the Network Rail network, such increase shall be allocated in the same proportions as between the underlying Combined Nexus Minutes Delay and Combined Train Operator Minutes Delay. (b) It is agreed by the parties that the liability of Nexus for a Performance Sum shall not include any sums that are due to ‘Minutes Delay’ attributed to any ‘Third Party Train’ (each such term as defined in the Network Rail Track Access Agreement) other than the Combined Nexus Minutes Delay. (c) In the event that the Train Operator seeks to recover a Performance Sum from Nexus, the Train Operator shall notify Nexus in writing the amount of any Performance Sum that is due to the Train Operator, as soon as reasonably practicable, together with: (i) the relevant information concerning the Consequential Third Party Delay (including any applicable statements prepared pursuant to Appendix 3 (Performance Statements) of the Network Rail Track Access Agreement); a...