START DATE TRANSFER SCHEME Sample Clauses
The Start Date Transfer Scheme clause establishes the specific terms and procedures for transferring the commencement date of an agreement or project from one party to another. In practice, this clause outlines the conditions under which the start date can be reassigned, such as upon assignment of the contract or in the event of a change in project ownership, and may require formal notification or approval from relevant parties. Its core function is to ensure continuity and clarity in contractual obligations by providing a clear mechanism for updating the start date when responsibilities shift, thereby preventing disputes or confusion regarding timelines.
START DATE TRANSFER SCHEME. 6.1 Subject to clause 6.2, the Secretary of State will utilise his powers under Section 12 and Schedule 2 of the Railways Act 2005 to make one or more transfer schemes (each a “Start Date Transfer Scheme”) to take effect on the same day so as to transfer to the Franchisee the following franchise assets of a Train Operator under a Previous Franchise Agreement, being the Train Operator’s property, rights and liability in respect of the following:
(a) Universal Licence Agreement dated 1 February 2004 between (1) BRB (Residuary) Limited and (2) the Train Operator under Previous Franchise Agreement;
(b) Sub-Licence Deed dated 1 February 2004 between (1) BRB (Residuary) Limited and (2) the Train Operator under Previous Franchise Agreement; and
(c) Master Software Licence dated 1 February 2004 between (1) BRB (Residuary) Limited and (2) the Train Operator under Previous Franchise Agreement.
6.2 The Secretary of State’s obligation to make any Start Date Transfer Scheme will be subject to the Secretary of State being satisfied that:
(a) all the conditions precedent set out in the Appendix (Conditions Precedent) to this Agreement will be satisfied (or waived) on or before the Start Date;
(b) neither of the concerns in clause 5.4(a) or clause 5.4(b) exist on or prior to the Start Date.
6.3 The Secretary of State agrees to act reasonably in response to any request that is made by the Franchisee in accordance with clause 6.4 to transfer to it under the Start Date Transfer Scheme any further assets and/or liabilities of a Train Operator under a Previous Franchise Agreement which are required by the Franchisee to perform its obligations under the Franchise Agreement and cannot conveniently be transferred to it by other means.
6.4 Any request made pursuant to clause 6.3 shall be made in writing, submitted to the Secretary of State on or prior to the date falling ten Weekdays prior to the Start Date or such lesser time period as the parties may agree between them, and specify in reasonable detail:
(a) the assets and/or liabilities to be transferred; and
(b) the terms agreed as to the proposed transfer with any party affected by the proposed transfer.
6.5 Without limiting any other obligation it may have, the Franchisee agrees to enter into the Supplemental Agreement (as defined under the Previous Franchise Agreement) with the Train Operator under the Previous Franchise Agreement.
START DATE TRANSFER SCHEME. 5.1 Subject to clause 5.2 the Secretary of State will utilise his powers under Section 12 and Schedule 2 of the Railways Act 2005 to make one or more transfer schemes (each a Start Date Transfer Scheme) to take effect on the same day so as to transfer to the Franchisee the following franchise assets of a Train Operator under a Previous Franchise Agreement, being the Train Operator’s property, rights and liability in respect of the following:
(a) the rights and liabilities of the Train Operator under the Previous Franchise Agreement in respect of the following agreements:
(i) the Universal Licence Agreement with the Board dated 27 October 1995;
(ii) the Sub-licence Deed with the Board dated 27 October 1995;
(iii) the Master Software Licence with the Board dated 27 October 1995; and
(iv) the Computer Services Agreement with the Board dated 27 October 1995;
(b) Matterson Jacks with the following serial numbers: (i) B713323-BR62748/1;
(ii) B713323-BR62748/2;
(iii) B713323-BR62748/3; and
(iv) B713323-BR62748/4;
START DATE TRANSFER SCHEME. 7.1 Subject to Clause 7.2, the Secretary of State will utilise his powers under Section 12 and Schedule 2 of the Railways Act 2005 to make one or more transfer schemes (each a “Start Date Transfer Scheme”) to take effect on the same day so as to transfer to the Franchisee the following franchise assets of a Train Operator under a Previous Franchise Agreement, being the Train Operator’s property, rights and liability in respect of the following:
(a) [INSERT DETAILS]4; and
(b) [INSERT DETAILS5].
7.2 The Secretary of State’s obligation to make any Start Date Transfer Scheme will be subject to the Secretary of State being satisfied that:
(a) all the conditions precedent set out in the Appendix (Conditions Precedent) to this Agreement will be satisfied (or waived) on or before the Start Date;
(b) neither of the concerns in Clause 5.5(a) or Clause 5.5(b) exist on or prior to the Start Date.
7.3 The Secretary of State agrees to act reasonably in response to any request that is made by the Franchisee in accordance with Clause 7.4 to transfer to it under any Start Date Transfer Scheme any further assets and/or liabilities of a Train Operator under a Previous Franchise Agreement which are required by the Franchisee to perform its obligations under the Franchise Agreement and cannot conveniently be transferred to it by other means.
7.4 Any request made pursuant to Clause 7.3 shall be made in writing, submitted to the Secretary of State on or prior to the date falling ten (10) Weekdays prior to the Start Date or such lesser time period as the parties may agree between them, and specify in reasonable detail:
(a) the assets and/or liabilities to be transferred; and
(b) the terms agreed as to the proposed transfer with any party affected by the proposed transfer.
7.5 Without limiting any other obligation it may have, the Franchisee agrees to enter into the Supplemental Agreement (as defined under the Previous Franchise Agreement) with the Train Operator under the Previous Franchise Agreement.
START DATE TRANSFER SCHEME. 5.1 Subject to clause 5.2, the Secretary of State will utilise his powers under Section 12 and Schedule 2 of the Railways Act 2005 to make one or more transfer schemes (each a “Start Date Transfer Scheme”) to take effect on the same day so as to transfer to the Franchisee the following franchise assets of a Train Operator under the Previous Franchise Agreement relating to the TGN Franchise Services, being the Train Operator’s property, rights and future liabilities in respect of the following:
(a) [Insert details of the FCC Track Access Agreement];
(b) the operating hire agreement dated [●] and entered into between First Capital Connect Limited and London & South Eastern Railway Limited in respect of certain Class 377 Units;
(c) the operating hire agreement dated [●] and entered into between First Capital Connect Limited and London & South Eastern Railway Limited in respect of certain Class 319 Units;
(d) the train crew trading agreement dated [●] and entered into between First Capital Connect Limited and London & South Eastern Railway Limited under which First Capital Connect Limited provides train crew to London & South Eastern Railway Limited;
(e) the train crew trading agreement dated [●] and entered into between First Capital Connect Limited and London & South Eastern Railway Limited under which London & South Eastern Railway Limited provides train crew to First Capital Connect Limited;
(f) a training agreement pursuant to dated [●] and entered into between First Capital Connect Limited and London & South Eastern Railway Limited under which First Capital Connect Limited provides driver training to the Franchisee on the Class 319 dual voltage traction;
(g) NR Asset Purchase Agreement (for GRIP 4) dated 08 May 2012 between Network Rail Infrastructure Limited and First Capital Connect Limited, insofar as this agreement relates to the [Project] (and without prejudice to the potential for other elements of this contract to be transferred to a Successor Operator pursuant to any Transfer Scheme on expiry of the Franchise Agreement) (the “APuA”);
(h) the Agreement amending the APuA - SCPF ▇▇▇▇▇▇▇▇ APuA Variation No1 letter GRIP 5 dated 12 Feb 2012 (wrongly)
(i) SCPF ▇▇▇▇▇▇▇▇ Basic Asset Protection Agreement (“BAPA”) (for GRIP 4) undated between Network Rail Infrastructure Limited and First Capital Connect Limited;
(j) SCPF ▇▇▇▇▇▇▇▇ BAPA (for GRIP 5) - dated 11 March 2013 between Network Rail Infrastructure Limited and First Capital Connect Limited;
(k) The Co...
START DATE TRANSFER SCHEME. 7.1 Subject to Clause 7.2, the Secretary of State will utilise his powers under Section
(a) [INSERT DETAILS]4; and
(b) [INSERT DETAILS]5.
7.2 The Secretary of State’s obligation to make any Start Date Transfer Scheme will be subject to the Secretary of State being satisfied that:
(a) all the conditions precedent set out in the Appendix (Conditions Precedent) to this Agreement will be satisfied (or waived) on or before the Start Date;
(b) neither of the concerns in Clause 5.5(a) or Clause 5.5(b) exist on or prior to the Start Date.
7.3 The Secretary of State agrees to act reasonably in response to any request that is made by the Franchisee in accordance with Clause 7.4 to transfer to it under any Start Date Transfer Scheme any further assets and/or liabilities of a Train Operator under a Previous Franchise Agreement which are required by the Franchisee to perform its obligations under the Franchise Agreement and cannot conveniently be transferred to it by other means.
7.4 Any request made pursuant to Clause 7.3 shall be made in writing, submitted to the Secretary of State on or prior to the date falling ten (10) Weekdays prior to
START DATE TRANSFER SCHEME. 6.1 Subject to clause 6.2, the Secretary of State will utilise his powers under Section 12 and Schedule 2 of the Railways Act 2005 to make one or more transfer schemes (each a “Start Date Transfer Scheme”) to take effect on the same day so as to transfer to the Franchisee the following franchise assets of a Train Operator under a Previous Franchise Agreement, being the Train Operator’s property, rights and liability in respect of the following:
(a) Equipment at ▇▇▇▇▇▇ ▇▇▇▇▇ as follows:
(i) NH0131 – NH0134 & NH0172: Somer vehicle lifting jacks and consoles (2 sets);
(ii) NH503 – Air system flushing machine;
(iii) Simret brake meter;
(iv) Schlumberger NRN radio test box;
(v) FA 01 – Forklift attachment for lifting engines;
(vi) FA 02 – Forklift attachment for lifting gearboxes;
(vii) FA03, F03/1 – Forklift attachment for lifting alternators;
(viii) MC1 – Wheelset lifting beam; and
(ix) 434/5/6/7 Bodyside lifting bracket for 142’s;
(b) Equipment at Longsight as follows:
(i) Simret brake meter; and
START DATE TRANSFER SCHEME. 6.1 Subject to clause 6.2, the Secretary of State will utilise his powers under Section 12 and Schedule 2 of the Railways ▇▇▇ ▇▇▇▇ to make one or more transfer schemes (each a “Start Date Transfer Scheme”) to take effect on the same day so as to transfer to the Franchisee the following franchise assets of a Train Operator under a Previous Franchise Agreement, being the Train Operator’s property, rights and liability in respect of the following:
(a) [INSERT DETAILS]1; and
(b) [INSERT DETAILS].
6.2 The Secretary of State’s obligation to make any Start Date Transfer Scheme will be subject to the Secretary of State being satisfied that: