Common use of Train Fleet Clause in Contracts

Train Fleet. 3.1. The Franchisee’s Train Fleet as at the Franchise Commencement Date is as set out in Appendix 1 (The Train Fleet). 3.2. The Franchisee shall comply with its obligations under (paragraph 2 of Schedule 2.2 (Security of Access Assets, Rolling Stock Leases, Station and Depot Leases) with respect to the Train Fleet. 3.3. Save as provided for in Schedule 6 (Rolling Stock), the Franchisee shall maintain the composition of the Train Fleet during the Franchise Term, unless the Authority otherwise agrees, such that there are no changes to the Train Fleet, including changes: (a) to the classes or types; (b) to the interior configurations (including equipment or facilities present and available for use); or (c) which may reduce the journey time capabilities of any rolling stock vehicles specified in the Train Fleet. 3.4. Where any rolling stock vehicles referred to in the Train Fleet Table 1 cease to be leased on the date so specified in Train Fleet Table 1 the Franchisee shall (unless otherwise agreed by the Authority and subject to compliance with all other relevant provisions of this Agreement including in relation to Rolling Stock Contracts) include in the Train Fleet substitute rolling stock which has: (a) at least the capacity in respect of the rolling stock vehicles being substituted; (b) reliability, capability and quality (which shall be deemed to include all facilities and characteristics set out in Train Fleet Table 3 that is at least equal to the reliability, capability and quality of the rolling stock vehicles being substituted; (c) an aggregate total capacity which is at least equal to the aggregate total capacity of the rolling stock vehicles being substituted or such higher amount of aggregate capacity as is specified by this Agreement. 3.5. During the Franchise Term, the Franchisee shall advise the Authority of any rolling stock vehicles comprising the Train Fleet damaged beyond economic repair or likely to be unavailable for service for a period of 3 consecutive Reporting Periods or more. The Franchisee shall, pending the return to service of the same, provide the Authority with an update at least once per Reporting Period (or at such other frequency as the Authority may specify) on the anticipated return to service date of any vehicle reported as likely to be unavailable for service for a period of 3 consecutive Reporting Periods or more 3.6. If any change is made to the Train Fleet in accordance with this paragraph 3 the Authority may, after consulting the Franchisee, notify the Franchisee of the Passenger Carrying Capacity of any rolling stock vehicles or class of rolling stock vehicles comprising the Train Fleet following such change. 3.7. The Franchisee shall procure that the rolling stock vehicles specified in the Train Fleet Table 1 with the capacity and other characteristics referred to therein and in Train Fleet Table 2, and the further facilities, utility and other characteristics detailed in Train Fleet Table 3 are available for deployment in the provision of the Passenger Services to the extent required by the Timetable and the Train Plan during the periods referred to therein. 3.8. The Franchisee shall, in keeping with its obligations pursuant to this Schedule 1.1, plan to ensure that the class/route specific requirements for vehicle facilities/make- up detailed in Train Fleet Table 3 shall be met in the operation of Passenger Services;

Train Fleet. 3.1. The FranchiseeSRT’s Train Fleet as at the Franchise Commencement Date is as set out in Appendix 1 (The Train Fleet). 3.2. The Franchisee SRT shall comply with its obligations under (paragraph 2 of Schedule 2.2 (Security of Access Assets, Rolling Stock Leases, Station and Depot Leases) with respect to the Train Fleet. 3.3. Save as otherwise expressly provided for in Schedule 6 (Rolling Stock)this Agreement and/or unless SRH and the Authority both otherwise agrees in writing, the Franchisee SRT shall maintain the composition of the Train Fleet during the Franchise Term, unless the Authority otherwise agrees, such that there are no changes to the Train Fleet, including changes: (a) to the classes or types; (b) to the interior configurations (including equipment or facilities present and available for use); or (c) which may reduce the journey time capabilities of any rolling stock vehicles specified in the Train Fleet. 3.4. Where any rolling stock vehicles referred to in the Train Fleet Table 1 cease to be leased on the date so specified in Train Fleet Table 1 the Franchisee SRT shall (unless otherwise agreed by the Authority SRH and subject to compliance with all other relevant provisions of this Agreement including in relation to Rolling Stock Contracts) include in the Train Fleet substitute rolling stock on a leased basis (unless the Authority otherwise consents in advance and in writing) which has: (a) at least a capacity which as a minimum can accommodate the capacity in respect of forecast passenger demand on the rolling stock vehicles being substitutedroutes the train fleet is planned to operate; (b) a lower net operating costs and reliability, capability and quality (which shall be deemed to include all facilities and characteristics set out in Train Fleet Table 3 that is at least equal to the reliability, capability and quality of the rolling stock vehicles being substituted; (c) an aggregate total capacity which can accommodate the longer term forecast passenger demand on the routes the fleet is at least equal planned to the aggregate total capacity of the rolling stock vehicles being substituted or such higher amount of aggregate capacity as is specified by this Agreementoperate. 3.5. During the Franchise Term, the Franchisee SRT shall advise the Authority SRH of any rolling stock vehicles comprising the Train Fleet damaged beyond economic repair or likely to be unavailable for service for a period of 3 consecutive Reporting Periods or more. The Franchisee SRT shall, pending the return to service of the same, provide the Authority SRH with an update at least once per Reporting Period (or at such other frequency as the Authority SRH may specify) on the anticipated return to service date of any vehicle reported as likely to be unavailable for service for a period of 3 consecutive Reporting Periods or more. 3.6. If any change is made to the Train Fleet in accordance with this paragraph 3 the Authority SRH may, after consulting the FranchiseeSRT, notify the Franchisee SRT of the Passenger Carrying Capacity of any rolling stock vehicles or class of rolling stock vehicles comprising the Train Fleet following such change. 3.7. The Franchisee SRT shall procure that the rolling stock vehicles specified in the Train Fleet Table 1 with the capacity and other characteristics referred to therein and in Train Fleet Table 2, and the further facilities, utility and other characteristics detailed in the Train Fleet Table 3 Tables are available for deployment in the provision of the Passenger Services to the extent required by the Timetable and the Train Plan during the periods referred to therein. 3.8. The Franchisee SRT shall, in keeping with its obligations pursuant to this Schedule 1.1, plan to ensure that the class/route specific requirements for vehicle facilities/make- make-up detailed in Train Fleet Table 3 Tables shall be met in the operation of Passenger Services;.