Common use of Train Plan Clause in Contracts

Train Plan. 2.1 Subject to paragraph 2.2, for the purposes of this Franchise Agreement, the “Train Plan” shall be the plan or diagram (including sub-plans or sub-diagrams) prepared by the Franchisee for the operation of trains and train formations under the Timetable that best matches available capacity to Forecast Passenger Demand as amended from time to time during the Franchise Period in accordance with this Franchise Agreement. 2.2 For the purposes of Schedule 7 (Performance Benchmarks), references to “Train Plan” shall be construed as the latest version of the Train Plan which includes any amendments thereto pursuant to paragraphs 3, 4 and/or 5 of Schedule 1.2 (Operating Obligations): (a) where such amendments are required as a consequence of Network Rail exercising its rights pursuant to the Track Access Agreement; (b) where such amendments proposed by the Franchisee have prior approval from the Secretary of State; or (c) where such amendments are requested by the Secretary of State. 2.3 The Franchisee shall submit to the Secretary of State a Train Plan in respect of each Timetable in accordance with this Schedule 1.1. 2.4 In preparing any Train Plan, the Franchisee shall do so by reference to the Timetable that it envisages operating in order to comply with the Service Level Commitment and paragraph 6 (Planning to meet Target Passenger Demand) of this Schedule 1.1. 2.5 Each Train Plan shall set out for each railway passenger service in the Timetable to which it relates: (a) its start point and departure time; (b) its terminating point and arrival time; (c) the number and class of rolling stock vehicles allocated to each such railway passenger service; (d) the Passenger Carrying Capacity that each such railway passenger service, as formed, is to have; and (e) its Forecast Passenger Demand and, where this has been requested by the Secretary of State and is capable of calculation, Actual Passenger Demand. 2.6 A Train Plan shall be in any format that the Secretary of State may reasonably specify for this purpose. 2.7 At the Start Date, Network Rail will have issued the applicable working timetable on which the Timetable is to be based. Accordingly the Franchisee shall confirm to the Secretary of State that it intends: (a) to adopt, from the Start Date until the next Passenger Change Date, the Train Plan prepared by the Train Operator under the Previous Franchise Agreement; or (b) to prepare its own Train Plan in accordance with this Schedule 1.1, such Train Plan shall become the document in the agreed terms marked TP as at the Start Date.

Train Plan. 2.1 10.1 Subject to paragraph 2.210.2, for the purposes of this Franchise Agreement, the “Train Plan” shall be the plan or diagram (including sub-plans or sub-diagramsplans) prepared by the Franchisee LNER for the operation of trains and train formations under the Timetable that best matches available capacity to Forecast Passenger Demand as amended from time to time during the Franchise Service Period in accordance with this Franchise Agreement. 2.2 10.2 For the purposes of Schedule 7 (Performance BenchmarksOperational Performance), references to “Train Plan” shall be construed as the latest version of the Train Plan which includes any amendments thereto pursuant to paragraphs 3, 4 and/or 5 of Schedule 1.2 (Operating Obligations): (a) where such amendments are required as a consequence of Network Rail exercising its rights pursuant to the Track Access Agreement; (b) where such amendments proposed by the Franchisee LNER have prior approval from the Secretary of State; or (c) where such amendments are requested by the Secretary of State. 2.3 The Franchisee 10.3 LNER shall submit to the Secretary of State a Train Plan in respect of each Timetable in accordance with this Schedule 1.1. 2.4 10.4 In preparing any Train Plan, the Franchisee LNER shall do so by reference to the Timetable that it envisages operating in order to comply with the Train Service Level Commitment Requirement and paragraph 6 (Planning to meet Target Passenger Demand) 14 of this Schedule 1.1. 2.5 10.5 Each Train Plan shall set out for each railway passenger service in the Timetable to which it relates: (a) its start point and departure time; (b) its terminating point and arrival time; (c) the number and class of rolling stock vehicles allocated to each such railway passenger service; (d) the Passenger Carrying Capacity that each such railway passenger service, as formed, is to have; and (e) its Forecast Passenger Demand and, where this has been requested by the Secretary of State and is capable of calculation, Actual Passenger Demand. 2.6 10.6 A Train Plan shall be in any format that the Secretary of State may reasonably specify for this purpose. 2.7 At 10.7 From the Start Service Commencement Date, Network Rail will have issued the applicable working timetable on which the Timetable is to be based. Accordingly the Franchisee shall confirm to the Secretary of State that it intends: (a) to adopt, from the Start Date until the next Passenger Change Date, Date LNER shall adopt as the Train Plan prepared by the Train Operator under the Previous Franchise Agreement; or (b) to prepare its own Train Plan in accordance with this Schedule 1.1, such Train Plan shall become the document in the agreed terms marked TP. It is acknowledged that the Train Plan in the agreed terms marked TP as at shall be replaced from time to time during the Start DateService Period in accordance with the provisions of paragraph 14.4.