Eighty Sixth Supplemental Agreement
Network Rail Infrastructure Limited
XX Xxxxxxxx Rail (UK) Limited
The amendment of a track access agreement
(1) NETWORK RAIL INFRASTRUCTURE LIMITED a company registered in England (number 2904587) having its registered office at Xxxxx Xxxxx, 00 Xxxx Xxx, Xxxxxx X0 0XX (“Network Rail”); and
(2) XX XXXXXXXX RAIL (UK) LIMITED a company registered in England (number 2938988) having its registered office at Xxxxxxxx Xxxxxxxx Xxxx, Xxxxxxxx Xxx, Xxxxxxxxx XX0 0XX (The “Train Operator”).
(A) The parties entered into a Track Access Contract (Freight Services) dated 9 February 2006 in a form approved by the Office of Rail Regulation (“XXX”) pursuant to section 17 of the Act (which track access contract as subsequently amended is hereafter referred to as the “Contract”).
(B) The parties propose to enter into this Eighty Sixth Supplemental Agreement in order to vary the Contract as described below.
IT IS HEREBY AGREED as follows:
In this Eighty Sixth Supplemental Agreement:-
(A) Words and expressions defined in and rules of interpretation set out in the Agreement shall have the same meaning and effect when used in this Eighty Sixth Supplemental Agreement except where the context requires otherwise; and
(B) “Effective Date” means the date upon which the XXX issues its approval pursuant to Section 22 of the Act of the terms of this Eighty Sixth Supplemental Agreement.
2. EFFECTIVE DATE AND TERM
The amendments to the Agreement as set out in this Eighty Sixth Supplemental Agreement shall have effect from the Effective Date and shall cease to have effect when the Contract shall cease to have effect.
3. AMENDMENTS TO THE AGREEMENT
The Rights Table in Schedule 5 of the Contract shall be amended by replacing Service Group 1601 with the details listed in Annex 1 to this Eighty Sixth Supplemental Agreement
The parties agree that the Contract, as amended by this Eighty Sixth Supplemental Agreement, shall remain in full force and effect in accordance with its terms, and with effect from and including the Effective Date and during the period in which the amendments made by this Eighty Sixth Supplemental Agreement are to have effect, all references in the Contract to “the Contract”, “herein”, “hereof”, “hereunder” and other similar expressions shall, unless the context requires otherwise, be read and construed as a reference to the Contract as amended by this Eighty Sixth Supplemental Agreement.
This Eighty Sixth Supplemental Agreement shall be governed by, construed and given effect to in all respects in accordance with English Law.
This Eighty Sixth Supplemental Agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute an original, but all the counterparts shall together constitute but one and the same instrument.
7. CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
No person who is not a party to this Supplemental Agreement shall have any right under the Contracts (Rights of Third Parties) Xxx 0000 to enforce any term of this Supplemental Agreement.
IN WITNESS WHEREOF Network Rail and the Train Operator have, by their duly authorised representatives, respectively entered into this Supplemental Agreement on the date first above written.
SIGNED by )
for and on behalf of )
NETWORK RAIL INFRASTRUCTURE LIMITED )
SIGNED by )
for and on behalf of )
XX XXXXXXXX RAIL (UK) LIMITED )