Examples of Flexing Right in a sentence
As a general rule, Train Operator Variations are given priority on a first in time basis; however, the Infrastructure Manager may exercise the Flexing Right to resolve conflicts between Train Operator Variations.
If, as a result of exercising its Flexing Right, the Infrastructure Manager is required to make any payment to a TOC under that TOC's Framework Track Access Agreement or Track Access Agreement, the TOC whose Train Operator Variation was accommodated by the exercise of that Flexing Right shall reimburse to the Infrastructure Manager the amount of that payment.
If a Train Operator Variation is received by the Infrastructure Manager in relation to a sporting or other public event which, if accepted, would conflict with any train slot in the Working Timetable, the Infrastructure Manager shall consult with the TOC entitled to the train slot with a view to obtaining its consent to the Infrastructure Manager exercising the Flexing Right to accommodate the Train Operator Variation.
If a Train Operator Variation is received by the Infrastructure Manager in relation to a sporting or other public event which, if accepted, would conflict with any Train Slot in the Working Timetable, the Infrastructure Manager shall consult with the TOC entitled to the Train Slot with a view to obtaining its consent to the Infrastructure Manager exercising the Flexing Right to accommodate the Train Operator Variation.
These are that Network Rail:• shall endeavour wherever possible to comply with all Access Proposals which have been submitted;• conform with the Rules;• shall ensure the NWT is consistent with Exercised Rights; and• is entitled to exercise its Flexing Right in compiling the NWT.It is only if all Access Proposals cannot be included in the NWT that Network Rail has to allocate to a train slot a priority for inclusion.
SBS, a waste management company, is having its facilities in the industrial zone and is currently planning to launch a power generation project that would include CNSL recovery.However, CNSL extraction has surprisingly been running for years.
AWC has not seen evidence to demonstrate NR’s application of the Decision Criteria in line with Part D, nor understands how NR reached their conclusions about whether they should exercise their Flexing Right in the time available.
In making any decision in the course of implementing the procedures set out in Conditions D3.4 or D3.5, the CVL IM: is entitled to exercise its Flexing Right when responding to an Access Proposal submitted under Condition D3.4.10; may not effect any CVL IM Variation to the extent that the variation is inconsistent with the Rules; shall, subject to the over-riding principles set out in sub- paragraphs D4.4.1(a) and D4.4.1(b) above, apply the Decision Criteria in accordance with Condition D4.6.
By using its Flexing Right Network Rail was able to accommodate all AWC Train Slots and the priority for inclusion of these Train Slots do not need to be considered in this case.Network Rail’s FlexDuring the development of the May 20 NWT, Network Rail Flexed 105 AWC services.
The TTP found that it did not properly exercise its Flexing Right with no acceptable justification for the failure.