Effect of a Suspension Notice served by the Train Operator Sample Clauses

Effect of a Suspension Notice served by the Train Operator. Where the Train Operator has served a Suspension Notice on Network Rail:
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Effect of a Suspension Notice served by the Train Operator. Where the Train Operator has served a Suspension Notice on the CVL IM: it shall have the effect of suspending the Train Operator's permission to use the Routes to provide the Services to the extent specified in the Suspension Notice; not used; the Suspension Notice shall remain in full force and effect in accordance with its terms until it has been revoked either in whole or in part by notice from the Train Operator to the CVL IM under paragraph 2.5.4; and the service of the Suspension Notice shall not affect the Train Operator's Rights (as defined in Schedule 5) for the purpose of making a Train Operator Variation Request.
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Effect of a Suspension Notice served by the Train Operator. Where the Train Operator has served a Suspension Notice on the CVL IM: it shall have the effect of suspending the Train Operator's permission to use the Routes to provide the Services to the extent specified in the Suspension Notice; not used; the Suspension Notice shall remain in full force and effect in accordance with its terms until it has been revoked either in whole or in part by notice from the Train Operator to the CVL IM under paragraph 2.5.4; and the service of the Suspension Notice shall not affect the Train Operator's Firm Rights (as defined in Schedule 5) for the purposes of Part D of the CVL Network Code.
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Effect of a Suspension Notice served by the Train Operator. Where the Train Operator has served a Suspension Notice on Network Rail: it shall have the effect of suspending the Train Operator’s permission to use the Network to provide the Services to the extent specified in the Suspension Notice; the Suspension Notice shall remain in full force and effect in accordance with its terms until it has been revoked either in whole or in part by notice from the Train Operator to Network Rail under paragraph 2.5.4; and the service of the Suspension Notice shall not affect the Train Operator’s Firm Rights (as defined in Schedule 5) for the purpose of Part D of the Network Code. Suspension to be proportionate to breach A Suspension Notice served under paragraph 2.3 in respect of any of the Train Operator Events of Default specified in paragraphs (a) and (c) to (f) (inclusive) of paragraph 1.1 shall, so far as reasonably practicable, apply only to the: railway vehicles; Services; and categories of train movements or railway vehicles, or parts or part of them, to which the relevant Train Operator Event of Default relates. A Suspension Notice served under paragraph 2.4 in respect of any of the Network Rail Events of Default specified in paragraphs 1.3(a), (c) and (d) shall, so far as reasonably practicable, apply only to the: railway vehicles; Services; and categories of train movements or railway vehicles, or parts or part of them, to which the relevant Network Rail Event of Default relates. The party served with a Suspension Notice which specifies an Event of Default which is capable of remedy shall: with all reasonable diligence, take such steps as are specified in the Suspension Notice to remedy the Event of Default; and keep the party serving the Suspension Notice fully informed of the progress which is being made in remedying the Event of Default. Where a party served with a Suspension Notice has complied with its obligations under paragraph 2.5.3, whether in whole or in part, and it is reasonable for the suspension effected by the Suspension Notice to be revoked, whether in whole or in part, the party which served the Suspension Notice shall revoke the suspension to that extent. Such revocation shall be effected as soon as practicable after the remedy in question by notice to the other party specifying the extent of the revocation and the date on which it is to have effect. Termination
Sample 1Sample 2
Effect of a Suspension Notice served by the Train Operator. Where the Train Operator has served a Suspension Notice on the CVL IM: it shall have the effect of suspending the Train Operator’s permission to use the CVL to provide the Services to the extent specified in the Suspension Notice;
Sample 1

Related to Effect of a Suspension Notice served by the Train Operator

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  • Obligation to Defend; Notice; Cooperation Whenever a claim arises for indemnification under this Section (the “Claim”), the relevant Indemnitee, as appropriate, will promptly notify the Indemnifying party and request the Indemnifying Party to defend the same. Failure to so notify the Indemnifying Party will not relieve the Indemnifying Party of any liability that the Indemnifying Party might have, except to the extent that such failure prejudices the Indemnifying Party's rights or ability to defend such Claim. The Indemnifying Party will have the right to defend against such Claim in which event the Indemnifying Party will give written notice to the Indemnitee of acceptance of the defense of such Claim and the identity of counsel selected by the Indemnifying Party. Except as set forth below, such notice to the relevant Indemnitee will give the Indemnifying Party full authority to defend, adjust, compromise, or settle such Claim with respect to which such notice has been given, except to the extent that any compromise or settlement might prejudice the Intellectual Property Rights or other rights of the relevant Indemnities. The Indemnifying Party will consult with the relevant Indemnitee prior to any compromise or settlement that would affect the Intellectual Property Rights or other rights of any Indemnitee, and the relevant Indemnitee will have the right to refuse such compromise or settlement and, at such Indemnitee’s sole cost, to take over defense of such Claim. Provided, however, that in such event the Indemnifying Party will not be responsible for, nor will it be obligated to indemnify the relevant Indemnitee against any damages, costs, expenses, or liabilities, including without limitation, attorneys’ fees, in excess of such refused compromise or settlement. With respect to any defense accepted by the Indemnifying Party, the relevant Indemnitee will be entitled to participate with the Indemnifying Party in such defense if the Claim requests equitable relief or other relief (other than monetary damages) that could affect the rights of the Indemnitee and also will be entitled to employ separate counsel for such defense at such Indemnitee's expense. In the event the Indemnifying Party does not accept the defense of any indemnified Claim as provided above, the relevant Indemnitee will have the right to employ counsel for such defense at the expense of the Indemnifying Party, and the Indemnifying Party shall be liable for all costs associated with Indemnitee’s defense of such Claim including court costs, and any settlement or damages awarded a third party. Each Party agrees to cooperate and to cause its employees and agents to cooperate with the other Party in the defense of any such Claim.

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