Annex C (8)- HEX Restructure- Track Access Management
| Section | Transport for London appeal under regulation 29 and complaint under regulation 30 of the Railways Infrastructure (Access and Management) Regulations |
TRACK
ACCESS CONTRACT (PASSENGER SERVICES)
Dated
Between
HEATHROW AIRPORT LIMITED
and
HEATHROW EXPRESS OPERATING COMPANY LIMITED
Clause
1 INTERPRETATION
1.1
Definitions
1.2 Interpretation
1.3 Indemnities
2 NETWORK CODE
2.1
Incorporation
CONTENTS
2.2 Modifications
to
the
Network
Code
2.3 Compliance
by
other
operators
3 CONDITIONS PRECEDENT AND DURATION
3.1
Effective date
3.2
Conditions
precedent
to
Clause 5
3.3
Obligations
to
satisfy
conditions
precedent to Clause 5
Page
8
8
13
14
14
14
14
14
14
14
14
15
3.4 Consequences
of
non-fulfilment
of
conditions
precedent
to
Clause
4
5
5
15
3.5
Expiry
3.6 Suspension and termination
STANDARD
OF
PERFORMANCE
4.1
General standard
4.2 Good faith
PERMISSION
TO
USE
5.1
Permission
to
use the Routes
5.2 Meaning
5.3 Permission under Clauses 5.2(e) and 5.2(f)
5.4 Changes
to
Applicable Engineering Access Statement
and
15
15
IS
IS
16
16
16
16
16
Applicable Timetable Planning Rules
17
5.5
17
NOT USED
17
5.6 The Services and the Specified Equipment
17
5.7 Performance
5.8
Stabling
17
17
6 OPERATION AND MAINTENANCE
OF
TRAINS AND NETWORK
17
6.1
General 17
6.2 Trespass, vandalism and animals
17
6.3 Safety
18
6.4 Use
of
Railway Code Systems
18
7 TRACK CHARGES AND OTHER PAYMENTS
18
8 LIABILITY
18
8.1
Performance Orders
in
relation
to
breach
18
8.2 Compensation in relation
to
breach
19
9 NOT USED
19
10 LIABILITY -OTHER MATTERS
19
10.1
Train Operator
indemnity
19
10.2 HAL
indemnity
19
11
RESTRICTIONS
ON
CLAIMS
19
11.1
Notification and
mitigation
19
11.2 Restrictions on claims
by
HAL
20
11.3 Restrictions on claims
by
Train
Operator
20
11.4 Restriction
on
claims
by
both
parties
20
11.5 Limitation
on
liability
21
11.6 Claims
Allocation
and Handling Agreement
21
11.6.1 General
21
11.6.2 Restriction
of
application
21
11.6.3 Liability for small claims
21
12 GOVERNING LAW
21
13 DISPUTE RESOLUTION
22
13.1
ADRR
22
13.2 Unpaid
sums
22
13.3 Performance Orders
22
13.3.1 Power to order provisional relief
22
13.3.2 Performance Orders
22
13.3.3 Duties
of
arbitrator
in
relation
to
Performance Orders
23
"
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