Application form - Enclosure 2
| Section | Depot access applications and decisions |
ENCLOSURE 2
Abellio East Midlands Limited (company number 09860485)
2nd Floor St Andrew’s House,
18-20 St Andrew Street,
London,
EC4A 3AG
2020
Dear Sirs
Leeds Neville Hill Depot – Depot Access Agreement – capacity management during Transition
Period
1. BACKGROUND
1.1 We refer to the depot access agreement between you and us for light maintenance services at
Leeds Neville Hill Depot (“the Depot”) dated on or about the date of this letter (the Depot Access
Agreement), a copy of which is annexed to this letter at Schedule 2. In this side letter and except
where otherwise defined in this letter, expressions defined in the Depot Access Agreement and
used in this letter have the meaning set out in the Depot Access Agreement.
1.2 The parties acknowledge that due to certain capacity constraints at the Depot the minimum levels
of services, as set out in part A to schedule 1 to this letter (“the Minimum IEP Requirements”)
cannot be provided by the DFO in full until the end of the Transition Period (as defined below), at
which point it is expected that London and North Eastern Limited’s (“LNER”) existing fleet
(comprising Class 91 Locomotives, MKIV Tr ailer Cars, Class 43 Power Cars and HST Trailer Cars)
(“LNER Legacy Fleet”) at the Depot shall have been withdrawn from passenger service. It is also
acknowledged that, as at the date of execution of the Depot Access Agreement, it has not been
possible for the Beneficiary to provide details of when the Minimum IEP Requirements are
requested to be provided by the DFO to the Beneficiary during the period commencing on the
acceptance of the first Intercity Express Super Express Train to be provided by the Beneficiary
pursuant to the Beneficiary’s manufacturing agreement with Agility Trains East Limited and ending
on the acceptance of the last Intercity Express Super Express Train (“the Transition Period”).
1.3 The purpose of this side letter is to document and agree the parties approach during the term of
the Depot Access Agreement to addressing certain capacity constraints at the Depot during the
Transition Period that arise as a result of uncertainties over the timing of the planned withdrawal of
the Legacy Fleet from passenger service and the introduction of Intercity Express Super Express
Trains into passenger service.
2. AGREEMENT
2.1 In consideration of the sum of one pound sterling (£1) receipt of which is acknowledged, we agree
as follows:
(a) From the date of this letter and for the duration of the Depot Acces Agreement the parties to
this letter agree to meet not less than once every 4 weeks to discuss in good faith the required
minimum and maximum service levels in respect of the Beneficiary Depot Services to be
provided under the Depot Access Agreement for the following Reporting Period, each party
acting reasonably having regard to the parties understanding of the planned timing for the
commencement of light maintenance services in respect of Fleet Vehicles pursuant to the
Beneficiary’s manufacturing and tr ain maintenance agreements with Agility Trains East Limit ed,
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