Approved agreement

SectionAgreed amendments to contracts (section 22)
1
64th Supplemental Agreement
between
NETWORK RAIL INFRASTRUCTURE LIMITED
as Network Rail
and
FIRST GREATER WESTERN LIMITED
as Train Operator
relating to the Track Access Contract (Passenger Services)
dated 4
th
March 2016
2
CONTENTS
1. INTERPRETATION ............................................................................... 3
2. EFFECTIVE DATE AND TERM .......................................................... 3
3. AMENDMENTS TO THE CONTRACT ............................................... 4
4. GENERAL ............................................................................................. 4
5. THIRD PARTY RIGHTS ....................................................................... 4
6. LAW ....................................................................................................... 4
7. COUNTERPARTS ................................................................................ 5
8. ANNEX 1………………………………………………………………… ...... 6
9. ANNEX 2………………………………………………………………..……59
10. ANNEX 3……………………………………………………………………..63
3
THIS 64TH SUPPLEMENTAL AGREEMENT is dated 14th April 2021 and made
BETWEEN:
(1) NETWORK RAIL INFRASTRUCTURE LIMITED, a company registered in
England under number 2904587 having its registered office at
1 Eversholt
Street, London NW1 2DN (“Network Rail”); and”
(2) FIRST GREATER WESTERN LIMITED
, (the “Train Operator”), a company
registered in England under number 05113733 having its registered office at
Milford House, 1 Milford Street, Swindon SN1 1HL.
WHEREAS:
(A) The parties entered into a Track Access Contract (Passenger Services) dated
4th March 2016 on terms approved, and pursuant to directions issued, by ORR under
section 18 of the Act.
(B) The parties enter into this Supplemental Agreement in order to make amendments to
Schedule 5 Tables 2.1, 2.2 and 4.1 of the Contract to provide Firm rights for service
changes to be introduced on the May 2021 Subsidiary Change date.
IT IS HEREBY AGREED as f ollows:
1. INTERPRETATION
In this Supplemental Agreement:
(A) Words and expressions defined in and rules of interpretation set out in the
Contract shall have the same meaning and effect when used in this
Supplemental Agreement except where the context requires otherwise;
(B) “Effective Date” means the later of:
the date upon which the Office of Rail and Road issues its
approval, pursuant to Section 22 of the Act, of the terms of this
Supplemental Agreement; and
0200 hours 16th May 2021.
2. EFFECTIVE DATE AND TERM
The amendments to the Contract pursuant to this Supplemental Agreement shall have
effect from the Effective Date.

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