Approved agreement
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40th SUPPLEMENTAL
AGREEMENT
between
NETWORK RAIL INFRASTRUCTURE LIMITED
as Network Rail
and
GOVIA THAMESLINK RAILWAY LIMITED
as Train Operator
relating to the Track Access Contract (Passenger
Services
)
dated 2nd March 2016
CONTENTS
1. INTERPRETATION ............................................................................................................. 1
2. OFFICE OF RAIL REGULATION - GENERAL APPROVAL ............................................... 1
3. EFFECTIVE DATE AND TERM .......................................................................................... 1
4. AMENDMENTS TO SCHEDULE 8 ..................................................................................... 2
5. EFFECTS OF THIS SUPPLEMENTAL AGREEMENT ON THE CONTRACT.................... 2
6. THIRD PARTY RIGHTS...................................................................................................... 2
7. LAW..................................................................................................................................... 3
8. COUNTERPARTS...............................................................................................................3
9. ANNEX A ............................................................................................................................ 4
i
THIS 40TH SUPPLEMENTAL AGREEMENT is dated22nd July 2020 and made
BETWEEN:
(1) NETWORK RAIL INFRASTRUCTURE LIMITED, a company registered in England under
number 2904587 having its registered office at Kings Place 90 York Way, London N1 9AG
(“Network Rail”); and
(2) GOVIA THAMESLINK RAILWAY LIMITED, a company registered in England under
number 07934306, having its registered office at 3rd Floor, 41-51 Grey Street, Newcastle
upon Tyne, NE1 6EE (the “Train Operator”).
WHEREAS:
(A) The parties entered into a Track Access Contract (Passenger Services) dated 02 March
2016 in a form approved by the Office of Rail and Road (“ORR”) pursuant to Section 18(7)
of the Act, as amended by various supplemental agreements each in a form approved by
ORR pursuant to Section 22 of the Act (which track access contract as subsequently
amended is hereafter referred to as the “Contract”).
(B) The parties wish to amend the Contract in the terms described below.
IT IS HEREBY AGREED as follows:
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; and
(B) “Effective Date” means:26th July 2020
2.ORR GENERAL APPROVAL
This Supplemental Agreement is entered into pursuant to the Passenger Access (Short
Term Timetable and Miscellaneous Changes) General Approval 2009.
3.EFFECTIVE DATE AND TERM
The amendments made to the Contract as set out in this Supplemental Agreement shall
have effect from the Effective Date and shall cease to have effect at the Expiry Date or
earlier termination of the Contract.
4.AMENDMENTS TO SCHEDULE 8
4.1 Appendix 1 of Schedule 8, shall be deleted in its entirety and replaced by a new Appendix
1 as set out in Annex A to this supplemental agreement.
1
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