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| Section | Depot access applications and decisions |
Doc # 302559.01
DATED [ ] 2007
Between
Northern Rail Limited as Depot Facility Owner
- and -
Grand Central Railway Company Limited as Beneficiary
Newcastle upon Tyne Heaton Depot
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DEPOT ACCESS AGREEMENT
(Access to a passenger service
operator's depot)
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TABLE OF CONTENTS
CLAUSE PAG E NO.
1. INTERPRETATION 1
1.1 Definitions 1
1.2 References 6
1.3 Sub-contractors 6
1.4 Depot Access Conditions 6
2. CONDITIONS PRECEDENT7
2.1 Conditions Precedent 7
2.2 Obligation to satisfy Conditions Precedent 7
2.3 Entry into effect 8
2.4 Non-satisfaction 8
3. PERMISSION TO USE THE DEPOT 8
4. DEPOT ACCESS CONDITIONS 8
5. CHARGES FOR PERMISSION TO USE THE DEPOT 9
6. CONTRACT REVIEWS 9
6.1 Reviews by the parties 9
6.2 Consequential modifications following changes to Depot Access Conditions 10
7. TERM AND TERMINATION 11
7.1 Term 11
7.2 Events of default 11
7.3 Suspension 13
7.4 Termination 15
7.5 Exclusion of common law termination rights 17
7.6 Office of Rail Regulation's termination 18
8. CHARGES FOR PERMISSION TO USE THE DEPOT 19
9. REMEDIES 19
9.1 Delays and specified performance defaults 19
9.2 Performance incentives 23
9.3 Indemnities 23
9.4 Limitation on claims 24
9.5 Replacement or repair of parts 26
10. WHOLE AGREEMENT, VARIATION AND ASSIGNMENT 24
10.1 Whole agreement 26
10.2 Assignment 26
10.3 Novation 26
10.4 Sub-contracting 27
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