Proposed facility access contract
| Date | 19 January 2010 |
| Section | DBS Regulation 29 appeal regarding access to the Port of Felixstowe |
_________________________________________________
_________________________________________________
Based on recent ORR-directed Facility Access Contract
Subject to Contract and Without Prejudice
DATED 2010
Between
THE FELIXSTOWE DOCK AND RAILWAY COMPANY
As Facility Owner
- and -
DB SCHENKER RAIL (UK) LIMITED
As Beneficiary
FACILITY ACCESS CONTRACT
Rail Terminals at the Port of Felixstowe
Ews-am05-proposed-fac-190110.doc
Based on recent ORR-directed Facility Access Contract
TABLE OF CONTENTS
(to be updated once agreement finalised)
CLAUSE NO: PAGE NO:
1. INTERPRETATION
1.1 Definitions
1.2 Interpretation
1.3 Schedules
2. EFFECTIVE DATE AND DURATION
2.1 Effective Date
2.2 Duration
3. STANDARD OF PERFORMANCE
3.1 General standard
3.2 Good faith
3.3 Compliance with laws
4. PERMISSION TO USE THE FACILITY
4.1 Permission to use
4.2 Meaning
4.3 Permission under Clauses 4.2(e) and 4.2(f)
4.4 Stabling
5. OPERATION AND MAINTENANCE
5.1 General
5.2 Safety
5.3 Movement of trains onto and off the Facility
6. FDRC’s OBLIGATIONS
7. TRAIN OPERATOR’s OBLIGATIONS
8. GOODS
8.1 Risk
8.2 Dangerous Goods
8.3 Ability to reject Dangerous Goods
9. ACCESS CHARGES
9.1 Obligation on the DB Schenker to pay
9.2 Price variation
9.3 Unpaid sums
10. INDEMNITIES AND LIMITATION OF LIABILITY
10.1 FDRC indemnity
10.2 DB Schenker indemnity
10.3 Mitigation
10.4 Notification of claims, limitation on liability and restriction on claims
11. GOVERNING LAW
12. DISPUTE RESOLUTION
13. CONFIDENTIALITY
13.1 Confidential Information
13.2 Entitlement to divulge
13.3 Return of Confidential Information
13.4 Retention or destruction of Confidential Information
i
Based on recent ORR-directed Facility Access Contract
13.5 Ownership of Confidential Information
14. ASSIGNMENT AND SUB-CONTRACTING
14.1 Assignment
14.2 Sub-contracting
15. PAYMENTS, INTEREST AND VAT
15.1 Payment
15.2 Disputed amounts
15.3 Interest
15.4 VAT
16. FORCE MAJEURE EVENTS
17. MISCELLANEOUS
17.1 Non waiver
17.2 Variations
17.3 Entire contract and exclusive remedies
17.4 Notices
17.5 Counterparts
17.6 Survival
17.7 Contracts (Rights of Third Parties) Act 1999
SCHEDULE 1 - CONTACT DETAILS
SCHEDULE 2 – THE FACILITY, FACILITY OPERATING CONSTRAINTS,
FACILITY SERVICES AND ANCILLARY SERVICES
Appendix 1 – The Plan
SCHEDULE 3 – THE SERVICES
Appendix 1 – Form of Specification
SCHEDULE 4 – EVENTS OF DEFAULT, SUSPENSION AND TERMINATION
SCHEDULE 5 – CHARGES
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