Transport for Wales Rail Limited 10 December 2024
| Date | Fecha inválida |
OFFICIAL
THIRTY FIFTH SUPPLEMENTAL AGREEMENT
between
NETWORK RAIL INFRASTRUCTURE LIMITED
and
TRANSPORT FOR WALES RAIL LTD
relating to Schedule 5 of the Track Access Contract
Docusign Envelope ID: 9DEEA4DC-091C-49CD-BD20-7FA4E51A4F97
OFFICIAL
THIS THIRTY FIFTH SUPPLEMENTAL AGREEMENT
is dated and made between:
(1) NETWORK RAIL INFRASTRUCTURE LIMITED (“Network Rail”), a company registered in
England under number 04402220 having its registered office at Waterloo General Office,
London, United Kingdom, SE1 8SW, and
(2) TRANSPORT FOR WALES RAIL LTD (the “Train Operator”), a company registered in England
and Wales under number 12619906, whose registered office is at 3 Llys Cadwyn, Pontypridd,
CF37 4TH
Whereas:
A. The parties entered into a Track Access Contract (Passenger Services) dated 6th August 2020
pursuant to Section 18 (7) of the Act as amended by various supplemental agreements in a form
approved pursuant to Section 22 of the Act (which track access contract as subsequently
amended is hereafter referred to as the “Contract”);
B. The Contract was novated from Keolis Amey Operations/Gweithrediadau Keolis Amey Limited
to the Train Operator pursuant to a Deed of Novation dated 7th February 2021.
C. The parties now propose to enter into this Supplemental Agreement in order to make changes
within Schedule 5.
IT IS HEREBY AGREED as follows:
1. INTERPRETAT ION
In this Supplemental Agreement:
1.1 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
1.2 “Effective Date” shall mean the later of:
a) 15th December 2024 at 02:00; and
b) the date upon which the Office of Rail and Road issues its approval pursuant to Section
22 of the Act.
2. EFFECTIVE DATE AND DURATION
2.1 The amendments made to the Contract shall have effect from the Effective Date and shall cease
to have effect on the expiry or earlier termination of the Contract.
3. AMENDMENTS TO THE CONTRACT
3.1 In Schedule 5, Table 2.1: Passenger Train Slots, that part of the table relating to Service Groups
HL02 West Wales (Winter), HL02 West Wales (Summer), HL03 Cardiff to Gloucestershire and
Ebbw Vale, HL04 Birmingham to Shrewsbury and beyond (Winter), HL04 Birmingham to
Shrewsbury and beyond (Summer), HL06 Marches Mainline, HL07 North Wales Branches
(Winter), HL07 North Wales Branches (Summer), HL08 North Wales Interurban (Winter), HL08
North Wales Interurban (Summer) shall be deleted in their entirety and replaced by that shown
in Appendix 1 to this Supplemental Agreement.
Docusign Envelope ID: 9DEEA4DC-091C-49CD-BD20-7FA4E51A4F97
10-12-2024
OFFICIAL
3.2 In Schedule 5, Table 2.2: Passenger Train Slots, that part of the table relating to Service Groups
HL04 Birmingham to Shrewsbury and beyond, HL06 Marches Mainline and HL08 North Wales
Interurban shall inserted as in Appendix 2 to this Supplemental Agreement.
3.3 In Schedule 5, Table 4.1: Calling Patterns, that part of the table relating to Service Group HL02
West Wales (Winter), HL03 Cardiff to Gloucestershire and Ebbw Vale, HL04 Birmingham to
Shrewsbury and beyond (Winter), HL06 Marches Mainline, HL07 North Wales Branches
(Winter), HL07 North Wales Branches (Summer), shall be deleted in their entirety and replaced
by that shown in Appendix 3 to this Supplemental Agreement.
4. EFFECT OF THIS SUPPLEMENTAL AGREEMENT ON THE CONTRACT
The parties agree that the Contract, as amended by this Supplemental Agreement, shall remain
in full force and effect in accordance with its terms and with effect from and including the Effective
Date and during the period in which the amendments made by this Supplemental Agreement
are to have effect all references in the Contract to the “contract”, “herein”, “hereof”, “hereunder”
and other similar expressions shall, unless the context requires otherwise, be read and
construed as a reference to the Contract as amended by this Supplemental Agreement.
5. LAW
This Supplemental Agreement shall be governed by, construed and given effect to in all respects
in accordance with the law in England and Wales.
6. COUNTERPART S
This Supplemental Agreement may be executed in any number of counterparts, each of which
when executed and delivered shall constitute an original, but all the counterparts shall together
constitute but one and the same instrument.
7. THIRD PARTY RIGHTS
No person who is not a party to this Supplemental Agreement shall have any right under the
Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Supplemental
Agreement.
IN WITNESS WHEREOF Network Rail and the Train Operator have, by their duly authorised
representatives, respectively entered into this Supplemental Agreement on the date first above written.
SIGNED BY )
)
for and on behalf of )
)
NETWORK RAIL )
INFRASTRUCTURE LIMITED )
SIGNED BY )
)
for and on behalf of )
)
TRANSPORT FOR WALES )
Docusign Envelope ID: 9DEEA4DC-091C-49CD-BD20-7FA4E51A4F97
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