West Midlands Trains Limited 10 November 2023
| Date | 10 November 2023 |
Nineteenth Supplemental
Agreement
between
NETWORK RAIL INFRASTRUCTURE LIMITED
as Network Rail
and
WEST MIDLANDS TRAINS LIMITED
as Train Operator
relating to the Track Access Contract (Passenger
Services) dated 15 May 2019
i
CONTENTS
1. INTERPRETATION ........................................................................................................... 2
2. EFFECTIVE DATE AND TERM ......................................................................................... 2
3. AMENDMENTS TO SCHEDULE 5 .................................................................................... 2
4. GENERAL ......................................................................................................................... 3
5. THIRD PARTY RIGHTS .................................................................................................... 3
6. LAW................................................................................................................................... 3
7. COUNTERPARTS ............................................................................................................. 3
2
THIS NINETEENTH SUPPLEMENTAL AGREEMENT is dated 10 November 2023
and made
BETWEEN:
(1) NETWORK RAIL INFRASTRUCTURE LIMITED, a company registered in England under
number 2904587 having its registered office at Network Rail, Waterloo General Office,
London, SE1 8SW (“Network Rail”); and
(2) WEST MIDLANDS TRAINS LIMITED, a company registered in England under number
09860466 having its registered office at 2nd Floor St Andrew's House, 18-20 St Andrew
Street, London, United Kingdom, EC4A 3AG (the “Train Operator”).
WHEREAS:
(A) The parties entered into a Track Access Contract (Passenger Services) dated 15 May 2019
in a form approved by the Office of Rail and Road pursuant to Section 18 of the Railways
Act 1993 (“the Act”) hereafter referred to as the "Contract".
(B) The parties now propose to enter into this Supplemental Agreement in order to amend the
Contract as described herein.
IT IS HEREBY AGREED as follows:
1. INTERPRETATION
In this Nineteenth Supplemental Agreement, unless the context otherwise requires:
(A) words and phrases defined in, and rules of interpretation set out in, the Contract shall
have the same meaning and effect when used in this Supplemental Agreement; and
(B) “Effective Date” means the later of the Principal Change Date 2023, following the
reversions to Schedule 5 as applied under the Sixteenth Supplemental and the
amendments made by the Seventeenth Supplemental, and the date upon which the
ORR issues its approval, pursuant to Section 22 of the Act, of the terms of this
Supplemental Agreement.
2. EFFECTIVE DATE AND TERM
The amendments to the Contract relating to Schedule 5, made pursuant to this Supplemental
Agreement, shall have effect from the Effective Date.
3. AMENDMENTS TO SCHEDULE 5
3.1 Schedule 5 shall be deleted in its entirety and replaced with the version set out as Appendix
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