XC Trains Limited 23 November 2020
| Date | 23 November 2020 |
| Section | Decisions library |
13th SUPPLEMENTAL AGREEMENT
Between
NETWORK RAIL INFRASTRUCTURE LIMITED
- and -
XC TRAINS LIMITED
_____________________________________
relating to amendments to the Track Access Contract
(Passenger Services) dated 8th August 2017
_____________________________________
CONTENTS
Clause Page No.
1. INTERPRETATION 3
2. EFFECTIVE DATE AND TERM 3
3. AMENDMENTS TO THE CONTRACT 4
4. EFFECT OF THIS SUPPLEMENTAL AGREEMENT
ON THE CONTRACT 4
5. LAW 4
6. THIRD PARTY RIGHTS 4
7. COUNTERPARTS 4
THIS 13th SUPPLEMENTAL AGREEMENT is dated the 20th November 2020 and
made
BETWEEN
(1) Network Rail Infrastructure Limited, a company registered in England under
number 2904587, having its registered office at 1 Eversholt Street, London, NW1
2DN (“Network Rail”); and
(2) XC Trains Limited, a company registered in England under number 04402048
having its registered office at C/O Arriva PLC, 1 Admiral Way, Doxford
International Business Park, Sunderland, SR3 3XP (the “Train Operator”).
WHEREAS
(A) The parties entered into a Track Access Contract (Passenger Services) dated 8th
August 2017 as amended by various Supplemental Agreements (which track
access contract as subsequently amended is 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
1.1 In this Supplemental Agreement, unless the context otherwise requires, 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” means the later of:
(A) 0200 hours on the Subsidiary Change Date 2021; and
(B) the date upon which the Office of Rail and Road 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 made pursuant to this Supplemental
Agreement shall have effect from the Effective Date and shall cease to have
effect on the expiry of the Contract.
3 AMENDMENTS TO THE CONTRACT
Table 2.1, Table 2.2, Table 2.3 and Table 4.1 of Schedule 5 shall be deleted
and replaced in their entirety with the version set out in Annex A to this
Supplemental Agreement.
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