template-supplemental-agreement-2013

1、SUPPLEMENTAL AGREEMENTbetwee nNETWORK RAIL INFRASTRUCTURE LIMITEDandin sert n ame of train operatorrelati ng to ame ndme nts to a Track AccessCon tract ( Non-Fra nchised Passe nger /Passe nger -delete as appropriatedated insert date -In terim treatme nt of the 2013 Periodic ReviewServices)26975135TH

2、IS SUPPLEMENTAL AGREEMENT is dated insert date 2013 and made betwee n:(1)NETWORK RAIL INFRASTRUCTURE LIMITED , a company registered in England undercompany number 02904587, having its registered office at Kings Place, 90 York Way, Lo ndonN1 9AG ( Network Rail ); and(2)insert n ame of train operator

3、, a compa ny registered inEn gla nd and Walesunder company number insert number , having its registered office at insertaddress (the Train Operator ).Backgro und:(A) The parties en tered into a Track Access Con tract (Non-Fra nchised Passenger/Passenger-delete as appropriate Services) dated insert d

4、ate as amended by various supplementalagreements (which track accesscon tract as subseque ntly ame nded is hereafter referred to as the Con tract ).(B) The parties wish to ame nd the Con tractto in corporate a mecha nism whichwill provide for the treatment ofrevised track access charges and certain

5、other matters forming the subject of the Office of RailRegulation2013 periodic review pending the conclusion of the periodic review process. ThisSupplemental Agreement provides for the insertion of a new Clause insert releva nt clause number in order to in corporate such a mecha nism into the Con tr

6、act.This Supplemental Agreement is Agreeme nt (In terim Treatme nt Approval 2013.IT IS HEREBY AGREED as follows:1.INTERPRETATIONIn this Supplemental Agreement words and expressions defined in and rules of in terpretati on setout in the Con tract shall have the same meaning and effect whe n used in t

7、his Suppleme ntalAgreeme nt except where the con text requires otherwise.2.EFFECTIVE DATE AND TERMThe ame ndme nts to the Con tract made pursua nt to this Suppleme ntal Agreeme nt shall haveeffect from the date of this Supplemental Agreement and shall cease to have effect at 23:59 hourson the Expiry

8、 Date or earlier term in ati on of the Con tract.3.AMENDMENTS TO THE CONTRACT Delete Clause insert number “Interim Treatment ofAccess Charges Review from1the Con tract. A new Clause in sert nu mber shall be in serted into the Con tract as follows:insert number INTERIM TREATMENT OF 2013 PERIODIC REVI

9、EWin sert nu mber .1 Treatme nt prior to impleme ntati onIf the terms of a Proposed Review Notice proposing amendments to the Con tract are notimpleme nted in accorda nee with paragraph 7 of Schedule 4A to the Act on 1 April 2014 forany reas on, the n, irrespective of such terms not hav ing bee n so

10、 impleme nted, eachproposed ame ndme nt to the Con tract set out in the Proposed Review Notice shall have effecton that date or from any later date (or dates) specified in the Proposed Review Notice inentered into pursuant to the Supplemental of the2013 Periodic Review) General(C)36975135respect of

11、any in dividual ame ndme nt, i n each case un til such time as:(a)a Review Impleme ntati on Notice is served; or(b)follow ing a reference to the Competiti on Commissi on in accorda neewith paragraph 9 of Schedule 4A to the Act, any amendments to theCon tract, made in accorda nee with paragraphs 12(8

12、), 12(9) or 14(3) of Schedule 4Ato the Act, come into operati on.in sert nu mber .2 Defin iti onsIn this Clause insert number :Current Control Period ” means the period of five years commencing at 0000 hours on 1 April2009 and en di ng at 2359 hours on 31 March 2014;Proposed Review Notice ” means as

13、 at the last day of the Current Control Period the mostrecently proposed Review Notice given by ORR in accorda nee with Schedule 4A of the Act;Review ImplementationNotice ” has the meaning given to reviewimpleme ntati on no tice ” in paragraph 7 of Schedule 4A to the Act; andReview Notice has the me

14、aning give n to“review no tice ” in paragraph 4 ofSchedule 4A of the Act.4.EFFECT OF THIS SUPPLEMENTAL AGREEMENT ON THE CONTRACTThe parties agree that the Con tract, as ame nded by this Suppleme ntal Agreeme nt, shall rema inin full force and effect in accorda nee with its terms, and with effect fro

15、m and in cludi ng the datehereof and dur ing the period in which the amendments made by this Supplemental Agreementare to have effect, allrefere nces in the Con tract to the Con tract, here in, hereof,here un der andother similar expressi ons shall, uni ess the eon text requires otherwise, be readDe

16、lete or use as appropriate accord ing to whether the Con tract contains a defu netprovisi on relati ng to the previous access charges review.and con strued as a reference to theCon tract as ame nded by this Suppleme ntal Agreeme nt.5.LAWThis Suppleme ntal Agreeme nt shall be gover ned by, con strued

17、 and give n effect to in allrespects in accordance with the laws of England and Wales/Scotland delete as appropriate .6.THIRD PARTY RIGHTSNo pers on who is not a party to this Suppleme ntal Agreeme nt shall have any right un der the Contracts (Rights of Third Parties) Act 1999 to enforce any term of

18、 this Suppleme ntal Agreeme nt.469751357.COUNTERPARTSThis Suppleme ntal Agreeme nt may be executed in any nu mber of coun terparts, each of whichwhe n executed and delivered shall con stitute an origi nal, but all the coun terparts shall togethercon stitute one and the same in strume nt.IN WITNESS of which Network Rail