"CCOS Emergency Access Code" means the document known as the CCOS Emergency Access Code; "CCOS Engineering Access Statement" has the meaning ascribed to it in Part D of the CCOS Network Code; "CCOS Network Change" has the meaning ascribed to it in Part G of the CCOS Network Code; "CCOS Network Code" means the document known as the CCOS Network Code as published by RfL(I); "CCOS Operational Codes" means the CCOS Emergency Access Code, the CCOS Railway Operational Code and the CCOS Performance Data Accuracy Code; "CCOS Performance Data Accuracy Code" means the document known as the CCOS Performance Data Accuracy Code; "CCOS Railway Operational Code" means the document known as the CCOS Railway Operational Code; "CCOS Standards" means Railway Group Standards; "CCOS Timetable Planning Rules" has the meaning ascribed to it in Part D of the CCOS Network Code; "CCOS Vehicle Change" has the meaning ascribed to it in Part F of the CCOS Network Code; "Claims Allocation and Handling Agreement" means the agreement of that name approved by ORR which is also used by Network Rail in respect of the NR Network; "Collateral Agreements" means the agreements and arrangements listed in Schedule 3; "Commencement Date" [date to be added]; "Competent Authority Restriction of Use" means a Restriction of Use (other than one which constitutes an Extended Disruption under and for the purposes of Part H of the CCOS Network Code): (a) as a result of any Change of Law or any Direction of any Competent Authority other than the ORR; and
a Material Performance Change has not occurred; and/or which changes to the Matters Subject to Benchmarking should be made to the Matters Subject to Benchmarking do achieve RfL(I)'s objectives for the CCOS set out in the Sponsors' Requirements, and, subject to Clause 17.6, such determination will be binding on RfL(I), the Train Operator and each other train operator using the CCOS. Any amendments to the Matters Subject to Rebenchmarking shall take effect only when it has been approved by the ORR under section 22 of the Act. Accordingly, as soon as reasonably practicable after any such amendment is agreed or determined in accordance with this paragraph 17 the parties shall ensure that the ORR is furnished with such amendment and such information and evidence as the ORR requires to decide whether or not to approve the amendment. Sustained Poor Performance and Poor Performance Notices Definitions In this paragraph 18, unless the context otherwise requires: "SPP Indexation Figure" means the figure calculated in accordance with paragraph 18.5.2. Indemnities Subject to Clause 11, RfL(I) shall indemnify the Train Operator against all Relevant Losses in accordance with this paragraph 18 if, and to the extent that, the RfL(I) Performance Sums payable by RfL(I) in respect of any Period exceeds the relevant RfL(I) SPP Threshold. Subject to Clause 11, the Operator shall indemnify RfL(I) against all Relevant Losses in accordance with this paragraph 18 if, and to the extent that, the Train Operator Performance Sums payable by the Train Operator in respect of any Period exceeds the relevant Train Operator SPP Threshold. Determination of Relevant Losses Subject to paragraph 18.4, the liability of a party under paragraph 18.2 for sustained poor performance ("SPPL") shall be determined in accordance with the following formula: SPPL = RL – PS where: RL means the party's Relevant Losses arising as a direct result of Seconds Delay and Cancelled Stops during the relevant Period, in each case insofar as these do not arise as a result of an incident for
Appendix 1 Performance Benchmarks and Payment A B C D E F G H I RfL(I) Train Operator Service Group Performance Benchmark Payment Rate Performance Benchmark Payment Rate Cap Service Code Monitoring Point Weighting Portobello – Pudding Mill Pudding Mill Lane Junction 1.0 Pudding Mill - Portobello Portobello Junction 1.0 Portobello – Abbey Wood Abbey Wood station 1.0 Abbey Wood - Portobello Portobello Junction 1.0 Westbourne Pk – Pudding Mill Pudding Mill Lane Junction 1.0 Pudding Mill – Westbourne Pk Westbourne Park Sidings Junction 1.0
is a breach of a Performance Order in relation to a breach of contract, but any such new claim shall not include any sum which was the subject matter of a previous claim and was extinguished by virtue of paragraph 3(b) or 4(b). determination of claims For the purpose of this Schedule 9, a determination of a claim for Relevant Losses by a Court or other tribunal shall be treated as final when there is no further right of appeal or review from such determination or in respect of which any right of appeal or review has been lost, whether by expiry of time or otherwise. IN WITNESS whereof the duly authorised representatives of RfL(I) and the Train Operator have executed this Contract on the date first above written. Signed by ............................................................ Print name .......................................................... Duly authorised for and on behalf of RAIL FOR LONDON (INFRASTRUCTURE) LIMITED Signed by .............................................................