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First Scotrail 56Th SA Draft Agreement

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First Scotrail 56Th SA Draft Agreement 56th Supplemental Agreement between NETWORK RAIL INFRASTRUCTURE LIMITED as Network Rail and First ScotRail Limited as Train Operator relating to the Track Access Contract (Passenger Services) dated 10th December 2004 CONTENTS 1. INTERPRETATION………………………………………………………2 2. OFFICE OF RAIL REGULATION – GENERAL APPROVAL………..2 3. EFFECTIVE DATE AND TERM……………….………………………..2 4. AMENDMENTS TO THE CONTRACT………………………………...3 5. EFFECT OF THIS SUPPLEMENTAL AGREEMENT ON THE CONTRACT……………………………………………………………….3 6. LAW………………………………………………………………………..3 1 th THIS 56TH SUPPLEMENTAL AGREEMENT is dated 12 March 2014 and made BETWEEN: (1) NETWORK RAIL INFRASTRUCTURE LIMITED, (“Network Rail”), a company registered in England under number 2904587 having its registered office at Kings Place, 90 York Way, London N1 9AG; and (2) First ScotRail Limited, (the “Train Operator”), a company registered in Scotland under number SC185018 having its registered office at 395 King Street, Aberdeen AB24 5RP. WHEREAS: (A) The parties entered into a Track Access Contract (Passenger Services) dated 10th December 2004 in a form approved by the Office of Rail Regulation pursuant to section 18(7) of the Act, as amended by various supplemental agreements each in a form approved by ORR pursuant to section 22 of the Act (which track access contract 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 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; 1.2.1 “Effective Date” shall mean the later of the date upon which the ORR issues its approval, pursuant to Section 22 of the Act, of the terms of this Supplemental Agreement and 0200 hours on 18 May 2014; and 1.2.2 "Appendix" shall mean the appendices and its relevant parts and attached hereto. 2. EFFECTIVE DATE AND DURATION The amendments made to the Contract pursuant to this Supplemental Agreement shall have effect from the Effective Date and shall cease to have effect at 2359 hours on the Expiry Date or earlier termination of the Contract. 2 3. AMENDMENTS TO THE CONTRACT 3.1 Schedule 4 shall be amended as follows: 3.1.1 by the deletion of Annex B to Part 3 of Schedule 4 and replaced with Appendix A. 3.2 Schedule 5 shall be amended as follows: 3.2.1 by the deletion of Table 2.1 Passenger Train Slots, Service Group HA01, Services 540, 541 and 549, Service Group HA04, Services 545,and 547, Service Group HA06, Services 560, 563, 569 & 573 and Service Group HA07, Services 561, 572 & 574 to be replaced with the tables in Appendix B. 3.2.2 By the deletion of Table 5.1 Specified Equipment, Group HA07, Services 561 and 566 to be replaced with tables in Appendix C. 3.3 Schedule 7 shall be amended as follows: 3.3.1 by the deletion of Appendix 7C to be replaced with the table in Appendix D. 3.4 Schedule 8 shall be amended as follows: 3.4.1 by the deletion Schedule 8 Appendix 1, HA07 to be replaced with the table in Appendix E. 4. EFFECT OF THIS SUPPLEMENTAL AGREEMENT ON THE CONTRACT The Contract, as amended by this Supplemental Agreement, shall remain in full force and effect in accordance with its terms, 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. 3 5. LAW This Supplemental Agreement shall be governed by, construed and given effect to in all respects in accordance with the laws of Scotland. IN WITNESS WHEREOF this Supplemental Agreement comprising this, the foregoing 2 pages and the schedule in 5 parts [A-E] is executed as follows:- SIGNED on behalf of NETWORK RAIL INFRASTRUCTURE LIMITED by at on in the presence of:- Witness: …………………………………….. Full Name: …………………………………….. ………….…………………………………. Address: …………………………………….. …………………………………….. SIGNED on behalf of FIRST SCOTRAIL LIMITED by at on in the presence of:- Witness: …………………………………….. Full Name: …………………………………….. ………….…………………………………. Address: …………………………………….. …………………………………….. 4 Appendix A Applicable Viable Transfer Viable Transfer Bus Via Operating Rules Infrastructure Rules S4CS Code EBM Payment Response Service % Applicable Point (VTP) Point (VTP) Groups From To Full bus replacement HA04 100% MLG FTW Mallaig Fort William between Mallaig (MLG) and (MLG) (FTW) Fort William (FTW) Full bus replacement HA04 100% FTW CNR Fort William Crianlarich between Fort William HA11 100% FTW CNR (FTW) (CNR) (FTW) and Crianlarich (CNR) Full bus replacement HA04 100% OBN CNR Oban Crianlarich between Oban (OBN) and (OBN) (CNR) Crianlarich (CNR) Full bus replacement Glasgow Queen HA04 100% CNR GQL Crianlarich between Crianlarich (CNR) Street Low Level HA07 100% CNR GQL (CNR) and Glasgow Queen St LL (GQL) (GQL) Full bus replacement HA06 100% BAL DAL Balloch Dalmuir between Balloch (BAL) and (BAL) (DAL) Dalmuir (DAL) HA06 100% HEL DAL Full bus replacement Helensburgh Dalmuir between Helensburgh Central (DAL) Central (HEL) and Dalmuir (HEL) (DAL) HA06 50% DAL ANN Partial bus replacement Dalmuir Anniesland between Dalmuir (DAL) and HA06 50% ANN PRK (via Drumry) (DAL) (ANN) Partick (PRK). Trains Divert via Hyndland. Full bus replacement HA06 100% MIL ANN For services to/from Glasgow between Milngavie (MIL) Queen Street High Level (GLQ) and Anniesland (ANN) Milngavie Anniesland (MIL) (ANN) Full bus replacement HA06 100% MIL ANN For all other services between Milngavie (MIL) HA06 100% ANN PRK and Partick (PRK) Dalmuir Partick (via Full bus replacement HA06 100% DAL PRK (DAL) (PRK) Clydebank) between Dalmuir (DAL) and 5 Partick (PRK) HA06 100% MIL ANN Full bus replacement For services to/from Glasgow between Milngavie (MIL) Queen Street High Level (GLQ) and Anniesland (ANN) Anniesland Partick (ANN) (PRK) Full bus replacement HA06 100% ANN PRK For all other services between Milngavie (MIL) HA06 100% ANN PRK and Partick (PRK) HA06 100% PRK GLC Partial bus replacement between Partick (PRK) and Partick Glasgow Central Glasgow Central (GLC). (PRK) (GLC) Divert via Glasgow Queen Street Low Level (GQL) HA06 50% PRK GQL Partial bus replacement Glasgow Queen between Partick (PRK) and Partick Street Low Level Glasgow Queen Street Low (PRK) (GQL) Level (GQL). Divert via Glasgow Central (GLC) HA06 100% GQL SPR No bus replacement between Full bus replacement Glasgow Queen Springburn (via Duke Glasgow Queen Street High betweel Glasgow Queen Street Low Level (SPR) Street) Level (GLQ) and Springburn Street Low Level (GQL) (GQL) (SPR) and Springburn (SPR) HA06 100% GQL SLS Full bus replacement Glasgow Queen Shettleston between Glasgow Queen Street Low Level (SLS) Street Low Level (GQL) (GQL) and Shettleston (SLS) Full bus replacement Glasgow Queen HA01 100% GLQ CRO Croy between Glasgow Queen Street High Level HA07 100% (CRO) Street High Level (GLQ) (GLQ) and Croy (CRO) (via Full bus replacement HA01 100% CRO FKH Croy Falkirk High Greenhill between Croy (CRO) and HA02 100% CRO FKH (CRO) (FKH) Upper Jn) Falkirk High (FKH) HA07 100% CRO FKH Full bus replacement HA07 100% SPR CMB Springburn Cumbernauld (via Stepps) between Springburn (SPR) (SPR) (CMB) and Cumbernauld (CMB) 6 Full bus replacement Falkirk (via HA02 100% CMB FKG Cumbernauld between Cumbernauld Grahamston Carmuirs (CMB) (CMB) and Falkirk (FKG) West Jn) Grahamston (FKG) Full bus replacement HA06 100% SLS AIR Shettleston Airdrie between Shettleston (SLS) (SLS) (AIR) and Airdrie (AIR) Full bus replacement HA06 100% AIR BHG Airdrie Bathgate between Airdrie (AIR) and (AIR) (BHG) Bathgate (BHG) HA06 100% GRK PGS Full bus replacement Paisley Gilmour Gourock between Gourock (GRK) Street (GRK) and Paisley Gilmour Street (PGS) (PGS) HA06 100% WYB PGS Full bus replacement Paisley Gilmour Wemyss Bay between Wemyss Ban Street (WYB) (WYB) and Paisley Gilmour (PGS) Street (PGS) Full bus replacement Ardrossan South HA06 100% LAR ASB Largs between Largs (LAR) and Beach (LAR) Ardrossan South Beach (ASB) (ASB) Full bus replacement HA06 100% ARD ASB Ardrossan South between Ardrossan Ardrossan Beach Harbour (ARD) and Harbour (ARD) (ASB) Ardrossan South Beach (ASB) Full bus replacement HA06 100% LAR ASB Services to/from Largs (LAR) between Largs (LAR) and HA06 100% ASB KWG Ardrossan South Kilwinning (KWG) Kilwinning Beach (KWG) Full bus replacement (ASB) HA06 100% ARD ASB Services to/from Ardrossan between Ardrossan HA06 100% ASB KWG Harbour (ARD) Harbour (ARD) and Kilwinning (KWG) Full bus replacement HA03 100% STR AYR Stranraer Ayr between Stranraer (STR) (STR) (AYR) and Ayr (AYR) Full bus replacement HA03 100% STR AYR Ayr Troon between Stranraer (STR) HA03 100% AYR TRN (AYR) (TRN) and Troon (TRN) HA06 100% STR AYR 7 HA06 100% AYR TRN Full bus replacement HA03 100% TRN KWG Troon Kilwinning between Troon (TRN) and HA06 100% TRN KWG (TRN) (KWG) Kilwinning (KWG) Full bus replacememnt HA03 100% KWG JHN Kilwinning Johnstone between Kilwinning (KWG) HA06 100% KWG JHN (KWG) (JHN) and Johnstone (JHN) HA03 100% JHN PGS Full bus replacement Paisley Gilmour Johnstone between Johnstone (JHN) HA06 100% JHN PGS Street (JHN) and Paisley Gilmour Street (PGS) (PGS) HA03 100% PGS GLC Full bus replacement Paisley Gilmour Glasgow Central (via Bridge between Paisley
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