Common use of Allocation of Responsibility Clause in Contracts

Allocation of Responsibility. 6.1 For the purposes of this Schedule 8 responsibility for each minute of delay included in Minutes Delay, each Third Party Train Cancellation, each Diversion, each Failure to Stop and each Planned Service Cancellation shall be allocated according to the responsibility for the incident which caused such Minutes Delay, Third Party Train Cancellation, Diversion, Failure to Stop or Planned Service Cancellation as established in accordance with the following provisions of this paragraph 6. 6.2 In assessing the causes of any Minutes Delay, Third Party Train Cancellation, Diversion, Failure to Stop or Planned Service Cancellation there shall be taken into account all incidents contributing thereto including: (a) the extent to which each party has taken reasonable steps to avoid and/or mitigate the effects of the incidents contributing thereto; (b) where a train is affected by the cancellation of or delay to an Ancillary Movement, the incident(s) giving rise to that cancellation or delay; and (c) where a Restriction of Use overruns, due to the start of such Restriction of Use being delayed by a late running train (including a Planned Service or an Ancillary Movement associated therewith), the incident(s) giving rise to that late running. 6.3 Subject to paragraph 6.5, the CVL IM shall be allocated responsibility for an incident other than a Planned Incident if that incident is: (a) caused by breach by the CVL IM of any of its obligations under this contract or any of its obligations in its safety authorisation which are relevant to the operation of the Services; (b) caused by failures of or delays to Services arising on the CVL which are not allocated to the Train Operator under this contract; or (c) caused by acts or omissions of the CVL IM's staff or the CVL IM's contractors in breach of this contract. 6.4 Subject to paragraph 6.5, the Train Operator shall be allocated responsibility for an incident other than a Planned Incident if that incident is: (a) caused by breach by the Train Operator of any of its obligations under this contract or any of its obligations in its safety certificate which are relevant to the operation of the Services; (b) caused by circumstances within the control of the Train Operator (whether or not the Train Operator is at fault) in its capacity as an operator of trains under this contract; or (c) caused (whether or not the Train Operator is at fault) by any defect in or other failure by the Specified Equipment to comply with the Service Characteristics of a Service whether or not such Specified Equipment is owned by the Train Operator; or (d) caused by acts, or omissions of the Train Operator's staff, customers, contractors (including any associates or associate sub-contractors of the Train Operator) in connection with this contract, or passengers using the Services; or (e) caused by circumstances arising: (i) off the CVL and which are not caused by the CVL IM in breach of its obligations under this contract; or (ii) in connection with the operation of any station, light maintenance depot or other facility to which the Train Operator has been granted access for the purpose of the operation of the relevant Service; or (iii) under a connection agreement to which the CVL IM is a party in relation to a light maintenance depot or other facility referred to under (ii) above. 6.5 The CVL IM and the Train Operator shall be allocated joint responsibility for: (a) any incident caused by or in connection with any incident arising at or in a station on the CVL which is not within the reasonable control of either party; or (b) any identified incident in respect of which the CVL IM and the Train Operator are equally responsible and for which neither the CVL IM nor the Train Operator is allocated responsibility under paragraph 6.3 or 6.4. 6.6 An incident in connection with a Restriction of Use shall be treated as a Planned Incident to the extent that there is Recovery Time in respect of that Restriction of Use incorporated in the Applicable Timetable.

Allocation of Responsibility. 6.1 For the purposes of this Schedule 8 responsibility for each minute of delay included in Minutes Delay, each Third Party Train Cancellation, each Diversion, each Failure to Stop and each Planned Service Cancellation shall be allocated according to the responsibility for the incident which caused such Minutes Delay, Third Party Train Cancellation, Diversion, Failure to Stop or Planned Service Cancellation as established in accordance with the following provisions of this paragraph 6. 6.2 In assessing the causes of any Minutes Delay, Third Party Train Cancellation, Diversion, Failure to Stop or Planned Service Cancellation there shall be taken into account all incidents contributing thereto including: (a) the extent to which each party has taken reasonable steps to avoid and/or mitigate the effects of the incidents contributing thereto; (b) where a train is affected by the cancellation of or delay to an Ancillary Movement, the incident(s) giving rise to that cancellation or delay; and (c) where a Restriction of Use overruns, due to the start of such Restriction of Use being delayed by a late running train (including a Planned Service or an Ancillary Movement associated therewith), the incident(s) giving rise to that late running. 6.3 Subject to paragraph 6.5, the CVL IM Network Rail shall be allocated responsibility for an incident other than a Planned Incident if that incident is: (a) caused by breach by the CVL IM Network Rail of any of its obligations under this contract or any of its obligations in its safety authorisation which are relevant to the operation of the Services; (b) caused by failures of or delays to Services arising on the CVL Network which are not allocated to the Train Operator under this contract; or (c) caused by acts or omissions of the CVL IMNetwork Rail's staff or the CVL IMNetwork Rail's contractors in breach of this contract. 6.4 Subject to paragraph 6.5, the Train Operator shall be allocated responsibility for an incident other than a Planned Incident if that incident is: (a) caused by breach by the Train Operator of any of its obligations under this contract or any of its obligations in its safety certificate which are relevant to the operation of the Services; (b) caused by circumstances within the control of the Train Operator (whether or not the Train Operator is at fault) in its capacity as an operator of trains under this contract; or (c) caused (whether or not the Train Operator is at fault) by any defect in or other failure by the Specified Equipment to comply with the Service Characteristics of a Service whether or not such Specified Equipment is owned by the Train Operator; or (d) caused by acts, or omissions of the Train Operator's staff, customers, contractors (including any associates or associate sub-contractors of the Train Operator) in connection with this contract, or passengers using the Services; or (e) caused by circumstances arising: (i) off the CVL Network and which are not caused by the CVL IM Network Rail in breach of its obligations under this contract; or (ii) in connection with the operation of any station, light maintenance depot or other facility to which the Train Operator has been granted access for the purpose of the operation of the relevant Service; or (iii) under a connection agreement to which the CVL IM Network Rail is a party in relation to a light maintenance depot or other facility referred to under (ii) above. 6.5 The CVL IM Network Rail and the Train Operator shall be allocated joint responsibility for: (a) any incident caused by or in connection with any incident arising at or in a station on the CVL which is not within the reasonable control of either party; or (b) any identified incident in respect of which the CVL IM Network Rail and the Train Operator are equally responsible and for which neither the CVL IM Network Rail nor the Train Operator is allocated responsibility under paragraph 6.3 or 6.4. 6.6 An incident in connection with a Restriction of Use shall be treated as a Planned Incident to the extent that there is Recovery Time in respect of that Restriction of Use incorporated in the Applicable Timetable.

Allocation of Responsibility. 6.1 For the purposes of this Schedule 8 responsibility for each minute of delay included in Minutes Delay, each Third Party Train Cancellation, each Diversion, each Failure to Stop and each Planned Service Cancellation shall be allocated according to the responsibility for the incident which caused such Minutes Delay, Third Party Train Cancellation, Diversion, Failure to Stop or Planned Service Cancellation as established in accordance with the following provisions of this paragraph 6. 6.2 In assessing the causes of any Minutes Delay, Third Party Train Cancellation, Diversion, Failure to Stop or Planned Service Cancellation there shall be taken into account all incidents contributing thereto including: (a) the extent to which each party has taken reasonable steps to avoid and/or mitigate the effects of the incidents contributing thereto; (b) where a train is affected by the cancellation of or delay to an Ancillary Movement, the incident(s) giving rise to that cancellation or delay; and (c) where a Restriction of Use overruns, due to the start of such Restriction of Use being delayed by a late running train (including a Planned Service or an Ancillary Movement associated therewith), the incident(s) giving rise to that late running. 6.3 Subject to paragraph 6.5, the CVL IM Network Rail shall be allocated responsibility for an incident other than a Planned Incident if that incident is: (a) caused by breach by the CVL IM Network Rail of any of its obligations under this contract or any of its obligations in its safety authorisation which are relevant to the operation of the Services; (b) caused by failures of or delays to Services arising on the CVL Network which are not allocated to the Train Operator under this contract; or (c) caused by acts or omissions of the CVL IMNetwork Rail's staff or the CVL IMNetwork Rail's contractors in breach of this contract. 6.4 Subject to paragraph 6.5, the Train Operator shall be allocated responsibility for an incident other than a Planned Incident if that incident is: (a) caused by breach by the Train Operator of any of its obligations under this contract or any of its obligations in its safety certificate which are relevant to the operation of the Services; (b) caused by circumstances within the control of the Train Operator (whether or not the Train Operator is at fault) in its capacity as an operator of trains under this contract; or (c) caused (whether or not the Train Operator is at fault) by any defect in or other failure by the Specified Equipment to comply with the Service Characteristics of a Service whether or not such Specified Equipment is owned by the Train Operator; or (d) caused by acts, or omissions of the Train Operator's staff, customers, contractors (including any associates or associate sub-contractors of the Train Operator) in connection with this contract, or passengers using the Services; or (e) caused by circumstances arising: (i) off the CVL Network and which are not caused by the CVL IM Network Rail in breach of its obligations under this contract; or (ii) in connection with the operation of any station, light maintenance depot or other facility to which the Train Operator has been granted access for the purpose of the operation of the relevant Service; or (iii) under a connection agreement to which the CVL IM Network Rail is a party in relation to a light maintenance depot or other facility referred to under (ii) above. 6.5 The CVL IM and the Train Operator shall be allocated joint responsibility for: (a) any incident caused by or in connection with any incident arising at or in a station on the CVL which is not within the reasonable control of either party; or (b) any identified incident in respect of which the CVL IM and the Train Operator are equally responsible and for which neither the CVL IM nor the Train Operator is allocated responsibility under paragraph 6.3 or 6.4. 6.6 An incident in connection with a Restriction of Use shall be treated as a Planned Incident to the extent that there is Recovery Time in respect of that Restriction of Use incorporated in the Applicable Timetable.