Conditions precedent to Clause 5. Deleted: 5 Clause 5 shall take effect when the following conditions precedent have been satisfied in full: (a) to the extent required by the Act and/or the Licensing Regulations, the Train Operator is authorised to be the operator of trains for the provision of the Services by: (i) a licence granted under section 8 of the Act; and/or (ii) a European licence and corresponding SNRP; (b) the CVL IM is authorised by a licence granted under section 8 of the Act to be the operator of that part of the CVL comprising the Routes or is exempt from the requirement to be so authorised under section 7 of the Act; (c) the Claims Allocation and Handling Agreement is executed and delivered by all the parties to such agreement and is unconditional in all respects (save only for the fulfilment of any condition relating to this contract becoming unconditional); (d) each of the parties has, as necessary, a valid safety certificate or safety authorisation as required by the ROGS and has established and is maintaining a safety management system which meets the requirements of the ROGS; and (e) the provisions of this contract, other than Clause 5, have taken effect in accordance with Clause 3.1.
Appears in 1 contract
Sources: Track Access Contract
Conditions precedent to Clause 5. Deleted: 5 Clause 5 shall take effect when the following conditions precedent have been satisfied in full:
(a) to the extent required by the Act and/or the Railways (Licensing Regulationsof Railway Undertakings) Regulations 2005, the Train Operator is authorised to be the operator of trains for the provision of the Services by:
(i) a licence granted under section 8 of the Act; and/or
(ii) a European licence and corresponding SNRP;
(b) the CVL IM Network Rail is authorised by a licence granted under section 8 of the Act to be the operator of that part of the CVL Network comprising the Routes or is exempt from the requirement to be so authorised under section 7 of the Act;
(c) each of the Claims Allocation and Handling Agreement Collateral Agreements is executed and delivered by all the parties to each such agreement and is unconditional in all respects (save only for the fulfilment of any condition relating to this contract becoming unconditional);
(d) each of the parties has, as necessary, a valid safety certificate or safety authorisation as required by the ROGS Railways and Other Guided Transport Systems (Safety) Regulations 2006 and has established and is maintaining a safety management system which meets the requirements of the ROGSthose Regulations; and
(e) in any case, no earlier than the provisions of this contract, other than Clause 5, have taken effect Principal Change Date in accordance with Clause 3.1.December 2019
Appears in 1 contract
Sources: Track Access Contract