Common use of Performance Orders A Performance Order Clause in Contracts

Performance Orders A Performance Order. ‌‌ (a) is an order made under Clause 13.3.3(b), relating to a Relevant Dispute, whether by way of interim or final relief; and‌ (b) may be applied for by Network Rail or the Train Operator in the circumstances set out in Clause 8.1, subject to the qualifications in Clause 17.8,‌ and an application for a Performance Order shall be without prejudice to any other remedy available to the claimant under this contract (whether final or interim and whether by way of appeal under the Network Code or otherwise).

Appears in 1 contract

Sources: Track Access Contract

Performance Orders A Performance Order. ‌‌ (a) is an order made under Clause 13.3.3(b), relating to a Relevant Dispute, whether by way of interim or final relief; and‌and (b) may be applied for by Network Rail or the Train Operator Freight Customer in the circumstances set out in Clause 8.1Clauses 8.1 and 9, subject to the qualifications in Clause 17.8,‌ 17.8, and an application for a Performance Order shall be without prejudice to any other remedy available to the claimant under this contract (whether final or interim and whether by way of appeal under the Network Code or otherwise).

Appears in 1 contract

Sources: Freight Customer Track Access Contract

Performance Orders A Performance Order. ‌‌ (a) is an order made under Clause 13.3.3(b12.3.3(b), relating to a Relevant Dispute, whether by way of interim or final relief; and‌and (b) may be applied for by Network Rail or the Train Operator Adjacent Facility Owner in the circumstances set out in Clause 8.19.1, subject to the qualifications in Clause 17.8,‌ 17.7, and an application for a Performance Order shall be without prejudice to any other remedy available to the claimant under this contract (whether final or interim and whether or by way of appeal under the Network Code or otherwiseappeal).

Appears in 1 contract

Sources: Connection Contract