Common use of PERMISSION TO CONNECT Clause in Contracts

PERMISSION TO CONNECT. 4.1 Network Rail grants AKIL permission to connect the Core Valley Lines Network to the NR Network at the Queen Street Connection Point. 4.2 AKIL grants Network Rail permission to connect the NR Network to the Core Valley Lines Network at the Queen Street Connection Point. 5.1 Obligations of AKIL 5.1.1 AKIL shall not: (a) sever the connection of the NR Network to the Core Valley Lines Network at the Queen Street Connection Point; or (b) take any action or omit to take any action at or in the vicinity of the Queen Street Connection Point which impedes and/or interferes with access to/from the Core Valley Lines Network at or around the Queen Street Connection Point, unless it has, except in an Emergency, obtained the prior written consent of Network Rail (whose consent shall not be unreasonably withheld) in respect of such severance, interference, impediment, action or omission and, where applicable, acted in accordance with any Applicable Procedures in relation to the undertaking of any inspection, maintenance, repair or renewal of the Core Valley Lines Network. 5.1.2 In an Emergency, AKIL shall, within a reasonable time of the occurrence of the Emergency and in accordance with any Applicable Procedures, give notice to Network Rail: (a) of the circumstances giving rise to the Emergency; (b) describing the action taken by AKIL to deal with the Emergency; (c) describing the impact of its actions on the Queen Street Connection Point; and (d) giving an indication of the timescale for reinstating the connection and allowing rolling stock access to the NR Network. 5.1.3 AKIL shall: (a) reinstate, at its own cost, the connection of the Core Valley Lines Network to the NR Network, where such connection has been severed by AKIL: (i) as soon as reasonably practicable after the date of severance; and (ii) in accordance with applicable Railway Group Standards; (b) consult with Network Rail in respect of all planned inspections, maintenance, renewals or enhancements on the Core Valley Lines Network which may impede access to and/or from the NR Network in accordance with any Applicable Procedures, and have due regard to any comments and representations reasonably made by Network Rail in relation thereto; (c) be responsible for the Operational Control of all rolling stock movements on the Core Valley Lines Network except to the extent that the parties have agreed in the CVL Services Agreement that Network Rail shall be responsible for such Operational Control; (d) ensure that: (i) all persons authorised by AKIL to be on Network Rail’s land and/or premises at or in the vicinity of the Queen Street Connection Point (for any duration) observe the safety and security requirements of Network Rail relating to the Queen Street Connection Point as set out in the Applicable Procedures; and (ii) where the presence of such persons causes disruption to the operation of the NR Network, AKIL shall use reasonable endeavours to minimise the effects of such disruption. (e) use reasonable endeavours to minimise the likelihood of any disruption to the operation of the NR Network arising from: (i) the exercise of its rights or performance of its obligations under this Agreement; (ii) any person authorised but AKIL to be at or in the vicinity of the Queen Street Connection Point. Without prejudice to the foregoing, where a matter described in sub-clause 5.1.3(e)(i) or 5.1.3(e)(ii) above gives rise to disruption on the NR Network, AKIL shall: (a) use reasonable endeavours to minimise the extent of such disruption; and (b) act in accordance with good industry practice and any Applicable Procedures in relation to the management and remediation of the consequences of operational disruption; (f) promptly provide, in accordance with the Applicable Procedures, Network Rail with any amendments to AKIL’s safety and security requirements, that relate to the Queen Street Connection Point; and (g) establish and maintain or procure the establishment and maintenance of adequate security at the Queen Street Connection Point.

PERMISSION TO CONNECT. 4.1 Network Rail grants AKIL permission to connect the Core Valley Lines Network to the NR Network at the Queen Street Radyr Line Connection Point. 4.2 AKIL grants Network Rail permission to connect the NR Network to the Core Valley Lines Network at the Queen Street Radyr Line Connection Point. 5.1 Obligations of AKIL 5.1.1 AKIL shall not: (a) sever the connection of the NR Network to the Core Valley Lines Network at the Queen Street Radyr Line Connection Point; or (b) take any action or omit to take any action at or in the vicinity of the Queen Street Radyr Line Connection Point which impedes and/or interferes with access to/from the Core Valley Lines Network at or around the Queen Street Radyr Line Connection Point, unless it has, except in an Emergency, obtained the prior written consent of Network Rail (whose consent shall not be unreasonably withheld) in respect of such severance, interference, impediment, action or omission and, where applicable, acted in accordance with any Applicable Procedures in relation to the undertaking of any inspection, maintenance, repair or renewal of the Core Valley Lines Network. 5.1.2 In an Emergency, AKIL shall, within a reasonable time of the occurrence of the Emergency and in accordance with any Applicable Procedures, give notice to Network Rail: (a) of the circumstances giving rise to the Emergency; (b) describing the action taken by AKIL ▇▇▇▇ to deal with the Emergency; (c) describing the impact of its actions on the Queen Street Radyr Line Connection Point; and (d) giving an indication of the timescale for reinstating the connection and allowing rolling stock access to the NR Network. 5.1.3 AKIL shall: (a) reinstate, at its own cost, the connection of the Core Valley Lines Network to the NR Network, where such connection has been severed by AKIL▇▇▇▇: (i) as soon as reasonably practicable after the date of severance; and (ii) in accordance with applicable Railway Group Standards; (b) consult with Network Rail in respect of all planned inspections, maintenance, renewals or enhancements on the Core Valley Lines Network which may impede access to and/or from the NR Network in accordance with any Applicable Procedures, and have due regard to any comments and representations reasonably made by Network Rail in relation thereto; (c) be responsible for the Operational Control of all rolling stock movements on the Core Valley Lines Network except to the extent that the parties have agreed in the CVL Services Agreement that Network Rail shall be responsible for such Operational Control; (d) ensure that: (i) all persons authorised by AKIL ▇▇▇▇ to be on Network Rail’s land and/or premises at or in the vicinity of the Queen Street Radyr Line Connection Point (for any duration) observe the safety and security requirements of Network Rail relating to the Queen Street Radyr Line Connection Point as set out in the Applicable Procedures; and (ii) where the presence of such persons causes disruption to the operation of the NR Network, AKIL shall use reasonable endeavours to minimise the effects of such disruption. (e) use reasonable endeavours to minimise the likelihood of any disruption to the operation of the NR Network arising from: (i) the exercise of its rights or performance of its obligations under this Agreement; (ii) any person authorised but AKIL ▇▇▇▇ to be at or in the vicinity of the Queen Street Radyr Line Connection Point. Without prejudice to the foregoing, where a matter described in sub-clause 5.1.3(e)(i) or 5.1.3(e)(ii) above gives rise to disruption on the NR Network, AKIL shall: (a) use reasonable endeavours to minimise the extent of such disruption; and (b) act in accordance with good industry practice and any Applicable Procedures in relation to the management and remediation of the consequences of operational disruption; (f) promptly provide, in accordance with the Applicable Procedures, Network Rail with any amendments to AKIL’s safety and security requirements, that relate to the Queen Street Radyr Line Connection Point; and (g) establish and maintain or procure the establishment and maintenance of adequate security at the Queen Street Radyr Line Connection Point.