Network Operation Issue definition

Network Operation Issue means the following events or circumstances, in so far as not reasonably foreseeable at the Commencement Date, that requires Network Rail to act immediately or with urgency:

Network Operation Issue shall have the meaning ascribed to it in the Asset Protection Agreement;

Network Operation Issue any: (a) risk to the health and safety of any individual or risk of damage or destruction to any property, or any incident which may reduce the safety integrity levels of any item of infrastructure; (b) situation or circumstance which the Owner reasonably considers requires immediate or urgent action in order to maintain or restore the effective operation of the Network or any part of it; (c) compliance with a Statutory Requirement; (d) direction, requirement, instruction or rule of a Relevant Authority legally binding on any of the Participants; (e) requirement of the licence to operate the Network granted to the Owner (pursuant to section 8 of the Railways Act 1993); (f) contractual commitment of the Owner existing on or prior to the Commencement Date or the date of the relevant Section Proposal Delivery Notice; or (g) requirement to utilise the original copy held by a Third Party of any approved engineering record, drawing or other document in respect of the Network, which is immediately necessary to address an issue arising under any of paragraphs (a) to (f) above.