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1、SUPPLEMENTAL AGREEMENTbetweenNETWORK RAIL INFRASTRUCTURE LIMITEDand insert name of train operator_relating to amendments to a Track Access Contract (Non-Franchised Passenger/Passenger delete as appropriate Services) dated insert date Interim treatment of the 2013 Periodic Review_ 4237819 6975135THIS
2、 SUPPLEMENTAL AGREEMENT is dated insert date 2013 and made between:(1) NETWORK RAIL INFRASTRUCTURE LIMITED, a company registered in England under company number 02904587, having its registered office at Kings Place, 90 York Way, London N1 9AG (Network Rail); and (2) insert name of train operator, a
3、company registered in England and Wales under company number insert number, having its registered office at insert address (the Train Operator).Background:(A)The parties entered into a Track Access Contract (Non-Franchised Passenger/Passenger delete as appropriate Services) dated insert date as amen
4、ded by various supplemental agreements (which track access contract as subsequently amended is hereafter referred to as the Contract).(B)The parties wish to amend the Contract to incorporate a mechanism which will provide for the treatment of revised track access charges and certain other matters fo
5、rming the subject of the Office of Rail Regulations 2013 periodic review pending the conclusion of the periodic review process. This Supplemental Agreement provides for the insertion of a new Clause insert relevant clause number in order to incorporate such a mechanism into the Contract.(C)This Supp
6、lemental Agreement is entered into pursuant to the Supplemental Agreement (Interim Treatment of the 2013 Periodic Review) General Approval 2013.IT IS HEREBY AGREED as follows:1. INTERPRETATIONIn this Supplemental Agreement words and expressions defined in and rules of interpretation set out in the C
7、ontract shall have the same meaning and effect when used in this Supplemental Agreement except where the context requires otherwise.2. EFFECTIVE DATE AND TERMThe amendments to the Contract made pursuant to this Supplemental Agreement shall have effect from the date of this Supplemental Agreement and
8、 shall cease to have effect at 23:59 hours on the Expiry Date or earlier termination of the Contract.3. AMENDMENTS TO THE CONTRACTDelete Clause insert number “Interim Treatment of Access Charges Review” from the Contract. Delete or use as appropriate according to whether the Contract contains a defu
9、nct provision relating to the previous access charges review. A new Clause insert number shall be inserted into the Contract as follows:insert number INTERIM TREATMENT OF 2013 PERIODIC REVIEWinsert number.1 Treatment prior to implementationIf the terms of a Proposed Review Notice proposing amendment
10、s to the Contract are not implemented in accordance with paragraph 7 of Schedule 4A to the Act on 1 April 2014 for any reason, then, irrespective of such terms not having been so implemented, each proposed amendment to the Contract set out in the Proposed Review Notice shall have effect on that date
11、 or from any later date (or dates) specified in the Proposed Review Notice in respect of any individual amendment, in each case until such time as:(a) a Review Implementation Notice is served; or(b) following a reference to the Competition Commission in accordance with paragraph 9 of Schedule 4A to
12、the Act, any amendments to the Contract, made in accordance with paragraphs 12(8), 12(9) or 14(3) of Schedule 4A to the Act, come into operation.insert number.2 DefinitionsIn this Clause insert number:“Current Control Period” means the period of five years commencing at 0000 hours on 1 April 2009 an
13、d ending at 2359 hours on 31 March 2014;“Proposed Review Notice” means as at the last day of the Current Control Period the most recently proposed Review Notice given by ORR in accordance with Schedule 4A of the Act;“Review Implementation Notice” has the meaning given to “review implementation notic
14、e” in paragraph 7 of Schedule 4A to the Act; andReview Notice has the meaning given to “review notice” in paragraph 4 of Schedule 4A of the Act. 4. EFFECT OF THIS SUPPLEMENTAL AGREEMENT ON THE CONTRACTThe parties agree that the Contract, as amended by this Supplemental Agreement, shall remain in ful
15、l force and effect in accordance with its terms, and with effect from and including the date hereof and during the period in which the amendments made by this Supplemental Agreement are to have effect, all references in the Contract to the Contract, herein, hereof, hereunder and other similar expres
16、sions shall, unless the context requires otherwise, be read and construed as a reference to the Contract as amended by this Supplemental Agreement.5. LAWThis Supplemental Agreement shall be governed by, construed and given effect to in all respects in accordance with the laws of England and Wales/Sc
17、otland delete as appropriate.6. THIRD PARTY RIGHTSNo person who is not a party to this Supplemental Agreement shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Supplemental Agreement.7. COUNTERPARTSThis Supplemental Agreement may be executed in a
18、ny number of counterparts, each of which when executed and delivered shall constitute an original, but all the counterparts shall together constitute one and the same instrument.IN WITNESS of which Network Rail and the Train Operator have, by their duly authorised representatives, respectively entered into this Supplemental Agreement on the date first above written.SIGNED BY)for and on behalf of NETWORK RAIL INFRASTRUCTURE LIMITED )SIGNED BY)for and on behalf of Relevant Train Operator)4 6975135
Template supplemental agreement (MS Word version)：模板的补充协议（MS Word版）
