Network Statement 2023 – June 2022 edition c)
failure to request - for each year of the term of the Framework Agreement - the train paths corresponding to the capacity characteristics under the Framework Agreement, in accordance with the timeframe and procedures referred to in paragraph 4.5.1; d) failure by the Applicant (if a RU) or the RU appointed by the Applicant, to enter into a Access Contract for each year of the term of the Framework Agreement - concerning the train paths notified by the IM, in accordance with paragraph 4.6.4, as long as they are objectively consistent with the capacity characteristics under the Framework Agreement; e) violation of the preceding no assignment clause (paragraph 3.3.1.2); f) any other termination condition contemplated in the Framework Agreement; g) failed or delayed presentation by the Applicant (if a RU), or by the designated undertaking, of the documents referred to paragraph 3.3.1, letter b), points 8 and 9; h) termination of the access contract due to the Applicant (if a RU) or the designated RU; i) failed establishment (or re-establishment/adjustment) of the bond referred to in paragraph 3.3.1.1. above. In the above-mentioned cases, legal termination of the contract shall occur after notification by the IM, to be forwarded by registered letter with proof of receipt or via CEM. In all cases of termination through fault of the Applicant, the IM shall enforce the performance bond, provided in accordance with paragraph 3.3.1.1 above, as damages with respect to the contract, without prejudice to any other indemnity that may be due. The capacity under the terminated Framework Agreement shall be made available to the other Applicants.
3.3.2 Access Contracts Railway undertakings holding a suitable Licence and Safety Certificate for passenger and freight services are required to enter into separate access contracts, if they intend to carry on both types of transport services.
3.3.2.1 Documents, Formalities and Timescale for the conclusion of access contracts between the IM and the RU (updated in December 2021 and June 2022) On obtaining the availability of the train paths and services, according to the process stipulated in Section 4 hereunder, the Railway Undertaking shall produce the documents as follows, in order to formalize the Access Contract of the infrastructure, which is the formal document for the allocation of train paths and services: • a certified true copy of the suitable Licence for the services it intends to provide (on the occasion of the conclusion of the first Access Contract with the RU), signed by the legal representative; • a certified true copy of the entitlement document, if required under the applicable regulations; • True copy (or authenticated copy) of the Safety Certificate; • a statement replacing the certificate of registration with the Chamber of Commerce, according to the layout indicated by the IM. This statement shall also contain a reference to the power of attorney, or similar instruments, connected with the conclusion and signing of the contracts; • a declaration of cover issued by the insurance Company, consistently with the format indicated by the IM in annex 6 hereto or a certified true copy of the insurance policy (the copy must be accompanied by a certificate of conformity to the original document), consistently with paragraph 3.3.2.3 herein; • a list of contacts – including their address, position, name and telephone number – appointed to provide and receive communications relating to: new requests for paths and services, postponement of train departures, requests for additional stops, changes to train formation (as compared to those relating to the allocated paths), non-usage of allocated paths, notification of path variations or cancellations by the IM, train accidents, strikes, clearance of blockages, information systems, verification of the delivered services, reporting of delivered services and billings, deployment of backup/emergency vehicles and rolling stock, in accordance with NS. These documents must be received by the IM within the timescales as follow, in respect of the start date of the service:
SECTION 3 ACCESS CONDITIONS
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