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The Chiltern Railway Company Limited Franchise Agreement - Gov.uk

The Chiltern Railway Company Limited Franchise Agreement - Gov.uk

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«COPY»<br />

FRANCHISE AGREEMENT –<br />

M40/CHILTERN<br />

carry on such a journey an item of luggage or an animal<br />

(where this right does not arise under the relevant<br />

conditions of carriage except on the payment of a fee)<br />

and, where applicable, to obtain goods or services from a<br />

person.<br />

“Fare Year” means the period from 1 January in any year to 31<br />

December in the same year.<br />

“Feasibility Study” means a feasibility study prepared in relation to a Change<br />

by or on behalf of the <strong>Franchise</strong> Operator or the Authority,<br />

as provided for under this <strong>Franchise</strong> <strong>Agreement</strong>, which<br />

study shall be subject to the provisions of Part 1 of<br />

Schedule 9.<br />

“Financial Year” means the period from 1 April in any year to 31 March in<br />

the following year.<br />

“Fixed <strong>Franchise</strong> Payment” has the meaning ascribed to that term in Part 1 of<br />

Schedule 6.<br />

13 "Fourth Supplemental" means the Fourth Supplemental SG <strong>Agreement</strong> to the<br />

Track Access <strong>Agreement</strong> of the <strong>Franchise</strong> Operator<br />

on or about 16 th December 2004;<br />

“Force Majeure Event” means any of the events described as such in<br />

Clause 5.4I.<br />

“Forecast Demand” means, where applicable, the number of passengers<br />

reasonably expected to travel in Standard Class<br />

Accommodation on the Passenger Services provided by<br />

the <strong>Franchise</strong> Operator for the remainder of the<br />

<strong>Franchise</strong> Term, having regard to the level of demand for<br />

the Passenger Services at the relevant time (the relevant<br />

time being, for this purpose, the time at which the<br />

Forecast Demand is being, or is due to be, forecast<br />

following the relevant passenger counts under this<br />

<strong>Franchise</strong> <strong>Agreement</strong>) and any information available as<br />

to the likely future level of demand, including such<br />

information as the Authority may indicate to the <strong>Franchise</strong><br />

Operator from time to time.<br />

“Forecast Period” has the meaning ascribed to that term under<br />

Clause 6.6(a)(i).<br />

“<strong>Franchise</strong> <strong>Agreement</strong>” means this agreement, as amended from time to time,<br />

whether by the addition of the <strong>Franchise</strong> Operator as a<br />

party or otherwise.<br />

“<strong>Franchise</strong> Assets” means the property, rights and liabilities designated as<br />

such pursuant to Clause 32.1 but excluding such<br />

property, rights or liabilities as may, in accordance with<br />

the terms of, or by an amendment made to, this<br />

13 Date of Change DOA 2004<br />

PAGE 13 PART 1

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