WatcherZero
Established Member
- Joined
- 25 Feb 2010
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May I ask if there have ever been other such clause insertions that specifically favour one such particular product?
Only one I can think of is Arriva Trains Wales which included that they had to trial ERTMS.
Part XI
11. ERTMS
11.1 In full expectation that the proposed trial of ERTMS equipment on the line between Machynlleth Station and Dovey Junction will proceed, the Franchise Operator agrees in principle and subject as hereinafter provided to participate in a programme which will include, without limitation, procurement, train fitment, testing, obtaining approvals, training Operation ('ERTMS Trial'). The Franchise Operator agrees at the Authority's request to enter in to good faith negotiations with the Authority and National ERTMS Project Team regarding the scope and terms of the Franchise Operator's participation in the ERTMS Trial (including as to the costs payable to the Franchise Operator) on the basis of the Authority's specification for the ERTMS trial dated 15th May 2003 and the Franchisees proposal in response (including as to the costs payable) dated 9th June 2003 ('ERTMS Proposal') as set out in the agreed terms and marked "ERTMS", with the aim of concluding such negotiations and entering in to a formal agreement recording such terms no later than 30th April 2004 or such later date as the parties may agree. The parties acknowledge and agree the Authority's specification for the ERTMS Trial will need to be amended and the Franchise Operator agrees to negotiate such changes in good faith and on the basis of the ERTMS Proposal and with the intent that there is a clear linkage between the ERTMS Proposal and the costs payable to the Franchise Operator. Following agreement of scope and terms, the Franchise Operator will proceed with the ERTMS Trial in accordance with such terms.
Whoever wrote that clause was no poet :P