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ITEM EX22 - ANNEX 1

EXECUTIVE – 19 MARCH 2002

A422 BANBURY, HENNEF WAY DUALLING

Extract from 1 July 1983 Agreement between British Railways Board and Oxfordshire County Council

"If the Board at any time or times after completion of the Works require to carry out any operation widening or alteration to the railway under the new bridge or the approaches thereto on lands vested in the Board or under powers possessed by them at the date of this Agreement the Council shall repay to the Board on demand any additional expense which shall be certified by the Board’s Engineer to have been incurred by the Board owing to the carrying out of the Works and shall at their own expense and to the satisfaction of the Board’s Engineer make any necessary alterations to the new bridge and upon completion thereof the new bridge as altered shall become subject to the provisions of this Agreement in substitution for the original works or a part thereof as the case may be".

Extract from Proposed Agreement between Railtrack plc and Oxfordshire County Council

"24.1 If in consequence of the construction of the Widened Bridge Railtrack at any time after the completion of the Works incurs additional expense in connection with the widening operation or alteration of the Railway on lands now vested in it or possessed by it or in the exercise of powers now possessed by it such additional expense shall be defrayed by the Council in accordance with Clause 13; and

24.2 Widened Bridge in connection with the widening operation or alteration any alterations to the of the Railway shall be carried out by and at the cost of the Council and subject to the terms of this Agreement but;

    1. If the Council so agrees Railtrack may carry out such alterations at the cost of the Council as Railtrack deems necessary and on completion the altered bridge shall be subject to the terms of this Agreement. The Council shall pay Railtrack’s costs in accordance with Clause 13".

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