Conduct of ARTC Sample Clauses

The 'Conduct of ARTC' clause sets out the standards and obligations that ARTC (Australian Rail Track Corporation) must adhere to in performing its duties under the agreement. Typically, this clause requires ARTC to act in good faith, exercise due care and skill, and comply with all relevant laws and regulations when managing rail infrastructure or providing related services. For example, it may specify that ARTC must maintain the rail network to certain safety standards or respond promptly to operational issues. The core function of this clause is to ensure that ARTC's conduct meets agreed expectations, thereby protecting the interests of other parties and promoting reliable, safe, and efficient rail operations.
Conduct of ARTC. (a) In formulating its Indicative Access Charges, ARTC will not differentiate between access holders in circumstances where the characteristics of the Indicative Services are alike. (b) In determining whether the characteristics of two Indicative Services are alike ARTC may have regard to matters including location, duration and quality of the Train Path, nature of Train operating on the Train Path, characteristics of the Indicative Service, longevity of access and impact on Coal Chain Capacity. (c) Without limiting clause 8.4(a), if: (i) ARTC sells a train path for an Indicative Service to a third party (“Third Party Train Path”); and (ii) the Access Holder considers, acting reasonably, that the Third Party Train Path is a like train path when compared to a Train Path for an Indicative Service purchased by it under this agreement (“Like Train Path”); and (iii) the Access Holder has evidence to suggest that the Third Party Train Path has been sold by ARTC for a price less than that charged by ARTC to the Access Holder for the Like Train Path, then the Access Holder may make a written submission to ARTC claiming that the Indicative Access Charges payable by it under this agreement for the Like Train Path should be reduced to that charged by ARTC for the Third Party Train Path, such submission detailing at least the following: (iv) the Indicative Access Charges payable by it for the Like Train Path; (v) why the Like Train Path and the Third Party Train Path are to be considered like train paths in the context of clause 8.4(a); (vi) the Indicative Access Charges that the Access Holder asserts ARTC is charging the third party for the Third Party Train Path. (d) ARTC will, within 30 days of receipt of a written submission under (i) it agrees with the submission and that the Access Holder’s Indicative Access Charges have been reduced accordingly; or (ii) it disagrees with the submission and the reasons why. (e) In the event that the Access Holder does not agree with ARTC’s decision under clause 8.4(d)(ii) and the reasons for it, the Access Holder may give ARTC a notice under clause 14 whereupon the dispute will be resolved in accordance with clause 14.
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Conduct of ARTC. Not used
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Conduct of ARTC. Without limiting clause 8.4(a), if:
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Conduct of ARTC a) ARTC will use all reasonable endeavours to submit an Access Undertaking in respect of the Network by [ ].
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Related to Conduct of ARTC

  • Applicability of Article Securities of any series which are redeemable before their Stated Maturity shall be redeemable in accordance with their terms and (except as otherwise specified as contemplated by Section 301 for such Securities) in accordance with this Article.

  • Application of Article This Article is intended only as a basis of calculating overtime payments, and nothing in this Agreement shall be construed as a guarantee of hours of work per day, week, tour of duty, work period or year.

  • Applicability of Article; Company’s Option to Effect Defeasance or Covenant Defeasance If, pursuant to Section 3.1, provision is made for either or both of (a) Defeasance of the Securities of a series under Section 13.2 or (b) Covenant Defeasance of the Securities of a series under Section 13.3, then the provisions of such Section or Sections, as the case may be, together with the other provisions of this Article XIII, shall be applicable to the Securities of such series, and the Company may at its option by Board Resolution or in any other manner specified as contemplated by Section 3.1, at any time, with respect to the Securities of such series, elect to have either Section 13.2 (if applicable) or Section 13.3 (if applicable) be applied to the Outstanding Securities of such series upon compliance with the conditions set forth below in this Article XIII.

  • Titles of Articles, Sections and Subsections All titles or headings to articles, sections, subsections or other divisions of this Agreement and the other Loan Documents or the exhibits hereto and thereto are only for the convenience of the parties and shall not be construed to have any effect or meaning with respect to the other content of such articles, sections, subsections or other divisions, such other content being controlling as to the agreement between the parties hereto.

  • Titles of Articles and Sections Any titles of the several parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions.