Common use of Emergency Response Plan Clause in Contracts

Emergency Response Plan. (a) Before the commencement of any Train Services the End User must cause the Operator to develop and submit to Aurizon Network a plan (Emergency Response Plan) which: (i) contains the set of procedures developed by the Operator which are adequate for dealing with an Incident, including all actions to be taken to minimise or alleviate any threat or danger to any person or property or the environment; (ii) must at all times during the Term be compatible with the Emergency Procedures and this Agreement. (b) If Aurizon Network is not reasonably satisfied that the Emergency Response Plan submitted under clause 25.1(a) complies with clause 25.1(a), then, within 10 Business Days after receipt of the Emergency Response Plan under clause 25.1(a), Aurizon Network must notify the End User. (c) If Aurizon Network gives a notice under clause 25.1(b) and the Parties cannot agree on a mutually acceptable course of action to address Aurizon Network’s concerns within 10 Business Days after the date of Aurizon Network’s notice under clause 25.1(b), then either Party may refer the matter to an Expert for determination in accordance with clause 35.3. (d) If a matter is referred to an Expert for determination as contemplated in clause 25.1(c), then: (i) the Expert is required to determine whether or not the Emergency Response Plan: (A) is reasonably compatible with the Emergency Procedures and this Agreement; and (B) otherwise complies with clause 25.1(a); and (ii) if the Expert determines that the Emergency Response Plan: (A) is not compatible with the Emergency Procedures and otherwise complies with clause 25.1(a), then the Expert must determine how the non-compliance should be rectified and the End User must cause the Operator to rectify the Emergency Response Plan accordingly; or (B) is compatible with the Emergency Procedures and otherwise complies with clause 25.1(a), then the Emergency Response Plan must be treated as complying with clause 25.1(a). (e) If, after receipt of an Emergency Response Plan under clause 25.1(a), Aurizon Network does not give the End User a notice under, and within the time required by, clause 25.1(b), then the Emergency Response Plan will be taken to be the Emergency Response Plan given to Aurizon Network under clause 25.1(a).

Emergency Response Plan. (a) Before the commencement of any Train Services the End User Operator must cause the Operator to develop and submit to Aurizon Network a plan (Emergency Response Plan) which: (i) contains the set of procedures developed by the Operator which are adequate for dealing with an Incident, including all actions to be taken to minimise or alleviate any threat or danger to any person or property or the environment; (ii) must at all times during the Term be compatible with the Emergency Procedures and this Agreement. (b) If Aurizon Network is not reasonably satisfied that the Emergency Response Plan submitted under clause 25.1(a) 0 complies with clause 25.1(a21.1(a), then, within 10 Business Days after receipt of the Emergency Response Plan under clause 25.1(a21.1(a), Aurizon Network must notify the End UserOperator. (c) If Aurizon Network gives a notice under clause 25.1(b21.1(b) and the Parties cannot agree on a mutually acceptable course of action to address Aurizon Network’s concerns within 10 Business Days after the date of Aurizon Network’s notice under clause 25.1(b21.1(b), then either Party may refer the matter to an Expert for determination in accordance with clause 35.330.3. (d) If a matter is referred to an Expert for determination as contemplated in clause 25.1(c), then:in (i) the Expert is required to determine whether or not the Emergency Response Plan: (A) is reasonably compatible with the Emergency Procedures and this Agreement; and (B) otherwise complies with clause 25.1(a21.1(a); and (ii) if the Expert determines that the Emergency Response Plan: : (A) is not compatible with the Emergency Procedures and otherwise complies with clause 25.1(a21.1(a), then the Expert must determine how the non-compliance should be rectified and the End User Operator must cause the Operator to rectify the Emergency Response Plan accordingly; or (B) is compatible with the Emergency Procedures and otherwise complies with clause 25.1(a), then the Emergency Response Plan must be treated as complying with clause 25.1(a). (e) If, after receipt of an Emergency Response Plan under clause 25.1(a), Aurizon Network does not give the End User a notice under, and within the time required by, clause 25.1(b), then the Emergency Response Plan will be taken to be the Emergency Response Plan given to Aurizon Network under clause 25.1(a).

Emergency Response Plan. (a) Before the commencement of any Train Services the End User Operator must cause the Operator to develop and submit to Aurizon Network a plan (Emergency Response Plan) which: (i) contains the set of procedures developed by the Operator which are adequate for dealing with an Incident, including all actions to be taken to minimise or alleviate any threat or danger to any person or property or the environment;; and (ii) must at all times during the Term be compatible with the Emergency Procedures and this Agreement. (b) If Aurizon Network is not reasonably satisfied that the Emergency Response Plan submitted under clause 25.1(a22.1(a) complies with clause 25.1(a22.1(a), then, within 10 Business Days after receipt of the Emergency Response Plan under clause 25.1(a22.1(a), Aurizon Network must notify the End UserOperator. (c) If Aurizon Network gives a notice under clause 25.1(b22.1(b) and the Parties cannot agree on a mutually acceptable course of action to address Aurizon Network’s concerns within 10 Business Days after the date of Aurizon Network’s notice under clause 25.1(b22.1(b), then either Party may refer the matter to an Expert for determination in accordance with clause 35.332.3. (d) If a matter is referred to an Expert for determination as contemplated in clause 25.1(c), then:in (i) the Expert is required to determine whether or not the Emergency Response Plan: (A) is reasonably compatible with the Emergency Procedures and this Agreement; and (B) otherwise complies with clause 25.1(a22.1(a); and (ii) if the Expert determines that the Emergency Response Plan: (A) is not compatible with the Emergency Procedures and otherwise complies with clause 25.1(a22.1(a), then the Expert must determine how the non-compliance should be rectified and the End User Operator must cause the Operator to rectify the Emergency Response Plan accordingly; or (B) is compatible with the Emergency Procedures and otherwise complies with clause 25.1(a22.1(a), then the Emergency Response Plan must be treated as complying with clause 25.1(a22.1(a). (e) If, after receipt of an Emergency Response Plan under clause 25.1(a22.1(a), Aurizon Network does not give the End User Operator a notice under, and within the time required by, clause 25.1(b22.1(b), then the Emergency Response Plan will be taken to be the Emergency Response Plan given to Aurizon Network under clause 25.1(a22.1(a).