Common use of Exercise of Credit Support Clause in Contracts

Exercise of Credit Support. (a) The Credit Support will be held by ARTC as security for the performance of the obligations of the Access Holder under this agreement and may be called upon by ARTC in any circumstances in which ARTC suffers any loss as a result of default by the Access Holder under this agreement. (b) If ARTC holds Security, and it calls on the Security, the Access Holder will promptly provide a replacement Security for the amount drawn or exercised by ARTC against the Security. (c) Nothing in this clause 7.3 limits ARTC’s entitlement to recover the full amount of ARTC’s loss as a result of default by the Access Holder under this agreement. 8 Control and management of access to the Network 8.1 ARTC to control As between the parties, control of the Network and management of access to the Network, remains at all times with ARTC. ARTC will control the Network in the manner described in this agreement and the Operator Sub-Agreements. 8.2 Warranty of entitlement to grant access ARTC warrants that it is entitled to grant to the Access Holder all of the Access ▇▇▇▇▇▇’s rights of access to the Network described in this agreement (but in the case of that part of the Network owned or managed by another person, subject to the terms by which that other person permits the Access Holder access to such part of the Network or by which that other person permits ARTC to allow the Access Holder to have access to such part of the Network). 8.3 Network Access provider’s obligations ARTC agrees at all times during the Term: (a) to undertake the function of Network Control over the Network; (b) to comply with the Network Management Principles; (c) to have Associated Facilities in place to enable an Operator to use the Train Paths on the terms of this agreement; (d) to receive, record and collate information from an Operator and other users of the Network for the purposes of generating the invoices referred to in clause 5 and more effectively exercising the functions referred to in clauses 8.3(a) and (b); (e) to maintain and operate the Network Control Centre and a communication system for the purpose of communication with an Operator and other users of the Network, and to facilitate an Operator’s access to that communication system; (f) to use its best endeavours to provide an Operator with details, as soon as reasonably practicable of all Incidents which have affected or could potentially affect the ability of any Train to retain its Path Usage, or else affect its security or safety or the security and safety of the freight or passengers; and (g) to comply with all applicable Acts of the Commonwealth and State Parliaments, subordinate legislation, municipal by-laws and other laws in any way applicable to ARTC’s management, control and ownership of the Network.

Exercise of Credit Support. (a) The Credit Support will be held by ARTC as security for the performance of the obligations of the Access Holder under this agreement and may be called upon by ARTC in any circumstances in which ARTC suffers any loss as a result of default by the Access Holder under this agreement. (b) If ARTC holds Security, and it calls on the Security, the Access Holder will promptly provide a replacement Security for the amount drawn or exercised by ARTC against the Security. (c) Nothing in this clause 7.3 limits ARTC’s entitlement to recover the full amount of ARTC’s loss as a result of default by the Access Holder under this agreement. 8 Control and management of access to the Network 8.1 ARTC to control As between the parties, control of the Network and management of access to the Network, remains at all times with ARTC. ARTC will control the Network in the manner described in this agreement and the Operator Sub-Agreements. 8.2 Warranty of entitlement to grant access ARTC warrants that it is entitled to grant to the Access Holder all of the Access ▇▇▇▇▇▇Holder’s rights of access to the Network described in this agreement (but in the case of that part of the Network owned or managed by another person, subject to the terms by which that other person permits the Access Holder access to such part of the Network or by which that other person permits ARTC to allow the Access Holder to have access to such part of the Network). 8.3 Network Access provider’s obligations ARTC agrees at all times during the Term: (a) to undertake the function of Network Control over the Network; (b) to comply with the Network Management Principles; (c) to have Associated Facilities in place to enable an Operator to use the Train Paths on the terms of this agreement; (d) to receive, record and collate information from an Operator and other users of the Network for the purposes of generating the invoices referred to in clause 5 and more effectively exercising the functions referred to in clauses 8.3(a) and (b); (e) to maintain and operate the Network Control Centre and a communication system for the purpose of communication with an Operator and other users of the Network, and to facilitate an Operator’s access to that communication system; (f) to use its best endeavours to provide an Operator with details, as soon as reasonably practicable of all Incidents which have affected or could potentially affect the ability of any Train to retain its Path Usage, or else affect its security or safety or the security and safety of the freight or passengers; and (g) to comply with all applicable Acts of the Commonwealth and State Parliaments, subordinate legislation, municipal by-laws and other laws in any way applicable to ARTC’s management, control and ownership of the Network.