Management of Incident Response Clause Samples
The Management of Incident Response clause outlines the procedures and responsibilities for addressing security incidents or breaches within an organization. It typically specifies how incidents should be reported, who is responsible for coordinating the response, and the steps to be taken to contain, investigate, and remediate the issue. By establishing clear protocols and accountability, this clause ensures a swift and organized reaction to incidents, minimizing potential damage and ensuring compliance with legal or regulatory requirements.
Management of Incident Response. (a) Aurizon Network will be responsible for the overall coordination and management of the response to an Incident (including notifying all relevant emergency services) so that Restoration and Recovery are effected as soon as practicable.
(b) The Operator must arrange Recovery and must cooperate with and assist Aurizon Network in Restoration. The Operator will be responsible for effecting timely Recovery in accordance with the Operator’s Emergency Response Plan. Where Aurizon Network reasonably believes that more timely recommencement of Train Movements can be achieved by Aurizon Network, then Aurizon Network may, subject to using reasonable efforts to consult with the Operator, take such action as is reasonably necessary (including the use of a Railway Operator’s Rollingstock to clear the Operator’s Rollingstock) and recover such reasonable direct costs incurred by Aurizon Network in doing so. The Operator must pay to Aurizon Network such reasonable direct costs incurred by Aurizon Network.
(c) If an Incident occurs the Operator will as soon as reasonably practicable notify Aurizon Network and:
(i) take action as soon as reasonably practicable in respect of an Incident to prevent or minimise the occurrence of injury to any person or damage to any property (including environmental damage) where there is an imminent risk of such injury or damage but otherwise take no action without the prior approval of Aurizon Network, which approval shall not be unreasonably withheld; and
(ii) comply with the directions of Aurizon Network in respect of the coordination and management of Restoration and Recovery.
(i) Both Parties must use all reasonable endeavours to ensure that any property damage or delays to the recommencement of Train Movements arising from Restoration or Recovery are minimised provided that Aurizon Network, subject to Aurizon Network using reasonable efforts to consult with the Operator, will have the right to take such action (including to give directions to the Operator and the Operator’s Staff and to remove or require the Operator to remove any of its Rollingstock) as Aurizon Network considers reasonably necessary to recommence Train Movements as soon as practicable and, subject to Clause 8.4(d)(iii) and (iv), Aurizon Network shall have no liability for any damage to or loss of freight or Rollingstock caused by such actions.
(ii) Where pursuant to Clause 8.4(d)(ii) Aurizon Network seeks to remove or require the Operator to remove any Relevant Rolli...
Management of Incident Response. (a) (a) QRAurizon Network will be responsible for the overall coordination and management of the response to an Incident (including notifying all relevant emergency services) so that Restoration and Recovery are effected as soon as practicable.
Management of Incident Response. (a) Aurizon Network is responsible for the overall coordination and management of the response to an Incident (including notifying all relevant emergency services) so that Restoration and Recovery are effected as soon as practicable.
(b) If an Incident occurs, the Operator:
(i) is, subject to clause 22.6(c), responsible for effecting Recovery and Retrieval;
(ii) must:
(A) make arrangements to effect Recovery and Retrieval within three hours after the Incident occurred;
(B) cooperate with and assist Aurizon Network in Restoration; and
(C) effect timely Recovery and Retrieval within 12 hours after the Incident occurred (or within such other period as the Parties may agree) in accordance with the Emergency Response Plan.
(c) If an Incident occurs and Aurizon Network reasonably believes that it will be able to effect Recovery more quickly than the Operator, then Aurizon Network may, subject to using reasonable efforts to consult with the Operator:
(i) take such action as is reasonably necessary (including the use of a Railway Operator’s Rollingstock to clear the Operator’s Rollingstock) to effect Recovery; and
(ii) recover such reasonable costs incurred by Aurizon Network in doing so. Subject to clause 8.4, the Operator must, upon demand, pay to Aurizon Network such reasonable costs incurred by Aurizon Network.
(d) If an Incident occurs, then the Operator must, as soon as reasonably practicable, notify Aurizon Network and:
(i) take action as soon as reasonably practicable in respect of an Incident to prevent or minimise injury to any person or damage to any property (including harm to the Environment) where there is an imminent risk of such injury or damage, but otherwise take no action without the prior approval of Aurizon Network (not to be unreasonably withheld); and
(ii) comply with the directions of Aurizon Network in respect of the coordination and management of Recovery, Retrieval and Restoration.
(e) Subject to clause 22.6(f), each Party must use all reasonable endeavours to ensure that any property damage, actual or potential harm to the Environment or delays to the recommencement of Train Movements arising from Restoration or Recovery are minimised.
(f) Aurizon Network may, subject to Aurizon Network using reasonable efforts to first consult with the Operator about such action, take such action (including to give directions to the Operator and the Operator’s Staff and to remove or require the Operator to remove any of its Rollingstock from the Nomina...
Management of Incident Response. (a) Aurizon Network is responsible for the overall coordination and management of the response to an Incident (including notifying all relevant emergency services) so that Restoration and Recovery are effected as soon as practicable.
(b) If an Incident occurs:
(i) the End User is, subject to clause 25.6(c), responsible for effecting Recovery and Retrieval;
(ii) the End User must (or must cause the Operator to):
(A) make arrangements to effect Recovery and Retrieval within three hours after the Incident occurred;
(B) cooperate with and assist Aurizon Network in Restoration; and
(C) effect timely Recovery and Retrieval within 12 hours after the Incident occurred (or within such other period as the Parties may agree) in accordance with the Emergency Response Plan.
(c) If an Incident occurs and Aurizon Network reasonably believes that it will be able to effect Recovery more quickly than the End User or the Operator, then Aurizon Network may, subject to using reasonable efforts to consult with the End User:
(i) take such action as is reasonably necessary (including the use of a Railway Operator’s or the End User’s Rollingstock to clear the Operator’s Rollingstock) to effect Recovery; and recover such reasonable costs incurred by Aurizon Network in doing so. Subject to clause 5.4, the End User must, upon demand, pay to Aurizon Network such reasonable and direct costs incurred by Aurizon Network.
(ii) Deleted: T