Common use of Noise Mitigation Clause in Contracts

Noise Mitigation. (a) In addition to any noise mitigation or management requirements under the IRMP or as otherwise agreed between the Parties, the Operator must pay to Queensland Rail a contribution, as determined by Queensland Rail (acting reasonably), to the costs and expenses incurred by Queensland Rail in relation to any noise mitigation or management measures on the Network, or land adjacent to the Network, that are considered necessary by Queensland Rail (acting reasonably) to comply with noise levels, limits, standards, guidelines or other requirements that Queensland Rail is required to comply with or which are required in order for Queensland Rail to comply with under any applicable Law (Noise Mitigation Requirements). (b) Queensland Rail will (acting reasonably): (i) consult with the Operator prior to Queensland Rail electing to implementing noise mitigation or management measures on the Network, or land adjacent to the Network, to comply with any applicable Noise Mitigation Requirements from time to time; and (ii) notify the Operator of how it will determine the Operator’s contribution to its costs and expenses in relation to any noise mitigation or management measures, including, prior to electing to implement noise mitigation or management measures on the Network, providing to the Operator any tender documents and quotes to support any expenses which Queensland Rail will seek to recover.

Noise Mitigation. (a) In addition to any noise mitigation or management requirements under the IRMP or as otherwise agreed between the Parties, the Operator must pay to Queensland Rail a contribution, as determined by Queensland Rail (acting reasonably), to the costs and expenses incurred by Queensland Rail in relation to any noise mitigation or management measures on the Network, or land adjacent to the Network, that are considered necessary by Queensland Rail (acting reasonably) to comply with noise levels, limits, standards, guidelines or other requirements that Queensland Rail is required to comply with or observe which are required in order for Queensland Rail to comply with under any applicable Law (Noise Mitigation Requirements). (b) . Queensland Rail will (acting reasonably): (i) ): consult with the Operator prior to Queensland Rail electing to implement implementing noise mitigation or management measures on the Network, or land adjacent to the Network, to comply with any applicable Noise Mitigation Requirements from time to time; and (ii) and notify the Operator of how it will determine the Operator’s contribution to its costs and expenses in relation to any noise mitigation or management measures., including, : (A) prior to electing to implement noise mitigation or management measures on the Network, providing provide to the Operator any tender documents and quotes to support any expenses which Queensland Rail will seek to recover.

Noise Mitigation. ‌ (a) In addition to any noise mitigation or management requirements under the IRMP or as otherwise agreed between the Parties, the Operator must pay to Queensland Rail a contribution, as determined by Queensland Rail (acting reasonably), to the costs and expenses incurred by Queensland Rail in relation to any noise mitigation or management measures on the Network, or land adjacent to the Network, that are considered necessary by Queensland Rail (acting reasonably) to comply with noise levels, limits, standards, guidelines or other requirements that Queensland Rail is required to comply with or which are required in order for Queensland Rail to comply with under any applicable Law (Noise Mitigation Requirements).Requirements).‌ (b) Queensland Rail will (acting reasonably): (i) consult with the Operator prior to Queensland Rail electing to implementing noise mitigation or management measures on the Network, or land adjacent to the Network, to comply with any applicable Noise Mitigation Requirements from time to time; and (ii) notify the Operator of how it will determine the Operator’s contribution to its costs and expenses in relation to any noise mitigation or management measures, including, prior to electing to implement noise mitigation or management measures on the Network, providing to the Operator any tender documents and quotes to support any expenses which Queensland Rail will seek to recover.

Noise Mitigation. (a) In addition to any noise mitigation or management requirements under the IRMP or as otherwise agreed between the Parties, the Operator must pay to Queensland Rail a contribution, as determined by Queensland Rail (acting reasonably), to the costs and expenses incurred by Queensland Rail in relation to any noise mitigation or management measures on the Network, or land adjacent to the Network, that are considered necessary by Queensland Rail (acting reasonably) to comply with noise levels, limits, standards, guidelines or other requirements that Queensland Rail is required to comply with or which are required in order for Queensland Rail to comply with under any applicable Law (Noise Mitigation Requirements). (b) Queensland Rail will (acting reasonably): (i) consult with the Operator prior to Queensland Rail electing to implementing noise mitigation or management measures on the Network, or land adjacent to the Network, to comply with any applicable Noise Mitigation Requirements from time to time; and (ii) notify the Operator of how it will determine the Operator’s contribution to its costs and expenses in relation to any noise mitigation or management measures, including, : (A) prior to electing to implement noise mitigation or management measures on the Network, providing provide to the Operator any tender documents and quotes to support any expenses which Queensland Rail will seek to recover.