Common use of Nominated Operators Clause in Contracts

Nominated Operators. (a) The Access Holder has nominated, and ARTC has approved, the Accredited Operators specified in the Train Path Schedule to use each Train Path according to the Daily Train Plan. (b) The Access Holder may nominate, on at least 48 hours’ written notice, an Operator already approved by ARTC under this agreement to be an Operator for another Path Usage or Train Path. ARTC may refuse the nomination if: (i) the Operator is in material breach of an operator sub-agreement; or (ii) the Operator’s Services do not comply with the Services Assumptions applicable to that Train Path. (c) Where an Access Holder has nominated more than one Operator for a Train Path, the Access Holder will, or will procure its Operators, to inform ARTC which Operator is using each Path Usage for that Train Path, in accordance with the ARTC requirements for determining and issuing a Daily Train Plan.

Appears in 2 contracts

Sources: Access Holder Agreement, Access Holder Agreement