Common use of Variation or Cancellation of Train Paths Clause in Contracts

Variation or Cancellation of Train Paths. 36 9.1 Examples of Temporary Variations of Train Paths by the giving of Instructions by ARTC 36 9.2 Permanent Variations to Scheduled Train Paths by Agreement Between the Parties 36 9.3 Repairs, Maintenance and Upgrading of the Network 37 9.4 Removal of Train Path for Under-utilisation 38 9.5 Review of Scheduled Train Paths 38 9.6 Cost of Variation 39 9.7 Affect of Variations to Train Paths on Schedule 2 39 9.8 Cancellation of Scheduled Train Paths 39 10 INSPECTION AND AUDIT BY NETWORK ACCESS PROVIDER 42 10.1 Audit Obligation 42 10.2 Non-compliance 42 10.3 Limitations on Audit 43 10.4 Instructions 43 10.5 Monitoring Equipment 43 10.6 Audit by Operator 43 11 EMERGENCIES AND INCIDENTS 44 11.1 “Incident” 44 11.2 Plans for Dealing with Incidents 44 11.3 Compliance with Plans and Directions and with Rail Safety Acts 44 11.4 Notification of Incidents 44 11.5 Investigation of Incidents 44 11.6 Operator’s Report 45 11.7 No Disposal of Equipment 45 11.8 Interim Responsibility for Recovery Costs 45

Variation or Cancellation of Train Paths. 3631 9.1 Examples of Temporary Variations of Train Paths by the giving of Instructions by ARTC 36 31 9.2 Permanent Variations to Scheduled Train Paths by Agreement Between the Parties 36 31 9.3 Repairs, Maintenance and Upgrading of the Network 37 32 9.4 Removal of Train Path for Under-utilisation 38 33 9.5 Review of Scheduled Train Paths 38 33 9.6 Cost of Variation 39 34 9.7 Affect of Variations to Train Paths on Schedule 2 39 34 9.8 Cancellation of Scheduled Train Paths 39 34 10 INSPECTION AND AUDIT BY NETWORK ACCESS PROVIDER 42 37 10.1 Audit Obligation 42 37 10.2 Non-compliance 42 37 10.3 Limitations on Audit 43 38 10.4 Instructions 43 38 10.5 Monitoring Equipment 43 38 10.6 Audit by Operator 43 38 11 EMERGENCIES AND INCIDENTS 44 39 11.1 “Incident” 44 39 11.2 Plans for Dealing with Incidents 44 39 11.3 Compliance with Plans and Directions and with Rail Safety Acts 44 39 11.4 Notification of Incidents 44 39 11.5 Investigation of Incidents 44 39 11.6 Operator’s Report 45 40 11.7 No Disposal of Equipment 45 40 11.8 Interim Responsibility for Recovery Costs 4540 12 SAFETY STANDARDS 41 12.1 Compliance by the Parties 41 12.2 Notification of Breach 41 12.3 Provision of Safeworking Rules 42 13 ENVIRONMENTAL REQUIREMENTS; DANGEROUS GOODS 43 13.1 Compliance with Environmental Requirements 43 13.2 Environmental Management Plans 43 13.3 Notification of Carriage of Certain Materials 43 13.4 Notification of Incident involving Dangerous Goods 43 13.5 Notification of Environmental Condition 43