Access Holder remedy of Operator breach. If the Operator has breached the agreement then the Access Holder, at its election, may seek to remedy the breach in accordance with clause 15.5.
Access Holder remedy of Operator breach. If the Operator has breached the agreement then the Access Holder, at its election, may seek to remedy the breach in accordance with clause 15.6. Insurance Operator’s Obligation to obtain and maintain Insurance The Operator must: effect, or cause to be effected, before the Commitment Date (or, if applicable, the earliest Commitment Date); and maintain, or cause to be maintained, until both the expiry of the Term and the Operator having fully complied with clause 15.11, insurances in accordance with Prudent Practices having regard to the Operator’s activities, works, obligations and responsibilities under this agreement (including insurances covering all risks of an insurable nature in respect of which the Operator is obliged to indemnify Queensland Rail under this agreement) provided that such insurances must include (without limitation): a public liability policy of insurance: that covers the Operator and each of the Operator’s agents, consultants, contractors and their sub-contractors (each an Insured Party); for an amount of not less than $350 million per occurrence; the coverage of which includes (without limitation): the rights, interests and liability in respect of any Claim against an Insured Party arising out of: any damage or loss occurring to any property; and injury (including death) to any person, arising out of or in connection with any thing done or omitted to be done in the performance or purported performance of this agreement; and the Operator’s operations and activities on the Network; and that has a maximum deductible for any one claim of $500,000; a carrier liability policy of insurance: that covers the Operator’s liability in relation to goods being transported by Train Services; for an amount of not less than $10 million per occurrence; and that has a maximum deductible for any one claim of $500,000; and all other insurances that the Operator or the Operator’s agents, consultants, contractors and their sub-contractors are required by Law to hold in relation to or in connection with the exercise of rights or the performance of obligations under this agreement. Access Holder’s obligation to obtain and maintain Insurance The Access Holder must: effect and maintain insurance covering such liability as arises at common law or by virtue of any relevant Workers Compensation Legislation in respect of any Access Holder’s staff; and effect, or cause to be effected, before the Commitment Date (or, if applicable, the earliest Commitment Date); an...
