Additional Rights and Obligations of the Concessionaire. The Concessionaire shall have the additional rights and obligations as set out in this clause 7.8 as Network Operator of the Xxxxxxx Rail Line. 7.8.1. The Concessionaire shall have the right at any time to inspect the Private Siding (subject to prior written notification and, if requested by the Private Siding Operator, a representative of the Private Siding Operator must be present) so as to ensure that the Private Siding Operator is complying with the obligations imposed upon it in terms of this Agreement. 7.8.2. Should the Concessionaire resolve, after the inspection of the Private Siding, that it is necessary for repairs, maintenance, changes or additions to be effected to the Private Siding in order to ensure that it is in a good and safe operating condition as set forth in the Operations And Safety Requirements or any Applicable Requirements, the Concessionaire shall inform the Private Siding Operator thereof in writing and the Private Siding Operator shall forthwith thereafter be obliged to comply with such requirements at the Private Siding Operator’s cost. 7.8.3. If the Concessionaire, after an inspection is of the opinion that safety will be compromised, it may suspend with immediate effect all operations to and from the Private Siding. 7.8.4. Should the Private Siding Operator, after 7 (seven) days, or such longer period as agreed to between the Parties, fail to comply with the request from the Concessionaire as contemplated in clause 7.8.2, the Concessionaire shall be entitled to remove its Rolling Stock from the Private Siding and suspend all operations to and from the Private Siding. 7.8.5. When the Concessionaire deem it necessary, and acting reasonably, in consultation with the Private Siding Operator:- a) for the safe and effective handling of its Rolling Stock that a suitable shunting yard, marshalling yard, Exchange Yard, additional track or any change or addition should be effected to the Private Siding; or b) to use electrical tractive power for the handling of traffic on or over the Private Siding; the works shall be performed according to the Concessionaire’s own standards and upon such terms and conditions as may have been agreed upon between the Parties which shall include the manner and detail of the alterations and the costs of financing thereof.
Appears in 3 contracts
Samples: Safety Interface Agreement, Safety Interface Agreement, Safety Interface Agreement
Additional Rights and Obligations of the Concessionaire. The Concessionaire shall have the additional rights and obligations as set out in this clause 7.8 as Network Operator of the Xxxxxxx Kakamas Rail Line.
7.8.1. The Concessionaire shall have the right at any time to inspect the Private Siding (subject to prior written notification and, if requested by the Private Siding Operator, a representative of the Private Siding Operator must be present) so as to ensure that the Private Siding Operator is complying with the obligations imposed upon it in terms of this Agreement.
7.8.2. Should the Concessionaire resolve, after the inspection of the Private Siding, that it is necessary for repairs, maintenance, changes or additions to be effected to the Private Siding in order to ensure that it is in a good and safe operating condition as set forth in the Operations And Safety Requirements or any Applicable Requirements, the Concessionaire shall inform the Private Siding Operator thereof in writing and the Private Siding Operator shall forthwith thereafter be obliged to comply with such requirements at the Private Siding Operator’s cost.
7.8.3. If the Concessionaire, after an inspection is of the opinion that safety will be compromised, it may suspend with immediate effect all operations to and from the Private Siding.
7.8.4. Should the Private Siding Operator, after 7 (seven) days, or such longer period as agreed to between the Parties, fail to comply with the request from the Concessionaire as contemplated in clause 7.8.2, the Concessionaire shall be entitled to remove its Rolling Stock from the Private Siding and suspend all operations to and from the Private Siding.
7.8.5. When the Concessionaire deem it necessary, and acting reasonably, in consultation with the Private Siding Operator:-
a) for the safe and effective handling of its Rolling Stock that a suitable shunting yard, marshalling yard, Exchange Yard, additional track or any change or addition should be effected to the Private Siding; or
b) to use electrical tractive power for the handling of traffic on or over the Private Siding; the works shall be performed according to the Concessionaire’s own standards and upon such terms and conditions as may have been agreed upon between the Parties which shall include the manner and detail of the alterations and the costs of financing thereof.
Appears in 1 contract
Samples: Safety Interface Agreement