Common use of Alterations to Train Services by Operator Clause in Contracts

Alterations to Train Services by Operator. (a) Unless Aurizon Network has already given the Operator a Train Control Direction under clause 16.3(a) in respect of a Train Service, the Operator must notify Aurizon Network as soon as reasonably practicable after it decides not to, or becomes aware that it will be unable to, operate a Train Service which is scheduled in the Daily Train Plan and specify the End User for that Train Service. (b) If the Operator gives Aurizon Network a notice in accordance with clause 16.2(a) in respect of a Train Service: (i) more than 48 hours before the time for the commencement of the operation of that Train Service as scheduled in the Daily Train Plan (Original Scheduled Time), then Aurizon Network must, unless the Train Service has already been rescheduled in accordance with this clause 16.2 or 16.3, use reasonable endeavours to reschedule that Train Service to commence to operate at a time, within 48 hours before or after the Original Scheduled Time for that Train Service, that is reasonably acceptable to the Operator; and (ii) less than 48 hours before the Original Scheduled Time for that Train Service, Aurizon Network may reschedule the Train Service to operate at a time prior to, or within 48 hours after, the Original Scheduled Time for that Train Service, that is reasonably acceptable to the Operator, provided that: (iii) Aurizon Network is under no obligation to alter the Scheduled Times for any other Train Movements; and (iv) Aurizon Network has no obligation to the Operator to provide an alternative Scheduled Time where the End User has nominated another Accredited Railway Operator to operate the relevant Train Service. (c) If Aurizon Network reschedules a Train Service in accordance with clause 16.2(b), then Aurizon Network must notify the Operator (by way of a Train Control Direction) of the revised Scheduled Time for that Train Service. (d) If: (i) the Operator does not give Aurizon Network a notice in accordance with clause 16.2(a) in respect of a Train Service and does not operate that Train Service; or (ii) the Operator gives Aurizon Network a notice in accordance with (A) if clause 16.2(b)(i) applies, Aurizon Network is unable to reschedule the Train Service in accordance with clause 16.2(b)(i); or (B) if clause 16.2(b)(ii) applies, Aurizon Network does not reschedule the Train Service in accordance with clause 16.2(b)(ii), then: (iii) the Train Service will be taken to be cancelled by the Operator; (iv) the reason for the failure to operate the Train Service will not be taken to be an Aurizon Network Cause; (v) Aurizon Network will not be obliged under this Agreement to reschedule or to endeavour to reschedule the Train Service; (vi) despite the Train Service being cancelled, Aurizon Network will not be obliged under this Agreement to provide a replacement or make- up Train Service; and (vii) if clause 16.2(b)(ii) applies despite the Train Service being cancelled and not operated, the Train Service will be taken to be one of the Nominated Monthly Operational Rights for the Train Service Type for the Month in which the Original Scheduled Time occurred.

Alterations to Train Services by Operator. (a) Unless Aurizon Network has already given the Operator a Train Control Direction under clause 16.3(a19.3(a) in respect of a Train Service, the Operator End User must notify or must ensure that the Operator notifies Aurizon Network as soon as reasonably practicable after it the Operator is instructed by the End User not to, decides not to, or becomes aware that it will be unable to, operate a Train Service which is scheduled in the Daily Train Plan and specify the End User for that Train ServicePlan. (b) If the End User or the Operator gives Aurizon Network a notice in accordance with clause 16.2(a19.2(a) in respect of a Train Service: (i) more than 48 hours before the time for the commencement of the operation of that Train Service as scheduled in the Daily Train Plan (Original Scheduled Time), then Aurizon Network must, unless the Train Service has already been rescheduled in accordance with this clause 16.2 19.2 or 16.319.3, use reasonable endeavours to reschedule that Train Service to commence to operate at a time, within 48 hours (or such other long period as the Operator may advise as acceptable should Aurizon Network be unable, notwithstanding its reasonable endeavours, to reschedule the Train Service prior to 48 hours after the Original Scheduled Time in accordance with this clause) before or after the Original Scheduled Time for that Train Service, that is reasonably acceptable to the Operator; and (ii) less than 48 hours before the Original Scheduled Time for that Train Service, Aurizon Network may must use reasonable endeavours to reschedule the Train Service to operate at a time prior to, or within 48 hours (or such other longer period as the Operator may advise as acceptable should Aurizon Network be unable, notwithstanding its reasonable endeavours, to reschedule the Train Service prior to 48 hours after the Original Scheduled Time in accordance with this clause) after, the Original Scheduled Time for that Train Service, that is reasonably acceptable to the Operator, provided that: (iii) that Aurizon Network is under no obligation to alter the Scheduled Times for any other Train Movements; and (iv) Aurizon Network has no obligation to the Operator to provide an alternative Scheduled Time where the End User has nominated another Accredited Railway Operator to operate the relevant Train Service. (c) If Aurizon Network reschedules a Train Service in accordance with clause 16.2(b19.2(b), then Aurizon Network must notify the Operator (by way of a Train Control Direction) of the revised Scheduled Time for that Train Service. (d) If: (i) the End User and the Operator does do not give Aurizon Network a notice in accordance with clause 16.2(a19.2(a) in respect of a Train Service and that Train Service does not operate that Train Serviceoperate; or (ii) the End User or the Operator gives Aurizon Network a notice in accordance withwith clause 19.2(a) in respect of a Train Service but: (A) if clause 16.2(b)(i19.2(b)(i) applies, Aurizon Network having complied with its obligations to use reasonable endeavours under clause 19.2(b)(i) is unable to reschedule the Train Service in accordance with clause 16.2(b)(i19.2(b)(i); or (B) if clause 16.2(b)(ii19.2(b)(ii) applies, Aurizon Network does not having complied with its obligation to use reasonable endeavours, is unable to reschedule the Train Service in accordance with clause 16.2(b)(ii), then:with (iii) the Train Service will be taken to be cancelled by the OperatorEnd User; (iv) the reason for the failure to operate the Train Service will not be taken to be an Aurizon Network Cause; (v) Aurizon Network will not be obliged under this Agreement to reschedule or to endeavour to reschedule the Train Service; (vi) despite the Train Service being cancelled, Aurizon Network will not be obliged under this Agreement to provide a replacement or make- up Train Service; and (vii) if clause 16.2(b)(ii19.2(b)(ii) applies applies, despite the Train Service being cancelled and not operated, the Train Service will be taken to be one of the Nominated Monthly Operational Rights Train Services for the Train Service Type for the Month in which the Original Scheduled Time occurred.

Alterations to Train Services by Operator. (a) Unless Aurizon Network has already given the Operator a Train Control Direction under clause 16.3(a20.3(a) in respect of a Train Service, the Operator must notify Aurizon Network as soon as reasonably practicable after it decides not to, or becomes aware that it will be unable to, operate a Train Service which is scheduled in the Daily Train Plan and specify the End User for that Train ServicePlan. (b) If the Operator gives Aurizon Network a notice in accordance with clause 16.2(a20.2(a) in respect of a Train Service: (i) more than 48 hours before the time for the commencement of the operation of that Train Service as scheduled in the Daily Train Plan (Original Scheduled Time), then Aurizon Network must, unless the Train Service has already been rescheduled in accordance with this clause 16.2 20.2 or 16.320.3, use reasonable endeavours to reschedule that Train Service to commence to operate at a time, within 48 hours before or after the Original Scheduled Time for that Train Service, that is reasonably acceptable to the Operator; and (ii) less than 48 hours before the Original Scheduled Time for that Train Service, Aurizon Network may reschedule the Train Service to operate at a time prior to, or within 48 hours after, the Original Scheduled Time for that Train Service, that is reasonably acceptable to the Operator, provided that: (iii) that Aurizon Network is under no obligation to alter the Scheduled Times for any other Train Movements; and (iv) Aurizon Network has no obligation to the Operator to provide an alternative Scheduled Time where the End User has nominated another Accredited Railway Operator to operate the relevant Train Service. (c) If Aurizon Network reschedules a Train Service in accordance with clause 16.2(b20.2(b), then Aurizon Network must notify the Operator (by way of a Train Control Direction) of the revised Scheduled Time for that Train Service. (d) If: (i) the Operator does not give Aurizon Network a notice in accordance with clause 16.2(a20.2(a) in respect of a Train Service and does not operate that Train Service; or (ii) the Operator gives Aurizon Network a notice in accordance with (A) if clause 16.2(b)(i20.2(b)(i) applies, Aurizon Network is unable to reschedule the Train Service in accordance with clause 16.2(b)(i20.2(b)(i); or (B) if clause 16.2(b)(ii20.2(b)(ii) applies, Aurizon Network does not reschedule the Train Service in accordance with clause 16.2(b)(ii20.2(b)(ii), then: (iii) the Train Service will be taken to be cancelled by the Operator; (iv) the reason for the failure to operate the Train Service will not be taken to be an Aurizon Network Cause; (v) Aurizon Network will not be obliged under this Agreement to reschedule or to endeavour to reschedule the Train Service; (vi) despite the Train Service being cancelled, Aurizon Network will not be obliged under this Agreement to provide a replacement or make- up Train Service; and (vii) if clause 16.2(b)(ii) applies despite the Train Service being cancelled and not operated, the Train Service will be taken to be one of the Nominated Monthly Operational Rights for the Train Service Type for the Month in which the Original Scheduled Time occurred.

Alterations to Train Services by Operator. (a) Unless Aurizon Network has already given the Operator a Train Control Direction under clause 16.3(a) in respect of a Train Service, the Operator must notify Aurizon Network as soon as reasonably practicable after it decides not to, or becomes aware that it will be unable to, operate a Train Service which is scheduled in the Daily Train Plan and specify the End User for that Train Service. (b) If the Operator gives Aurizon Network a notice in accordance with clause 16.2(a) in respect of a Train Service: (i) more than 48 hours before the time for the commencement of the operation of that Train Service as scheduled in the Daily Train Plan (Original Scheduled Time), then Aurizon Network must, unless the Train Service has already been rescheduled in accordance with this clause 16.2 or 16.3, use reasonable endeavours to reschedule that Train Service to commence to operate at a time, within 48 hours before or after the Original Scheduled Time for that Train Service, that is reasonably acceptable to the Operator; and (ii) less than 48 hours before the Original Scheduled Time for that Train Service, Aurizon Network may reschedule the Train Service to operate at a time prior to, or within 48 hours after, the Original Scheduled Time for that Train Service, that is reasonably acceptable to the Operator, provided that: (iii) Aurizon Network is under no obligation to alter the Scheduled Times for any other Train Movements; and (iv) Aurizon Network has no obligation to the Operator to provide an alternative Scheduled Time where the End User has nominated another Accredited Railway Operator to operate the relevant Train Service. (c) If Aurizon Network reschedules a Train Service in accordance with clause 16.2(b), then Aurizon Network must notify the Operator (by way of a Train Control Direction) of the revised Scheduled Time for that Train Service. (d) If: (i) the Operator does not give Aurizon Network a notice in accordance with clause 16.2(a) in respect of a Train Service and does not operate that Train Service; or (ii) the Operator gives Aurizon Network a notice in accordance with (A) if clause 16.2(b)(i) applies, Aurizon Network is unable to reschedule the Train Service in accordance with clause 16.2(b)(i); or (B) if clause 16.2(b)(ii) applies, Aurizon Network does not reschedule the Train Service in accordance with clause 16.2(b)(ii), then: (iii) the Train Service will be taken to be cancelled by the Operator; ; (iv) the reason for the failure to operate the Train Service will not be taken to be an Aurizon Network Cause; (v) Aurizon Network will not be obliged under this Agreement to reschedule or to endeavour to reschedule the Train Service; (vi) despite the Train Service being cancelled, Aurizon Network will not be obliged under this Agreement to provide a replacement or make- up Train Service; and (vii) if clause 16.2(b)(ii) applies despite the Train Service being cancelled and not operated, the Train Service will be taken to be one of the Nominated Monthly Operational Rights for the Train Service Type for the Month in which the Original Scheduled Time occurred.