Common use of Amendments to the Emergency Response Plan Clause in Contracts

Amendments to the Emergency Response Plan. (a) The Operator may amend the Emergency Response Plan from time to time provided it complies with this clause 22.2. (b) If schedule 2 is varied to include an additional Train Service Type or the Train Service Description for an existing Train Service Type is varied, then before the Operator commences or continues (as applicable) to operate any Train Services for such Train Service Type, the Operator must: (i) amend the Emergency Response Plan to the extent reasonably required to address the operation of Train Services for such additional Train Service Type or the operation of Train Services in accordance with such varied Train Service Description (as applicable); or (ii) if it reasonably determines that no amendments to the Emergency Response Plan are required to address the operation of Train Services for such additional Train Service Type or the operation of Train Services in accordance with such varied Train Service Description (as applicable), notify Aurizon Network of that determination and the reasons for that determination. (c) The Operator must ensure that any amendments to the Emergency Response Plan comply with the requirements in clause 22.1(a). (d) If the Operator intends, or is required under clause 22.2(b), to amend the Emergency Response Plan, it must: (i) notify Aurizon Network of that fact; and (ii) provide Aurizon Network with full details of each proposed amendment to the Emergency Response Plan and the Operator’s reasons for each proposed amendment. (e) Within 10 Business Days after receipt of a notice under clause 22.2(d), Aurizon Network must notify the Operator if Aurizon Network disputes any proposed amendments.

Amendments to the Emergency Response Plan. (a) The Operator may amend the Emergency Response Plan from time to time provided it complies with this clause 22.2. (b) If schedule 2 is varied to include an additional Train Service Type or the Train Service Description for an existing Train Service Type is varied, then before the Operator commences or continues (as applicable) to operate any Train Services for such Train Service Type, the Operator must: (i) amend the Emergency Response Plan to the extent reasonably required to address the operation of Train Services for such additional Train Service Type or the operation of Train Services in accordance with such varied Train Service Description (as applicable); or (ii) if it reasonably determines that no amendments to the Emergency Response Plan are required to address the operation of Train Services for such additional Train Service Type or the operation of Train Services in accordance with such varied Train Service Description (as applicable), notify Aurizon Network of that determination and the reasons for that determination. (c) The Operator must ensure that any amendments to the Emergency Response Plan comply with the requirements in clause 22.1(a). (d) If the Operator intends, or is required under clause 22.2(b), to amend the Emergency Response Plan, it must: (i) notify Aurizon Network of that fact; and (ii) provide Aurizon Network with full details of each proposed amendment to the Emergency Response Plan and the Operator’s reasons for each proposed amendment. (e) Within 10 Business Days after receipt of a notice under clause 22.2(d), Aurizon Network must notify the Operator if Aurizon Network disputes any proposed amendments. (f) Any dispute referred to in clause 22.2(e) must be resolved in accordance with clauses 22.1(c) and 22.1(d) as if the dispute is a dispute under clause 22.1(c). (g) If, after receipt of a notice under clause 22.2(d), Aurizon Network does not give the Operator a notice under, and within the time required by, clause 22.2(e), then the Emergency Response Plan will be taken to be amended as proposed by the Operator in the notice under (h) An amendment to the Emergency Response Plan, to the extent that it relates to the Operator’s operations on the Nominated Network, is effective on the date it has complied with this clause 22.2.

Amendments to the Emergency Response Plan. (a) The Operator may amend the Emergency Response Plan from time to time provided it complies with this clause 22.221.2. (b) If schedule 2 is varied to include an additional Train Service Type or the Train Service Description for an existing Train Service Type is varied, then before the Operator commences or continues (as applicable) to operate any Train Services for such Train Service Type, the Operator must: (i) amend the Emergency Response Plan to the extent reasonably required to address the operation of Train Services for such additional Train Service Type or the operation of Train Services in accordance with such varied Train Service Description (as applicable); or (ii) if it reasonably determines that no amendments to the Emergency Response Plan are required to address the operation of Train Services for such additional Train Service Type or the operation of Train Services in accordance with such varied Train Service Description (as applicable), notify Aurizon Network of that determination and the reasons for that determination. (c) The Operator must ensure that any amendments to the Emergency Response Plan comply with the requirements in clause 22.1(a21.1(a). (d) If the Operator intends, or is required under clause 22.2(b21.2(b), to amend the Emergency Response Plan, it must: (i) notify Aurizon Network of that fact; and (ii) provide Aurizon Network with full details of each proposed amendment to the Emergency Response Plan and the Operator’s reasons for each proposed amendment. (e) Within 10 Business Days after receipt of a notice under clause 22.2(d21.2(d), Aurizon Network must notify the Operator if Aurizon Network disputes any proposed amendments.

Amendments to the Emergency Response Plan. (a) The Operator may amend the Emergency Response Plan from time to time provided it that the End User must ensure that the Operator complies with this clause 22.2. (b) 25.2. If schedule 2 is varied to include an additional Train Service Type or the Train Service Description for an existing Train Service Type is varied, then before the Operator commences or continues (as applicable) to operate any Train Services for such Train Service Type, the End User must cause the Operator mustto: (i) amend the Emergency Response Plan to the extent reasonably required to address the operation of Train Services for such additional Train Service Type or the operation of Train Services in accordance with such varied Train Service Description (as applicable); or (ii) if it the Operator reasonably determines that no amendments to the Emergency Response Plan are required to address the operation of Train Services for such additional Train Service Type or the operation of Train Services in accordance with such varied Train Service Description (as applicable), notify Aurizon Network of that determination and the reasons for that determination. (c) The Operator End User must ensure that any amendments to the Emergency Response Plan comply with the requirements in clause 22.1(a25.1(a). (d) If the Operator intends, or is required under clause 22.2(b25.2(b), to amend the Emergency Response Plan, it mustthe End User must cause the Operator to: (i) notify Aurizon Network of that fact; and (ii) provide Aurizon Network with full details of each proposed amendment to the Emergency Response Plan and the Operator’s reasons for each proposed amendment. (e) Within 10 Business Days after receipt of a notice under clause 22.2(d25.2(d), Aurizon Network must notify the Operator End User if Aurizon Network disputes any proposed amendments. (f) Any dispute referred to in clause 25.2(e) must be resolved in accordance with clauses 25.1(c) and 25.1(d) as if the dispute is a dispute under clause 25.1(c). (g) If, after receipt of a notice under clause 25.2(d), Aurizon Network does not give the End User a notice under, and within the time required by, clause 25.2(e), then the Emergency Response Plan will be taken to be amended as proposed by the Operator in the notice under clause 25.2(d). (h) An amendment to the Emergency Response Plan, to the extent that it relates to the Operator’s operations on the Nominated Network, is effective on the date it has complied with this clause 25.2 or is otherwise approved (or deemed to be approved) in accordance with this clause 25.2.