Common use of Audit by Operator Clause in Contracts

Audit by Operator. (a) Subject to clause 10.4(b), the Operator may at any time, at its cost and risk, audit any of the railway track and lines comprising the Network for the purpose of monitoring ARTC’s compliance with clause 6.1. (b) The Operator’s audit under clause 10.4(a) will: (i) be subject to the ability of ARTC to issue an Instruction to the Operator at any time during the audit to ensure the proper, efficient, safe and lawful use of and access to the Network by the Operator and other operators; (ii) be conducted in such a manner so that it does not cause any disruption to any service of any other operator granted access to the Network by ARTC or the provision of services by ARTC to such operators.

Appears in 12 contracts

Samples: Operator Sub Agreement, Operator Sub Agreement, Operator Sub Agreement

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Audit by Operator. (a) Subject to clause 10.4(b), the Operator may at any time, at its cost and risk, audit any of the railway track and lines comprising the Network for the purpose of monitoring ARTC’s compliance with clause 6.1. (b) The Operator’s audit under clause 10.4(a10.4 (a) will: (i) be subject to the ability of ARTC to issue an Instruction to the Operator at any time during the audit to ensure the proper, efficient, safe and lawful use of and access to the Network by the Operator and other operators; (ii) be conducted in such a manner so that it does not cause any disruption to any service of any other operator granted access to the Network by ARTC or the provision of services by ARTC to such operators.

Appears in 3 contracts

Samples: Operator Sub Agreement, Track Access Agreement, Track Access Agreement

Audit by Operator. (a) Subject to clause 10.4(b10.5(b), the Operator may at any time, at its cost and risk, audit any of the railway track and lines comprising the Network for the purpose of monitoring ARTC’s compliance with clause 6.1. (b) The Operator’s audit under clause 10.4(a10.5(a) willshall: (i) be subject to the ability of ARTC to issue an Instruction to the Operator at any time during the audit to ensure the proper, efficient, safe and lawful use of and access to the Network by the Operator and other operators; (ii) be conducted in such a manner so that it does not cause any disruption to any service of any other operator granted access to the Network by ARTC or the provision of services by ARTC to such operators.

Appears in 1 contract

Samples: Track Access Agreement

Audit by Operator. (a) Subject to clause 10.4(b), the Operator may at any time, at its cost and risk, audit any of the railway track and lines comprising the Network for the purpose of monitoring ARTC’s compliance with clause 6.1. (b) The Operator’s audit under clause 10.4(a) willshall: (i) be subject to the ability of ARTC to issue an Instruction to the Operator at any time during the audit to ensure the proper, efficient, safe and lawful use of and access to the Network by the Operator and other operators; (ii) be conducted in such a manner so that it does not cause any disruption to any service of any other operator granted access to the Network by ARTC or the provision of services by ARTC to such operators.

Appears in 1 contract

Samples: Track Access Agreement

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Audit by Operator. (a) Subject to clause 10.4(b10.6(b), the Operator may at any time, at its cost and risk, audit any of the railway track and lines comprising the Network for the purpose of monitoring ARTC’s compliance with clause 6.1. (b) The Operator’s audit under clause 10.4(a10.6(a) willshall: (i) be subject to the ability of ARTC to issue an Instruction to the Operator at any time during the audit to ensure the proper, efficient, safe and lawful use of and access to the Network by the Operator and other operators; (ii) be conducted in such a manner so that it does not cause any disruption to any service of any other operator granted access to the Network by ARTC or the provision of services by ARTC to such operators.

Appears in 1 contract

Samples: Track Access Agreement

Audit by Operator. (a) Subject to clause 10.4(b10.54(b), the Operator may at any time, at its cost and risk, audit any of the railway track and lines comprising the Network for the purpose of monitoring ARTC’s compliance with clause 6.1. (b) The Operator’s audit under clause 10.4(a10.54(a) willshall: (i) be subject to the ability of ARTC to issue an Instruction to the Operator at any time during the audit to ensure the proper, efficient, safe and lawful use of and access to the Network by the Operator and other operators; (ii) be conducted in such a manner so that it does not cause any disruption to any service of any other operator granted access to the Network by ARTC or the provision of services by ARTC to such operators.

Appears in 1 contract

Samples: Track Access Agreement

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