Audit obligation. (a) Subject to clause 10.2, ARTC may at any time by Instruction from ARTC to the Operator require a particular Service of the Operator which is using the Network to undergo an audit for the purpose of assessing:
(i) the Operator’s compliance with the terms and conditions of this agreement, including whether the Train Manifest provided by the Operator under clause 5.4(l) is correct;
(ii) whether any one or more of the individual wagons used by the Operator in the provision of a Service is loaded in excess of its rated carrying capacity; or
(iii) whether any one or more of the individual wagons used by the Operator in the provision of the Service is loaded in an unsafe or potentially unsafe manner.
(b) To avoid doubt, any audit conducted by ARTC under this clause 10.1 is conducted at ARTC’s cost.
Audit obligation. (a) Subject to clause 8.2, Aurizon may at any time, upon giving the Operator at least two
Audit obligation. Subject to clause 10.3, ARTC may at any time by Instruction from ARTC to the Operator require a particular Service of the Operator which is using the Network to undergo an audit for the purpose of assessing:
a) the Operator’s compliance with the terms and conditions of this Agreement, including whether the Train Manifest provided by the Operator under clause 5.5(j) of this Agreement is correct;
b) whether any one or more of the individual wagons used by the Operator in the provision of a Service is loaded in excess of its rated carrying capacity; or
c) whether any one or more of the individual wagons used by the Operator in the provision of the Service is loaded in an unsafe or potentially unsafe manner. Note: FreightCorp and Toll consider that an open ended audit right is intrusive. FreightCorp and Toll consider that ARTC must demonstrate a reasonable apprehension of non-compliance and notify the Operator of the apprehension. If the Operator does not acknowledge the non- compliance or disputes the non-compliance the inspection may take place, but if it proves ill founded ARTC must pay the Operator’s costs incurred to allow the inspection.
Audit obligation. Subject to clause 8.3, GWAN may at any time, by Instruction to the Operator, require a particular Service of the Operator which is using the Network to undergo an audit for the purpose of assessing:
(1) the Operator’s compliance with the terms and conditions of this Agreement, including whether the Train Manifest provided by the Operator under clause 5.5(12) of this Agreement is correct;
(2) whether any one or more of the individual wagons used by the Operator in the provision of a Service is loaded in excess of its rated carrying capacity;
(3) whether any one or more of the individual wagons used by the Operator in the provision of the Service is loaded in an unsafe or potentially unsafe manner; or
(4) whether in GWAN's opinion Rollingstock has been, or is being, sufficiently maintained in a state that enables it (or any part of it) to be safely operated on the Network, in accordance with GWAN's Network Rules and all applicable legislation (including without limitation the Rail Safety Acts).
