Common use of Authorisation of Rollingstock & Rollingstock Configurations Clause in Contracts

Authorisation of Rollingstock & Rollingstock Configurations. (a) Prior to the operation of any Train Services the Operator must: (i) implement the control measures devised in the Interface Risk Management Plan relevant to assessing the compatibility of the Operator’s Rollingstock and Rollingstock Configurations with the Nominated Network; and (ii) without limiting Clause 6.9(a)(i), provide to Aurizon Network a certificate by a suitably qualified person whom both Aurizon Network and the Operator accept as being competent to provide such certification as to the compliance of the Operator’s Rollingstock and Rollingstock Configurations with the Interface Risk Management Plan (including the Rollingstock Interface Standards) and the Rollingstock and Rollingstock Configurations the subject of that certificate shall then, subject to Aurizon Network’s reasonable satisfaction with the certificate provided, be authorised by Aurizon Network and included in Schedule 4 as the authorised Rollingstock and Rollingstock Configurations. (b) If requested to do so by Aurizon Network, the Operator must provide to Aurizon Network (or procure the certifying party to provide to Aurizon Network) relevant documentation (including reports on trials and/or commissioning tests) demonstrating that the Rollingstock and Rollingstock Configurations comply with the Interface Risk Management Plan including the Rollingstock Interface Standards. (c) Where Aurizon Network is not satisfied, on the basis of documentation provided by the Operator or the certifying party in accordance with Clauses 6.9(a) and (b), that the Rollingstock and/or Rollingstock Configurations comply with the terms of the Interface Risk Management Plan, either Party may refer the adequacy of the documentation and whether the Rollingstock and/or Rollingstock Configurations comply with the terms of the Interface Risk Management Plan for resolution by an expert in accordance with Clause 18.3. (d) In the event that during the Term the Operator wishes to: (i) modify any of the Operator’s authorised Rollingstock or Rollingstock Configurations; or (ii) have additional Rollingstock or Rollingstock Configurations authorised for use on the Nominated Network, then prior to using any such modified or additional Rollingstock or Rollingstock Configurations on the Nominated Network: (iii) the Operator must notify Aurizon Network (giving details of the relevant modification or additional Rollingstock or Rollingstock Configurations); (iv) if Aurizon Network considers it reasonably necessary to do so, the Operator must conduct a supplementary Interface Risk Assessment jointly with Aurizon Network in accordance with Clause 12 (and the provisions of that Clause shall apply if there is any dispute between the Parties in relation to the conduct of the supplementary Interface Risk Assessment); (v) the Operator must provide to Aurizon Network a certificate of compliance in respect of the modified or additional Rollingstock or Rollingstock Configurations in accordance with Clauses 6.9(a) to (c); (vi) the Interface Risk Management Plan shall be amended to reflect any changes agreed or determined in accordance with this Clause 6.9(d) and the Parties shall make any other amendments to this Agreement [(including Aurizon Network varying the Base Access Charges)] which may be reasonably necessary to reflect the authorisation and use of the modified or additional Rollingstock or Rollingstock Configurations on the Nominated Network; [include bracketed text where Operator is paying non-TOP Access Charges] (vii) [Aurizon Network must advise the Operator and End User of any variations to the Base Access Charges payable by the Operator as a result of the authorisation of such modified or additional Rollingstock or Rollingstock Configurations. If the Operator disputes the variations to the Base Access Charges advised by Aurizon Network in accordance with this Clause, either Party may refer the dispute to the QCA for determination in accordance with Clause 18.6; and] [include bracketed text where Operator is paying non-TOP Access Charges] (viii) the Operator must have been notified by Aurizon Network that, in connection with the modified or additional Rollingstock or Rollingstock Configurations, all necessary amendments (if any) to the End User Access Agreement (including variations to the amounts payable by the End User) have been made in respect of such matters and any relevant nomination of the Operator by the End User in accordance with the End User Access Agreement has, if necessary, been varied.

Authorisation of Rollingstock & Rollingstock Configurations. (a) Prior to the operation of any Train Services the Operator Access Holder must: (i) cause the Operator to implement the control measures devised in the Interface Risk Management Plan relevant re levant to assessing the compatibility of the Access Holder’s or Operator’s Rollingstock and Rollingstock Configurations with the Nominated Network; and (ii) without limiting Clause 6.9(a)(i5.9(a)(i), provide to Aurizon Network QR a certificate by a suitably qualified person whom both Aurizon Network QR and the Operator Access Holder accept as being competent to provide such certification as to the compliance of the Access Holder’s or Operator’s Rollingstock and Rollingstock Configurations with the Interface Risk Management Plan (including the Rollingstock Interface Standards) and the Rollingstock and Rollingstock Configurations the subject of that certificate shall then, subject to Aurizon NetworkQR’s reasonable satisfaction with the certificate provided, be authorised by Aurizon Network QR and included in Schedule 4 as the authorised Rollingstock and Rollingstock Configurations. (b) If requested to do so by Aurizon NetworkQR, the Operator Access Holder must provide to Aurizon Network QR (or procure the certifying party to provide to Aurizon NetworkQR) relevant documentation (including reports on trials and/or commissioning tests) demonstrating that the Rollingstock and Rollingstock Configurations comply with the Interface Risk Management Plan including the Rollingstock Interface Standards. (c) Where Aurizon Network QR is not satisfied, on the basis of documentation provided by the Operator Access Holder or the certifying party in accordance with Clauses 6.9(a5.9(a) and (b), that the Rollingstock and/or Rollingstock Configurations comply with the terms of the Interface Risk Management Plan, either Party may refer the adequacy of the documentation and whether the Rollingstock and/or Rollingstock Configurations comply with the terms of the Interface Risk Management Plan for resolution by an expert in accordance with Clause 18.317.3. (d) In the event that during the Term the Operator Access Holder (or Operator) wishes to: (i) modify any of the Access Holder’s or Operator’s authorised Rollingstock or Rollingstock Configurations; or (ii) have additional Rollingstock or Rollingstock Configurations authorised for use on the Nominated Network, Network then prior to using any such modified or additional Rollingstock or Rollingstock Configurations on the Nominated Network: (iiii) the Operator Access Holder must notify Aurizon Network QR (giving details of the relevant modification or additional Rollingstock or Rollingstock Configurations); (ivii) if Aurizon Network QR considers it reasonably necessary to do so, the Operator Access Holder must conduct (or cause to be conducted) a supplementary Interface Risk Assessment jointly with Aurizon Network QR in accordance with Clause 12 11 (and the provisions of that Clause shall apply if there is any dispute between the Parties in relation to the conduct of the supplementary Interface Risk Assessment); (viii) the Operator Access Holder must provide to Aurizon Network QR a certificate of compliance in respect of the modified or additional Rollingstock or Rollingstock Configurations in accordance with Clauses 6.9(a5.9(a) to (c); (viiv) the Interface Risk Management Plan shall be amended to reflect any changes agreed or determined in accordance with this Clause 6.9(d) 5.9(d), and the Parties shall make any other amendments to this Agreement [(including Aurizon Network QR varying the Base Access Charges)] ) which may be reasonably necessary to reflect the authorisation and use of the modified or additional Rollingstock or Rollingstock Configurations on the Nominated Network; [include bracketed text where Operator is paying non-TOP Access Charges]and (viiv) [Aurizon Network QR must advise the Operator and End User Access Holder of any variations to the Base Access Charges payable by the Operator Access Holder as a result of the authorisation of such modified or additional Rollingstock or Rollingstock Configurations. If the Operator Access Holder disputes the variations to the Base Access Charges advised by Aurizon Network QR in accordance with this Clause, either Party may refer the dispute to the QCA for determination in accordance with Clause 18.6; and] [include bracketed text where Operator is paying non-TOP Access Charges] (viii) the Operator must have been notified by Aurizon Network that, in connection with the modified or additional Rollingstock or Rollingstock Configurations, all necessary amendments (if any) to the End User Access Agreement (including variations to the amounts payable by the End User) have been made in respect of such matters and any relevant nomination of the Operator by the End User in accordance with the End User Access Agreement has, if necessary, been varied17.6.

Authorisation of Rollingstock & Rollingstock Configurations. (a) Prior to the operation of any Train Services the Operator Access Holder must: (i) cause the Operator to implement the control measures devised in the Interface Risk Management Plan relevant to assessing the compatibility of the Access Holder’s or Operator’s Rollingstock and Rollingstock Configurations with the Nominated Network; and (ii) without limiting Clause 6.9(a)(i5.9(a)(i), provide to Aurizon QR Network a certificate by a suitably qualified person whom both Aurizon QR Network and the Operator Access Holder accept as being competent to provide such certification as to the compliance of the Access Holder’s or Operator’s Rollingstock and Rollingstock Configurations with the Interface Risk Management Plan (including the Rollingstock Interface Standards) and the Rollingstock and Rollingstock Configurations the subject of that certificate shall then, subject to Aurizon QR Network’s reasonable satisfaction with the certificate provided, be authorised by Aurizon QR Network and included in Schedule 4 as the authorised Rollingstock and Rollingstock Configurations. (b) If requested to do so by Aurizon QR Network, the Operator Access Holder must provide to Aurizon QR Network (or procure the certifying party to provide to Aurizon QR Network) relevant documentation (including reports on trials and/or commissioning tests) demonstrating that the Rollingstock and Rollingstock Configurations comply with the Interface Risk Management Plan including the Rollingstock Interface Standards. (c) Where Aurizon QR Network is not satisfied, on the basis of documentation provided by the Operator Access Holder or the certifying party in accordance with Clauses 6.9(a5.9(a) and (b), that the Rollingstock and/or Rollingstock Configurations comply with the terms of the Interface Risk Management Plan, either Party may refer the adequacy of the documentation and whether the Rollingstock and/or Rollingstock Configurations comply with the terms of the Interface Risk Management Plan for resolution by an expert in accordance with Clause 18.317.3. (d) In the event that during the Term the Operator Access Holder (or Operator) wishes to: (i) modify any of the Access Holder’s or Operator’s authorised Rollingstock or Rollingstock Configurations; or (ii) have additional Rollingstock or Rollingstock Configurations authorised for use on the Nominated Network, then prior to using any such modified or additional Rollingstock or Rollingstock Configurations on the Nominated Network: (iiii) the Operator Access Holder must notify Aurizon QR Network (giving details of the relevant modification or additional Rollingstock or Rollingstock Configurations); (ivii) if Aurizon QR Network considers it reasonably necessary to do so, the Operator Access Holder must conduct (or cause to be conducted) a supplementary Interface Risk Assessment jointly with Aurizon QR Network in accordance with Clause 12 11 (and the provisions of that Clause shall apply if there is any dispute between the Parties in relation to the conduct of the supplementary Interface Risk Assessment); (viii) the Operator Access Holder must provide to Aurizon QR Network a certificate of compliance in respect of the modified or additional Rollingstock or Rollingstock Configurations in accordance with Clauses 6.9(a5.9(a) to (c); (viiv) the Interface Risk Management Plan shall be amended to reflect any changes agreed or determined in accordance with this Clause 6.9(d) 5.9(d), and the Parties shall make any other amendments to this Agreement [(including Aurizon QR Network varying the Base Access Charges)] ) which may be reasonably necessary to reflect the authorisation and use of the modified or additional Rollingstock or Rollingstock Configurations on the Nominated Network; [include bracketed text where Operator is paying non-TOP Access Charges]and (viiv) [Aurizon QR Network must advise the Operator and End User Access Holder of any variations to the Base Access Charges payable by the Operator Access Holder as a result of the authorisation of such modified or additional Rollingstock or Rollingstock Configurations. If the Operator Access Holder disputes the variations to the Base Access Charges advised by Aurizon QR Network in accordance with this Clause, either Party may refer the dispute to the QCA for determination in accordance with Clause 18.6; and] [include bracketed text where Operator is paying non-TOP Access Charges] (viii) the Operator must have been notified by Aurizon Network that, in connection with the modified or additional Rollingstock or Rollingstock Configurations, all necessary amendments (if any) to the End User Access Agreement (including variations to the amounts payable by the End User) have been made in respect of such matters and any relevant nomination of the Operator by the End User in accordance with the End User Access Agreement has, if necessary, been varied17.6.

Authorisation of Rollingstock & Rollingstock Configurations. (a) (a) Prior to the operation of any Train Services the Operator must: (i) (i) implement the control measures devised in the Interface Risk Management Plan relevant to assessing the compatibility of the Operator’s Rollingstock and Rollingstock Configurations with the Nominated Network; and (ii) (ii) without limiting Clause 6.9(a)(i), provide to Aurizon QRAurizon Network a certificate by a suitably qualified person whom both Aurizon QRAurizon Network and the Operator accept as being competent to provide such certification as to the compliance of the Operator’s Rollingstock and Rollingstock Configurations with the Interface Risk Management Plan (including the Rollingstock Interface Standards) and the Rollingstock and Rollingstock Configurations the subject of that certificate shall then, subject to Aurizon QRAurizon Network’s reasonable satisfaction with the certificate provided, be authorised by Aurizon QRAurizon Network and included in Schedule 4 as the authorised Rollingstock and Rollingstock Configurations. . (b) (b) If requested to do so by Aurizon QRAurizon Network, the Operator must provide to Aurizon QRAurizon Network (or procure the certifying party to provide to Aurizon QRAurizon Network) relevant documentation (including reports on trials and/or commissioning tests) demonstrating that the Rollingstock and Rollingstock Configurations comply with the Interface Risk Management Plan including the Rollingstock Interface Standards. . (c) (c) Where Aurizon QRAurizon Network is not satisfied, on the basis of documentation provided by the Operator or the certifying party in accordance with Clauses 6.9(a) and (b), that the Rollingstock and/or Rollingstock Configurations comply with the terms of the Interface Risk Management Plan, either Party may refer the adequacy of the documentation and whether the Rollingstock and/or Rollingstock Configurations comply with the terms of the Interface Risk Management Plan for resolution by an expert in accordance with Clause 18.3 18.3. (d) In the event that during the Term the Operator wishes to: (i) modify any of the Operator’s authorised Rollingstock or Rollingstock Configurations; or (ii) have additional Rollingstock or Rollingstock Configurations authorised for use on the Nominated Network, then prior to using any such modified or additional Rollingstock or Rollingstock Configurations on the Nominated Network: (iii) the Operator must notify Aurizon Network (giving details of the relevant modification or additional Rollingstock or Rollingstock Configurations); (iv) if Aurizon Network considers it reasonably necessary to do so, the Operator must conduct a supplementary Interface Risk Assessment jointly with Aurizon Network in accordance with Clause 12 (and the provisions of that Clause shall apply if there is any dispute between the Parties in relation to the conduct of the supplementary Interface Risk Assessment); (v) the Operator must provide to Aurizon Network a certificate of compliance in respect of the modified or additional Rollingstock or Rollingstock Configurations in accordance with Clauses 6.9(a) to (c); (vi) the Interface Risk Management Plan shall be amended to reflect any changes agreed or determined in accordance with this Clause 6.9(d) and the Parties shall make any other amendments to this Agreement [(including Aurizon Network varying the Base Access Charges)] which may be reasonably necessary to reflect the authorisation and use of the modified or additional Rollingstock or Rollingstock Configurations on the Nominated Network; [include bracketed text where Operator is paying non-TOP Access Charges] (vii) [Aurizon Network must advise the Operator and End User of any variations to the Base Access Charges payable by the Operator as a result of the authorisation of such modified or additional Rollingstock or Rollingstock Configurations. If the Operator disputes the variations to the Base Access Charges advised by Aurizon Network in accordance with this Clause, either Party may refer the dispute to the QCA for determination in accordance with Clause 18.6; and] [include bracketed text where Operator is paying non-TOP Access Charges] (viii) the Operator must have been notified by Aurizon Network that, in connection with the modified or additional Rollingstock or Rollingstock Configurations, all necessary amendments (if any) to the End User Access Agreement (including variations to the amounts payable by the End User) have been made in respect of such matters and any relevant nomination of the Operator by the End User in accordance with the End User Access Agreement has, if necessary, been varied.

Authorisation of Rollingstock & Rollingstock Configurations. (a) Prior to the operation of any Train Services the Operator must: (i) implement the control measures devised in the Interface Risk Management Plan relevant to assessing the compatibility of the Operator’s Rollingstock and Rollingstock Configurations with the Nominated Network; and (ii) without limiting Clause 6.9(a)(i), provide to Aurizon QR Network a certificate by a suitably qualified person whom both Aurizon QR Network and the Operator accept as being competent to provide such certification as to the compliance of the Operator’s Rollingstock and Rollingstock Configurations with the Interface Risk Management Plan (including the Rollingstock Interface Standards) and the Rollingstock and Rollingstock Configurations the subject of that certificate shall then, subject to Aurizon QR Network’s reasonable satisfaction with the certificate provided, be authorised by Aurizon QR Network and included in Schedule 4 as the authorised Rollingstock and Rollingstock Configurations. (b) If requested to do so by Aurizon QR Network, the Operator must provide to Aurizon QR Network (or procure the certifying party to provide to Aurizon QR Network) relevant documentation (including reports on trials and/or commissioning tests) demonstrating that the Rollingstock and Rollingstock Configurations comply with the Interface Risk Management Plan including the Rollingstock Interface Standards. (c) Where Aurizon QR Network is not satisfied, on the basis of documentation provided by the Operator or the certifying party in accordance with Clauses 6.9(a) and (b), that the Rollingstock and/or Rollingstock Configurations comply with the terms of the Interface Risk Management Plan, either Party may refer the adequacy of the documentation and whether the Rollingstock and/or Rollingstock Configurations comply with the terms of the Interface Risk Management Plan for resolution by an expert in accordance with Clause 18.3. (d) In the event that during the Term the Operator wishes to: (i) modify any of the Operator’s authorised Rollingstock or Rollingstock Configurations; or (ii) have additional Rollingstock or Rollingstock Configurations authorised for use on the Nominated Network, then prior to using any such modified or additional Rollingstock or Rollingstock Configurations on the Nominated Network: (iii) the Operator must notify Aurizon QR Network (giving details of the relevant modification or additional Rollingstock or Rollingstock Configurations); (iv) if Aurizon QR Network considers it reasonably necessary to do so, the Operator must conduct a supplementary Interface Risk Assessment jointly with Aurizon QR Network in accordance with Clause 12 (and the provisions of that Clause shall apply if there is any dispute between the Parties in relation to the conduct of the supplementary Interface Risk Assessment); (v) the Operator must provide to Aurizon QR Network a certificate of compliance in respect of the modified or additional Rollingstock or Rollingstock Configurations in accordance with Clauses 6.9(a) to (c); (vi) the Interface Risk Management Plan shall be amended to reflect any changes agreed or determined in accordance with this Clause 6.9(d) and the Parties shall make any other amendments to this Agreement [(including Aurizon QR Network varying the Base Access Charges)] which may be reasonably necessary to reflect the authorisation and use of the modified or additional Rollingstock or Rollingstock Configurations on the Nominated Network; [include bracketed text where Operator is paying non-TOP Access Charges]where (vii) [Aurizon QR Network must advise the Operator and End User of any variations to the Base Access Charges payable by the Operator as a result of the authorisation of such modified or additional Rollingstock or Rollingstock Configurations. If the Operator disputes the variations to the Base Access Charges advised by Aurizon QR Network in accordance with this Clause, either Party may refer the dispute to the QCA for determination in accordance with Clause 18.6; and] [include bracketed text where Operator is paying non-TOP Access Charges] (viii) the Operator must have been notified by Aurizon QR Network that, in connection with the modified or additional Rollingstock or Rollingstock Configurations, all necessary amendments (if any) to the End User Access Agreement (including variations to the amounts payable by the End User) have been made in respect of such matters and any relevant nomination of the Operator by the End User in accordance with the End User Access Agreement has, if necessary, been varied.

Authorisation of Rollingstock & Rollingstock Configurations. (a) Prior to the operation of any Train Services the Operator Access Holder must: (i) cause the Operator to implement the control measures devised in the Interface Risk Management Plan relevant to assessing the compatibility of the Access Holder’s or Operator’s Rollingstock and Rollingstock Configurations with the Nominated Network; and (ii) without limiting Clause 6.9(a)(i5.9(a)(i), provide to Aurizon QR Network a certificate by a suitably qualified person whom both Aurizon QR Network and the Operator Access Holder accept as being competent to provide such certification as to the compliance of the Access Holder’s or Operator’s Rollingstock and Rollingstock Configurations with the Interface Risk Management Plan (including the Rollingstock Interface Standards) and the Rollingstock and Rollingstock Configurations the subject of that certificate shall then, subject to Aurizon QR Network’s reasonable satisfaction with the certificate provided, be authorised by Aurizon QR Network and included in Schedule 4 as the authorised Rollingstock and Rollingstock Configurations. (b) If requested to do so by Aurizon QR Network, the Operator Access Holder must provide to Aurizon QR Network (or procure the certifying party to provide to Aurizon QR Network) relevant documentation (including reports on trials and/or commissioning tests) demonstrating that the Rollingstock and Rollingstock Configurations comply with the Interface Risk Management Plan including the Rollingstock Interface Standards. (c) Where Aurizon QR Network is not satisfied, on the basis of documentation provided by the Operator Access Holder or the certifying party in accordance with Clauses 6.9(a5.9(a) and (b), that the Rollingstock and/or Rollingstock Configurations comply with the terms of the Interface Risk Management Plan, either Party may refer the adequacy of the documentation and whether the Rollingstock and/or Rollingstock Configurations comply with the terms of the Interface Risk Management Plan for resolution by an expert in accordance with Clause 18.317.3. (d) In the event that during the Term the Operator Access Holder (or Operator) wishes to: (i) modify any of the Access Holder’s or Operator’s authorised Rollingstock or Rollingstock Configurations; or (ii) have additional Rollingstock or Rollingstock Configurations authorised for use on the Nominated Network, then prior to using any such modified or additional Rollingstock or Rollingstock Configurations on the Nominated Network: (iiii) the Operator Access Holder must notify Aurizon QR Network (giving details of the relevant modification or additional Rollingstock or Rollingstock Configurations); (ivii) if Aurizon QR Network considers it reasonably necessary to do so, the Operator Access Holder must conduct a supplementary Interface Risk Assessment jointly with Aurizon QR Network in accordance with Clause 12 11 (and the provisions of that Clause shall apply if there is any dispute between the Parties in relation to the conduct of the supplementary Interface Risk Assessment); (viii) the Operator Access Holder must provide to Aurizon QR Network a certificate of compliance in respect of the modified or additional Rollingstock or Rollingstock Configurations in accordance with Clauses 6.9(a5.9(a) to (c); (viiv) the Interface Risk Management Plan shall be amended to reflect any changes agreed or determined in accordance with this Clause 6.9(d) 5.9(d), and the Parties shall make any other amendments to this Agreement [(including Aurizon QR Network varying the Base Access Charges)] ) which may be reasonably necessary to reflect the authorisation and use of the modified or additional Rollingstock or Rollingstock Configurations on the Nominated Network; [include bracketed text where Operator is paying non-TOP Access Charges]and (viiv) [Aurizon QR Network must advise the Operator and End User Access Holder of any variations to the Base Access Charges payable by the Operator Access Holder as a result of the authorisation of such modified or additional Rollingstock or Rollingstock Configurations. If the Operator Access Holder disputes the variations to the Base Access Charges advised by Aurizon QR Network in accordance with this Clause, either Party may refer the dispute to the QCA for determination in accordance with Clause 18.6; and] [include bracketed text where Operator is paying non-TOP Access Charges] (viii) the Operator must have been notified by Aurizon Network that, in connection with the modified or additional Rollingstock or Rollingstock Configurations, all necessary amendments (if any) to the End User Access Agreement (including variations to the amounts payable by the End User) have been made in respect of such matters and any relevant nomination of the Operator by the End User in accordance with the End User Access Agreement has, if necessary, been varied17.6.

Authorisation of Rollingstock & Rollingstock Configurations. (a) Prior to the operation of any Train Services the Operator must: (i) implement the control measures devised in the Interface Risk Management Plan relevant to assessing the compatibility of the Operator’s Rollingstock and Rollingstock Configurations with the Nominated Network; and (ii) without limiting Clause 6.9(a)(i5.9(a)(i), provide to Aurizon Network Queensland Rail a certificate by a suitably qualified person whom both Aurizon Network Queensland Rail and the Operator accept as being competent to provide such certification as to the compliance of the Operator’s Rollingstock and Rollingstock Configurations with the Interface Risk Management Plan (including the Rollingstock Interface Standards) and the Rollingstock and Rollingstock Configurations the subject of that certificate shall then, subject to Aurizon NetworkQueensland Rail’s reasonable satisfaction with the certificate provided, be authorised by Aurizon Network Queensland Rail and included in Schedule 4 as the authorised Rollingstock and Rollingstock Configurations. (b) If requested to do so by Aurizon NetworkQueensland Rail, the Operator must provide to Aurizon Network Queensland Rail (or procure the certifying party to provide to Aurizon NetworkQueensland Rail) relevant documentation (including reports on trials and/or commissioning tests) demonstrating that the Rollingstock and Rollingstock Configurations comply with the Interface Risk Management Plan including the Rollingstock Interface Standards. (c) Where Aurizon Network Queensland Rail is not satisfied, on the basis of documentation provided by the Operator or the certifying party in accordance with Clauses 6.9(a5.9(a) and (b), that the Rollingstock and/or Rollingstock Configurations comply with the terms of the Interface Risk Management Plan, either Party may refer the adequacy of the documentation and whether the Rollingstock and/or Rollingstock Configurations comply with the terms of the Interface Risk Management Plan for resolution by an expert in accordance with Clause 18.317.3. (d) In the event that during the Term the Operator wishes to: (i) modify any of the Operator’s authorised Rollingstock or Rollingstock Configurations; or (ii) have additional Rollingstock or Rollingstock Configurations authorised for use on the Nominated Network, then prior to using any such modified or additional Rollingstock or Rollingstock Configurations on the Nominated Network: (iii) the (i)the Operator must notify Aurizon Network Queensland Rail (giving details of the relevant modification or additional Rollingstock or Rollingstock Configurations); (iv) if Aurizon Network (ii)if Queensland Rail considers it reasonably necessary to do so, the Operator must conduct a supplementary Interface Risk Assessment jointly with Aurizon Network Queensland Rail in accordance with Clause 12 11 (and the provisions of that Clause shall apply if there is any dispute between the Parties in relation to the conduct of the supplementary Interface Risk Assessment); (v) the Operator must provide to Aurizon Network a certificate of compliance in respect of the modified or additional Rollingstock or Rollingstock Configurations in accordance with Clauses 6.9(a) to (c); (vi) the Interface Risk Management Plan shall be amended to reflect any changes agreed or determined in accordance with this Clause 6.9(d) and the Parties shall make any other amendments to this Agreement [(including Aurizon Network varying the Base Access Charges)] which may be reasonably necessary to reflect the authorisation and use of the modified or additional Rollingstock or Rollingstock Configurations on the Nominated Network; [include bracketed text where Operator is paying non-TOP Access Charges] (vii) [Aurizon Network must advise the Operator and End User of any variations to the Base Access Charges payable by the Operator as a result of the authorisation of such modified or additional Rollingstock or Rollingstock Configurations. If the Operator disputes the variations to the Base Access Charges advised by Aurizon Network in accordance with this Clause, either Party may refer the dispute to the QCA for determination in accordance with Clause 18.6; and] [include bracketed text where Operator is paying non-TOP Access Charges] (viii) the Operator must have been notified by Aurizon Network that, in connection with the modified or additional Rollingstock or Rollingstock Configurations, all necessary amendments (if any) to the End User Access Agreement (including variations to the amounts payable by the End User) have been made in respect of such matters and any relevant nomination of the Operator by the End User in accordance with the End User Access Agreement has, if necessary, been varied.

Authorisation of Rollingstock & Rollingstock Configurations. (a) Prior to the operation of any Train Services the Operator must: (i) implement the control measures devised in the Interface Risk Management Plan relevant to assessing the compatibility of the Operator’s Rollingstock and Rollingstock Configurations with the Nominated Network; and (ii) without limiting Clause 6.9(a)(i5.9(a)(i), provide to Aurizon QR Network a certificate by a suitably qualified person whom both Aurizon QR Network and the Operator accept as being competent to provide such certification as to the compliance of the Operator’s Rollingstock and Rollingstock Configurations with the Interface Risk Management Plan (including the Rollingstock Interface Standards) and the Rollingstock and Rollingstock Configurations the subject of that certificate shall then, subject to Aurizon QR Network’s reasonable satisfaction with the certificate provided, be authorised by Aurizon QR Network and included in Schedule 4 as the authorised Rollingstock and Rollingstock Configurations. (b) If requested to do so by Aurizon QR Network, the Operator must provide to Aurizon QR Network (or procure the certifying party to provide to Aurizon QR Network) relevant documentation (including reports on trials and/or commissioning tests) demonstrating that the Rollingstock and Rollingstock Configurations comply with the Interface Risk Management Plan including the Rollingstock Interface Standards.the (c) Where Aurizon QR Network is not satisfied, on the basis of documentation provided by the Operator or the certifying party in accordance with Clauses 6.9(a5.9(a) and (b), that the Rollingstock and/or Rollingstock Configurations comply with the terms of the Interface Risk Management Plan, either Party may refer the adequacy of the documentation and whether the Rollingstock and/or Rollingstock Configurations comply with the terms of the Interface Risk Management Plan for resolution by an expert the Dispute Managers in accordance with Clause 18.317.2. (d) In the event that during the Term the Operator wishes to: (i) modify any of the Operator’s authorised Rollingstock or Rollingstock Configurations; or (ii) have additional Rollingstock or Rollingstock Configurations authorised for use on the Nominated Network, Network then prior to using any such modified or additional Rollingstock or Rollingstock Configurations on the Nominated Network: (iiii) the Operator must notify Aurizon QR Network (giving details of the relevant modification or additional Rollingstock or Rollingstock Configurations); (ivii) if Aurizon QR Network considers it reasonably necessary to do so, the Operator must conduct a supplementary Interface Risk Assessment jointly with Aurizon QR Network in accordance with Clause 12 11 (and the provisions of that Clause shall apply if there is any dispute between the Parties in relation to the conduct of the supplementary Interface Risk Assessment); (viii) the Operator must provide to Aurizon QR Network a certificate of compliance in respect of the modified or additional Rollingstock or Rollingstock Configurations in accordance with Clauses 6.9(a5.9(a) to (c); (viiv) the Interface Risk Management Plan shall be amended to reflect any changes agreed or determined in accordance with this Clause 6.9(d5.9(d) and the Parties shall make any other amendments to this Agreement [(including Aurizon QR Network varying the Base Access Charges)] ) which may be reasonably necessary to reflect the authorisation and use of the modified or additional Rollingstock or Rollingstock Configurations on the Nominated Network; [include bracketed text where Operator is paying non-TOP Access Charges]and (viiv) [Aurizon QR Network must advise the Operator and End User of any variations to the Base Access Charges payable by the Operator as a result of the authorisation of such modified or additional Rollingstock or Rollingstock Configurations. If the Operator disputes the variations to the Base Access Charges advised by Aurizon QR Network in accordance with this Clause, either Party may refer the dispute to the QCA Dispute Managers for determination in accordance with Clause 18.6; and] [include bracketed text where Operator is paying non-TOP Access Charges] (viii) the Operator must have been notified by Aurizon Network that, in connection with the modified or additional Rollingstock or Rollingstock Configurations, all necessary amendments (if any) to the End User Access Agreement (including variations to the amounts payable by the End User) have been made in respect of such matters and any relevant nomination of the Operator by the End User in accordance with the End User Access Agreement has, if necessary, been varied17.2.

Authorisation of Rollingstock & Rollingstock Configurations. (a) Prior to the operation of any Train Services the Operator Access Holder must: (i) cause the Operator to implement the control measures devised in the Interface Risk Management Plan relevant to assessing the compatibility of the Access Holder’s or Operator’s Rollingstock and Rollingstock Configurations with the Nominated Network; and (ii) without limiting Clause 6.9(a)(i5.9(a)(i), provide to Aurizon Network QR a certificate by a suitably qualified person whom both Aurizon Network QR and the Operator Access Holder accept as being competent to provide such certification as to the compliance of the Access Holder’s or Operator’s Rollingstock and Rollingstock Configurations with the Interface Risk Management Plan (including the Rollingstock Interface Standards) and the Rollingstock and Rollingstock Configurations the subject of that certificate shall then, subject to Aurizon NetworkQR’s reasonable satisfaction with the certificate provided, be authorised by Aurizon Network QR and included in Schedule 4 as the authorised Rollingstock and Rollingstock Configurations. (b) If requested to do so by Aurizon NetworkQR, the Operator Access Holder must provide to Aurizon Network QR (or procure the certifying party to provide to Aurizon NetworkQR) relevant documentation (including reports on trials and/or commissioning tests) demonstrating that the Rollingstock and Rollingstock Configurations comply with the Interface Risk Management Plan including the Rollingstock Interface Standards. (c) Where Aurizon Network QR is not satisfied, on the basis of documentation provided by the Operator Access Holder or the certifying party in accordance with Clauses 6.9(a5.9(a) and (b), that the Rollingstock and/or Rollingstock Configurations comply with the terms of the Interface Risk Management Plan, either Party may refer the adequacy of the documentation and whether the Rollingstock and/or Rollingstock Configurations comply with the terms of the Interface Risk Management Plan for resolution by an expert in accordance with Clause 18.317.3. (d) In the event that during the Term the Operator Access Holder (or Operator) wishes to: (i) modify any of the Access Holder’s or Operator’s authorised Rollingstock or Rollingstock Configurations; or (ii) have additional Rollingstock or Rollingstock Configurations authorised for use on the Nominated Network, then prior to using any such modified or additional Rollingstock or Rollingstock Configurations on the Nominated Network: (iiii) the Operator Access Holder must notify Aurizon Network QR (giving details of the relevant modification or additional Rollingstock or Rollingstock Configurations); (ivii) if Aurizon Network QR considers it reasonably necessary to do so, the Operator Access Holder must conduct (or cause to be conducted) a supplementary Interface Risk Assessment jointly with Aurizon Network QR in accordance with Clause 12 11 (and the provisions of that Clause shall apply if there is any dispute between the Parties in relation to the conduct of the supplementary Interface Risk Assessment); (viii) the Operator Access Holder must provide to Aurizon Network QR a certificate of compliance in respect of the modified or additional Rollingstock or Rollingstock Configurations in accordance with Clauses 6.9(a5.9(a) to (c); (viiv) the Interface Risk Management Plan shall be amended to reflect any changes agreed or determined in accordance with this Clause 6.9(d) 5.9(d), and the Parties shall make any other amendments to this Agreement [(including Aurizon Network QR varying the Base Access Charges)] ) which may be reasonably necessary to reflect the authorisation and use of the modified or additional Rollingstock or Rollingstock Configurations on the Nominated Network; [include bracketed text where Operator is paying non-TOP Access Charges]and (viiv) [Aurizon Network QR must advise the Operator and End User Access Holder of any variations to the Base Access Charges payable by the Operator Access Holder as a result of the authorisation of such modified or additional Rollingstock or Rollingstock Configurations. If the Operator Access Holder disputes the variations to the Base Access Charges advised by Aurizon Network QR in accordance with this Clause, either Party may refer the dispute to the QCA for determination in accordance with Clause 18.6; and] [include bracketed text where Operator is paying non-TOP Access Charges] (viii) the Operator must have been notified by Aurizon Network that, in connection with the modified or additional Rollingstock or Rollingstock Configurations, all necessary amendments (if any) to the End User Access Agreement (including variations to the amounts payable by the End User) have been made in respect of such matters and any relevant nomination of the Operator by the End User in accordance with the End User Access Agreement has, if necessary, been varied17.6.