Common use of Claims in respect of delays to Train Movements Clause in Contracts

Claims in respect of delays to Train Movements. Neither Party (the “Affected Party”) shall have or make any Claim against the other Party (the “Defaulting Party”) in respect of delays to Train Movements unless, and shall only have a Claim to the extent that: (a) the delay was a result of a breach of this Agreement by the Defaulting Party, or negligence on the part of the Defaulting Party; and (b) the delay is not attributable to: (i) the Affected Party (or the End User where the Operator is the Affected Party); (ii) another Railway Operator (other than the Defaulting Party or the End User where the Operator is the Defaulting Party); (iii) a Force Majeure Event; (iv) Major Periodic Maintenance of (including Enhancements to) the Infrastructure scheduled in a manner consistent with the Network Management Principles; or (v) any action taken by Aurizon Network, acting reasonably, in response to an emergency or a genuine safety risk; and (c) either: (i) the Parties have not agreed upon and implemented a performance and adjustment regime for the purposes of Clause 6.6 and Schedule 5; or (ii) the Parties have agreed upon and implemented a performance and adjustment regime for the purposes of Clause 6.6 and Schedule 5, but the delays are of a magnitude which is beyond the scope of that performance and adjustments regime.

Claims in respect of delays to Train Movements. Neither Party (the “Affected Party”) shall have or make any Claim against the other Party (the “Defaulting Party”) in respect of delays to Train Movements unless, and shall only have a Claim to the extent that: (a) the delay was a result of a breach of this Agreement by the Defaulting Party, or negligence on the part of the Defaulting Party; and (b) the delay is not attributable to: (i) the Affected Party (or an Operator where the End User where the Operator is the Affected Party); (ii) another Railway Operator (other than Aurizon Network or the Defaulting Party or an Operator where the End User where the Operator is the Defaulting Party); (iii) a Force Majeure Event; (iv) Major Periodic Maintenance of (including Enhancements to) the Infrastructure scheduled in a manner consistent with the Network Management Principles; or (v) any action taken by Aurizon Network, acting reasonably, in response to an emergency or a genuine safety risk; and (c) either: (i) the Parties have not agreed upon and implemented a performance and adjustment regime for the purposes of Clause 6.6 and Schedule 55 of the General Conditions of Contract of the Train Operations Agreement; or (ii) the Parties have agreed upon and implemented a performance and adjustment regime for the purposes of Clause 6.6 and Schedule 55 of the General Conditions of Contract of the Train Operations Agreement, but the delays are of a magnitude which is beyond the scope of that performance and adjustments adjustment regime.

Claims in respect of delays to Train Movements. Neither Party (the “Affected Party”) shall have or make any Claim against the other Party (the “Defaulting Party”) in respect of delays to Train Movements unless, and shall only have a Claim to the extent that: (a) the delay was a result of a breach of this Agreement by the Defaulting Party, or negligence on the part of the Defaulting Party; and (b) the delay is not attributable to: (i) the Affected Party (or Operator where the End User where the Operator is the Affected Party); (ii) another Railway Operator (other than QR Network or the Defaulting Party or an Operator where the End User where the Operator is the Defaulting Party); (iii) a Force Majeure Event; (iv) Major Periodic Maintenance of (including Enhancements to) the Infrastructure scheduled in a manner consistent with the Network Management Principles; or (v) any action taken by Aurizon QR Network, acting reasonably, in response to an emergency or a genuine safety risk; and (c) either: (i) the Parties have not agreed upon and implemented a performance and adjustment regime for the purposes of Clause 6.6 and Schedule 5; or (ii) the Parties have agreed upon and implemented a performance and adjustment regime for the purposes of Clause 6.6 and Schedule 5, but the delays are non-provision of access or cancellation of Train Services is of a magnitude which is beyond the scope of that performance and adjustments adjustment regime.

Claims in respect of delays to Train Movements. Neither Party (the “Affected Party”) shall have or make any Claim against the other Party (the “Defaulting Party”) in respect of delays to Train Movements unless, and shall only have a Claim to the extent that: (a) the delay was a result of a breach of this Agreement by the Defaulting Party, or negligence on the part of the Defaulting Party; and (b) the delay is not attributable to: (i) the Affected Party (or the an End User where the Operator is the Affected Party); (ii) another Railway Operator (other than the Defaulting Party or the an End User where the Operator is the Defaulting Party); (iii) a Force Majeure Event; (iv) Major Periodic Maintenance of (including Enhancements to) the Infrastructure scheduled in a manner consistent with the Network Management Principles; or (v) any action taken by Aurizon QR Network, acting reasonably, in response to an emergency or a genuine safety risk; and (c) either: (i) the Parties have not agreed upon and implemented a performance and adjustment regime for the purposes of Clause 6.6 and Schedule 5Schedule 5; or (ii) the Parties have agreed upon and implemented a performance and adjustment regime for the purposes of Clause 6.6 and Schedule 5Schedule 5, but the delays are of a magnitude which is beyond the scope of that performance and adjustments regime.

Claims in respect of delays to Train Movements. Neither Party (the “Affected Party”) shall have or make any Claim against the other Party (the “Defaulting Party”) in respect of delays to Train Movements unless, and shall only have a Claim to the extent that: (a) the delay was a result of a breach of this Agreement by the Defaulting Party, or negligence on the part of the Defaulting Party; and (b) the delay is not attributable to: (i) the Affected Party (or the End User where the Operator is the Affected Party); (ii) another Railway Operator (other than the Defaulting Party or the End User where the Operator is the Defaulting Party); (iii) a Force Majeure Event; (iv) Major Periodic Maintenance of (including Enhancements to) the Infrastructure scheduled in a manner consistent with the Network Management Principles; or (v) any action taken by Aurizon QR Network, acting reasonably, in response to an emergency or a genuine safety risk; and (c) either: (i) the Parties have not agreed upon and implemented a performance and adjustment regime for the purposes of Clause 6.6 and Schedule 5Schedule 5; or (ii) the Parties have agreed upon and implemented a performance and adjustment regime for the purposes of Clause 6.6 and Schedule 5Schedule 5, but the delays are of a magnitude which is beyond the scope of that performance and adjustments regime.

Claims in respect of delays to Train Movements. Neither Party (the “Affected Party”) shall have or make any Claim against the other Party (the “Defaulting Party”) in respect of delays to Train Movements unless, and shall only have a Claim to the extent that: (a) the delay was a result of a breach of this Agreement by the Defaulting Party, or negligence on the part of the Defaulting Party; and (b) the delay is not attributable to: (i) the Affected Party (or an Operator where the End User where the Operator is the Affected Party); (ii) another Railway Operator (other than QR Network or the Defaulting Party or an Operator where the End User where the Operator is the Defaulting Party); (iii) a Force Majeure Event; (iv) Major Periodic Maintenance of (including Enhancements to) the Infrastructure scheduled in a manner consistent with the Network Management Principles; or (v) any action taken by Aurizon QR Network, acting reasonably, in response to an emergency or a genuine safety risk; and (c) either: (i) the Parties have not agreed upon and implemented a performance and adjustment regime for the purposes of Clause 6.6 and Schedule 5of the Train Operations Agreement; or (ii) the Parties have agreed upon and implemented a performance and adjustment regime for the purposes of Clause 6.6 and Schedule 5of the Train Operations Agreement, but the delays are non-provision of access or cancellation of Train Services is of a magnitude which is beyond the scope of that performance and adjustments adjustment regime.

Claims in respect of delays to Train Movements. Neither Party (the “Affected Party”) shall have or make any Claim against the other Party (the “Defaulting Party”) in respect of delays to Train Movements unless, and shall only have a Claim to the extent that: (a) the delay was a result of a breach of this Agreement by the Defaulting Party, or negligence on the part of the Defaulting Party; and (b) the delay is not attributable to: (i) the Affected Party (or the End User where the Operator is the Affected Party); (ii) another Railway Operator (other than the Defaulting Party or the End User where the Operator is the Defaulting Party); (iii) a Force Majeure Event; (iv) Major Periodic Maintenance of (including Enhancements to) the Infrastructure scheduled in a manner consistent with the Network Management Principles; or (v) any action taken by Aurizon QR Network, acting reasonably, in response to an emergency or a genuine safety risk; and (c) either: (iii) the Parties have not agreed upon and implemented a performance and adjustment regime for the purposes of Clause 6.6 and Schedule 5; or (ii) or the Parties have agreed upon and implemented a performance and adjustment regime for the purposes of Clause 6.6 and Schedule 5, but the delays are of a magnitude which is beyond the scope of that performance and adjustments regime.

Claims in respect of delays to Train Movements. Neither Party (the “Affected Party”) shall have or make any Claim against the other Party (the “Defaulting Party”) in respect of delays to Train Movements unless, and shall only have a Claim to the extent that: (a) the delay was a result of a breach of this Agreement by the Defaulting Party, or negligence on the part of the Defaulting Party; and (b) the delay is not attributable to: (i) the Affected Party (or an Operator where the End User where the Operator is the Affected Party); (ii) another Railway Operator (other than QRAurizon Network or the Defaulting Party or an Operator where the End User where the Operator is the Defaulting Party); (iii) a Force Majeure Event; (iv) Major Periodic Maintenance of (including Enhancements to) the Infrastructure scheduled in a manner consistent with the Network Management Principles; or (v) any action taken by Aurizon QRAurizon Network, acting reasonably, in response to an emergency or a genuine safety risk; and (c) either: (i) the Parties have not agreed upon and implemented a performance and adjustment regime for the purposes of Clause 6.6 5; or6.6 and Schedule 55 of the General Conditions of Contract of the Train Operations Agreement; or (ii) the Parties have agreed upon and implemented a performance and adjustment regime for the purposes of Clause 6.6 5, but the non-provision of access or cancellation of Train Services is6.6 and Schedule 55 of the General Conditions of Contract of the Train Operations Agreement, but the delays are of a magnitude which is beyond the scope of that performance and adjustments adjustment regime.