Claims in respect of non provision of Access
(a) a Train Service is cancelled as a result of a failure by Aurizon Network to make the Infrastructure available for an Operator to operate the Train Service at the Scheduled Time in the Train Schedule and Aurizon Network was unable to schedule the Train Service at a reasonable alternative time; and
(b) the failure by Aurizon Network to make the Infrastructure available was a result of a breach of this Agreement by Aurizon Network, or negligence on the part of Aurizon Network; and
(c) the failure by Aurizon Network to make the Infrastructure available is not attributable to:
(i) the End User or an Operator;
(ii) another Railway Operator (other than Aurizon Network);
(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
(d) 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 of the General Conditions of Contract of the Train Operations Agreement and the total number of Train Services cancelled in a Billing Period as a result of a failure by Aurizon Network to make the Infrastructure available exceeds the Allowable Threshold; or
(ii) the Parties have agreed upon and implemented a performance and adjustment regime for the purposes of Clause 6.6 and Schedule 5 of the General Conditions of Contract of the Train Operations Agreement, but the non-provision of access or cancellation of Train Services is of a magnitude which is beyond the scope of that performance and adjustment regime.
Claims in respect of non provision of Access
(a) a Train Service is cancelled as a result of a failure by QR Network to make the Infrastructure available for the Access Holder to operate the Train Service at the Scheduled Time in the Train Schedule and QR Network was unable to schedule the Train Service at a reasonable alternative time; and
(b) the failure by QR Network to make the Infrastructure available was a result of a breach of this Agreement by QR Network, or negligence on the part of QR Network; and
(c) the failure by QR Network to make the Infrastructure available is not attributable to:
(i) the Access Holder or the Operator;
(ii) another Railway Operator (other than QR Network);
(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 QR Network, acting reasonably, in response to an emergency or a genuine safety risk; and
(d) either:
(i) the Parties have not agreed upon and implemented a performance and adjustment regime for the purposes of Clause 5.6 and Schedule 5 and the total number of Train Services cancelled in a Billing Period as a result of a failure by QR Network to make the Infrastructure available exceeds the Allowable Threshold; or
(ii) the Parties have agreed upon and implemented a performance and adjustment regime for the purposes of Clause 5.6 and Schedule 5, but the non-provision of Access or cancellation of Train Services is of a magnitude which is beyond the scope of that performance and adjustments regime.
Claims in respect of non provision of Access
Claims in respect of non provision of Access
(a) a Train Service is cancelled as a result of a failure by QRAurizon Network to make the Infrastructure available for the Operator to operate the Train Service at the Scheduled Time in the Train Schedule and QRAurizon Network was unable to schedule the Train Service at a reasonable alternative time; and
(b) the failure by QRAurizon Network to make the Infrastructure available was a result of a breach of this Agreement by QRAurizon Network, or negligence on the part of QRAurizon Network; and
(c) the failure by QRAurizon Network to make the Infrastructure available is not attributable to:
(i) anthe End User or the Operator;
(ii) another Railway Operator (other than QRAurizon Network); a Force Majeure Event;
Claims in respect of non provision of Access
(a) a Train Service is cancelled as a result of a failure by Aurizon Network to make the Infrastructure available for the Operator to operate the Train Service at the Scheduled Time in the Train Schedule and Aurizon Network was unable to schedule the Train Service at a reasonable alternative time; and
(b) the failure by Aurizon Network to make the Infrastructure available was a result of a breach of this Agreement by Aurizon Network, or negligence on the part of Aurizon Network; and (i) the End User or the Operator;
Claims in respect of non provision of Access
(a) a Train Service is cancelled as a result of a failure by QR Network to make the Infrastructure available for an Operator to operate the Train Service at the Scheduled Time in the Train Schedule and QR Network was unable to schedule the Train Service at a reasonable alternative time; and
(b) the failure by QR Network to make the Infrastructure available was a result of a breach of this Agreement by QR Network, or negligence on the part of QR Network; and
(c) the failure by QR Network to make the Infrastructure available is not attributable to:
(i) the End User or an Operator;
(ii) another Railway Operator (other than QR Network);
(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 QR Network, acting reasonably, in response to an emergency or a genuine safety risk; and
(d) either: (i)
Claims in respect of non provision of Access
(a) a Train Service is cancelled as a result of a failure by QR Network to make the Infrastructure available for an Operator to operate the Train Service at the Scheduled Time in the Train Schedule and QR Network was unable to schedule the Train Service at a reasonable alternative time; and
(b) the failure by QR Network to make the Infrastructure available was a result of a breach of this Agreement by QR Network, or negligence on the part of QR Network; and
(c) the failure by QR Network to make the Infrastructure available is not attributable to:
(i) the End User or an Operator;
Claims in respect of non provision of Access
(a) a Train Service is cancelled as a result of a failure by QRAurizon Network to make the Infrastructure available for an Operator to operate the Train Service at the Scheduled Time in the Train Schedule and QRAurizon Network was unable to schedule the Train Service at a reasonable alternative time; and
(b) the failure by QRAurizon Network to make the Infrastructure available was a result of a breach of this Agreement by QRAurizon Network, or negligence on the part of QRAurizon Network; and
(c) the failure by QRAurizon Network to make the Infrastructure available is not attributable to:
(i) the End User or an Operator;
(ii) another Railway Operator (other than QRAurizon Network);
(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 QRAurizon Network, acting reasonably, in response to an emergency or a genuine safety risk; and
(d) either:
(i) the Parties have not agreed upon and implemented a performance and adjustment regime for the purposes of Clause 56.6 and Schedule 5 of the General Conditions of Contract of the Train Operations Agreement and the total number of Train Services cancelled in a Billing Period as a result of a failure by QRAurizon Network to make the Infrastructure available exceeds the Allowable Threshold; or
(ii) the Parties have agreed upon and implemented a performance and adjustment regime for the purposes of Clause 5,6.6 and Schedule 5 of the General Conditions of Contract of the Train Operations Agreement, but the non-provision of access or cancellation of Train Services is of a magnitude which is beyond the scope of that performance and adjustment regime.
Claims in respect of non provision of Access
(a) a Train Service is cancelled as a result of a failure by QR Network to make the Infrastructure available for the Operator to operate the Train Service at the Scheduled Time in the Train Schedule and QR Network was unable to schedule the Train Service at a reasonable alternative time; and
(b) the failure by QR Network to make the Infrastructure available was a result of a breach of this Agreement by QR Network, or negligence on the part of QR Network; and
(c) the failure by QR Network to make the Infrastructure available is not attributable to:
(i) an End User or the Operator;
(ii) another Railway Operator (other than QR Network);
(iii) a Force Majeure Event;
