Common use of Commencement of Train Services for Train Service Type Clause in Contracts

Commencement of Train Services for Train Service Type. (a) Without limiting any other provision of this Agreement, if: (i) schedule 2 is varied to include an additional Train Service Type; or (ii) the Train Service Description for an existing Train Service Type is varied, then the Operator must not operate or continue to operate (as applicable) any Train Services for that Train Service Type unless and until: (iii) if required under clause 6.4, the Operator has provided additional or replacement Security to Aurizon Network in accordance with clause 6.4; (iv) the Operator has demonstrated, to the reasonable satisfaction of Aurizon Network, the matters which the Operator is required to demonstrate under clause 7.5(b) in respect of that Train Service Type; (v) amendments to the Operating Plan to address the operation of those Train Services has been approved by Aurizon Network, or the Operator notified Aurizon Network of its determination that no such amendments are required, under clause 19.2; (vi) if required under clause 21.5, the Operator has provided a Certificate of Compliance to Aurizon Network for all of the Rollingstock which the Operator proposes to use in the operation of Train Services for that Train Service Type, and such Rollingstock is Authorised Rollingstock; (vii) the Operator has provided a Certificate of Compliance to Aurizon Network for all of the Rollingstock Configurations which the Operator proposes to use in the operation of Train Services for that Train Service Type, and such Rollingstock Configurations are Authorised Rollingstock Configurations for that Train Service Type; (viii) Aurizon Network has given the Operator an Authority to Travel or a Train Route Acceptance authorising the Operator to operate Train Services for that Train Service Type using the Authorised Rollingstock Configurations for that Train Service Type; (ix) the Operator has amended the Emergency Response Plan to address the operation of those Train Services, or notified Aurizon Network of its determination that no such amendments are required, under clause 26.2(b); (x) the Operator has provided evidence to Aurizon Network of the Operator’s Accreditation as varied to address the operation of those Train Services, or notified Aurizon Network of its determination that no such variations are required, under clause 27(d); (xi) the Operator and Aurizon Network have jointly conducted a further Interface Risk Assessment, and amendments to the IRMP, to the extent required, have been agreed or determined, under clause 29; (xii) if required under clause 29.10, the Operator has amended the Operator’s Safety Management System to address any amendments to the IRMP and the operation of those Train Services; (xiii) if required under clause 29.12, the Operator has amended the Environmental Management Plan to address any amendments to the IRMP and the operation of those Train Services; and (xiv) the Operator has complied with or implemented any aspects of the Operating Plan, Emergency Response Plan, the Operator’s Accreditation, the IRMP, the Operator’s Safety Management System and the Environmental Management Plan that are required to be complied with or implemented before the commencement of those Train Services. (b) Aurizon Network will use reasonable endeavours to cooperate with the Operator to facilitate the Operator’s compliance with clause 7.3(a). (c) If clause 7.3(a)(i) applies and the Operator has not complied with (i) the Train Service Compliance Date for that Train Service Type and Aurizon Network has a reasonable expectation that the Operator cannot commence the operation of those Train Services by the Train Service Commitment Date for that Train Service Type; or (ii) the Train Service Commitment Date for that Train Service Type, then, provided that the Operator’s failure to comply with clause 7.3(a) was not due to Aurizon Network’s breach of clause 7.3(b): (iii) Aurizon Network may give a notice to the Operator requiring the Operator to comply with clause 7.3(a) within 20 Business Days after the date the notice is given to the Operator; and (iv) if Aurizon Network gives a notice to the Operator under clause 7.3(c)(iii) and the Operator fails to comply with clause 7.3(a) within 20 Business Days after the date that the notice is given to the Operator, then: (A) Aurizon Network may, by notice to the Operator, reduce the Access Rights by the Train Services for that Train Service Type (Reduced Access Rights); and (B) the Reduced Access Rights will cease to form part of the Access Rights on and from the date that the notice referred to in clause 7.3(c)(iv)(A) is given to the Operator. (a) This clause 7.4 only applies in respect of a Train Service Type if: (i) item 5 of schedule 1 states that it applies for that Train Service Type; and (ii) the Customer and each other AID Party (if any) for that Train Service Type has not previously entered into an Access Interface Deed as contemplated by this clause 7.4.

Commencement of Train Services for Train Service Type. (a) Without limiting any other provision of this Agreement, if: (i) schedule 2 is varied to include an additional Train Service Type; or (ii) the Train Service Description for an existing Train Service Type is variedvaried (including under clause 18.2), then the End User must ensure that the Operator must does not operate or continue to operate (as applicable) any Train Services for that Train Service Type unless and until: (iii) if required under clause 6.4, the Operator End User has provided additional or replacement Security to Aurizon Network in accordance with clause 6.4; (iv) the Operator End User has demonstrated, to the reasonable satisfaction of Aurizon Network, the matters which the Operator End User is required to demonstrate under clause 7.5(b7.4(b) in respect of that Train Service Type; (v) amendments to the Operating Plan to address the operation of those Train Services has have been approved by Aurizon Network, or the Operator End User has notified Aurizon Network of its the End User’s determination that no such amendments are required, under clause 19.218.219.2; (vi) if required under clause 21.520.5,21.5, the End User or the Operator has provided a Certificate of Compliance to Aurizon Network for all of the Rollingstock which the Operator proposes to use in the operation of Train Services for that Train Service Type, and such Rollingstock is Authorised Rollingstock; (vii) the End User or the Operator has provided a Certificate of Compliance to Aurizon Network for all of the Rollingstock Configurations which the Operator proposes to use in the operation of Train Services for that Train Service Type, and such Rollingstock Configurations are Authorised Rollingstock Configurations for that Train Service Type; (viii) Aurizon Network has given the End User or the Operator an Authority to Travel or a Train Route Acceptance authorising the End User to cause the Operator to operate Train Services for that Train Service Type using the Authorised Rollingstock Configurations for that Train Service Type; (ix) the End User has caused the Operator has amended to amend the Emergency Response Plan to address the operation of those Train Services, or notified notify Aurizon Network of its the Operator’s determination that no such amendments are required, under clause 26.2(b25.226.2(b); (x) the End User has caused the Operator has provided to provide evidence to Aurizon Network of the Operator’s Accreditation as varied to address the operation of those Train Services, or notified to notify Aurizon Network of its the Operator’s determination that no such variations are required, under clause 27(d2627(f); (xi) the End User, the Operator and Aurizon Network have jointly conducted a further Interface Risk Assessment, and amendments to the IRMP, to the extent required, have been agreed or determined, under clause 292829; (xii) if required under clause 29.1028.10,29.10, the End User has caused the Operator has amended to amend the Operator’s Safety Management System to address any amendments to the IRMP and the operation of those Train Services; (xiii) if required under clause 29.1228.12,29.12, the End User has caused the Operator has amended to amend the Environmental Management Plan to address any amendments to the IRMP and the operation of those Train Services; and (xiv) the Operator End User has complied with or implemented implemented, and/or caused the Operator to comply with or implement, any aspects of the Operating Plan, Emergency Response Plan, the Operator’s Accreditation, the IRMP, the Operator’s Safety Management System and the Environmental Management Plan that are required to be complied with or implemented before the commencement of those Train Services. (b) Aurizon Network will use reasonable endeavours to cooperate with the End User and/or the Operator (as applicable) to facilitate the OperatorEnd User’s compliance with clause 7.3(a). (c) If clause 7.3(a)(i) applies and the Operator End User has not complied with (or caused the Operator to comply with) clause 7.3(a) in respect of the Train Services for a Train Service Type by: (i) if clause 7.3 (a) (i) applies: (A) (i) the Train Service Compliance Date for that Train Service Type and Aurizon Network has a reasonable expectation that the Operator cannot commence the operation of those Train Services by the Train Service Commitment Date for that Train Service Type; or (B) (ii) the Train Service Commitment Date for that Train Service Type; or (ii) if clause 7.3(a)(ii) applies, the date the variation to the Train Service Description for the Train Service Type takes effect, then, provided that the OperatorEnd User’s failure to comply with clause 7.3(a) was not due to Aurizon Network’s breach of clause 7.3(b): (iii) Aurizon Network may give a notice to the Operator End User requiring the Operator End User to comply with clause 7.3(a) within 20 Business Days after the date the notice is given to the OperatorEnd User; and (iv) if Aurizon Network gives a notice to the Operator End User under clause 7.3(c)(iii) and the Operator End User fails to comply with clause 7.3(a) within 20 Business Days after the date that the notice is given to the OperatorEnd User, then: (A) if clause 7.3 (a) (i) applies: (A) Aurizon Network may, by notice to the OperatorEnd User, reduce the Access Rights by the Train Services for that Train Service Type (Reduced Access Rights); and (2) (B) the Reduced Access Rights will cease to form part of the Access Rights on and from the date that the notice referred to in clause 7.3(c)(iv)(A7.3(c)(iv)(A)(1) is given to the Operator. to (a) This clause 7.4 only applies in respect of (ii) applies: (1) Aurizon Network may give the End User a notice specifying that the variation to the Train Service Description for the Train Service Type if: (i) item 5 will cease to be of schedule 1 states that it applies for that Train Service Typeany effect; and (ii2) if Aurizon Network gives the Customer and each other AID Party (if any) End User a notice referred to in clause 7.3(c)(iv)(B)(1), the Train Service Description for that the Train Service Type will be taken not to have been varied (even if the relevant variation has not previously entered into an Access Interface Deed as contemplated by this clause 7.4taken effect) and the Train Service Description for the Train Service Type will be taken to be the Train Service Description for the Train Service Type in force immediately before the variation took effect.

Commencement of Train Services for Train Service Type. (a) Without limiting any other provision of this Agreement, if: (i) schedule 2 is varied to include an additional Train Service Type; or (ii) the Train Service Description for an existing Train Service Type is variedvaried (including under clause 19.2), then the Operator must not operate or continue to operate (as applicable) any Train Services for that Train Service Type unless and until: (iii) if required under clause 6.4, the Operator has provided additional or replacement Security to Aurizon Network in accordance with clause 6.4; (iv) the Operator has demonstrated, to the reasonable satisfaction of Aurizon Network, the matters which the Operator is required to demonstrate under clause 7.5(b) in respect of that Train Service Type; (v) amendments to the Operating Plan to address the operation of those Train Services has hashave been approved by Aurizon Network, or the Operator notified Aurizon Network of its determination that no such amendments are required, under clause 19.219.220.2; (vi) if required under clause 21.521.5,22.5, the Operator has provided a Certificate of Compliance to Aurizon Network for all of the Rollingstock which the Operator proposes to use in the operation of Train Services for that Train Service Type, and such Rollingstock is Authorised RollingstockXxxxxxxxxxxx; (vii) the Operator has provided a Certificate of Compliance to Aurizon Network for all of the Rollingstock Configurations which the Operator proposes to use in the operation of Train Services for that Train Service Type, and such Rollingstock Configurations are Authorised Rollingstock Configurations for that Train Service Type; (viii) Aurizon Network has given the Operator an Authority to Travel or a Train Route Acceptance authorising the Operator to operate Train Services for that Train Service Type using the Authorised Rollingstock Configurations for that Train Service Type; (ix) the Operator has amended the Emergency Response Plan to address the operation of those Train Services, or notified Aurizon Network of its determination that no such amendments are required, under clause 26.2(b26.227.2(b); (x) the Operator has provided evidence to Aurizon Network of the Operator’s Accreditation as varied to address the operation of those Train Services, or notified Aurizon Network of its determination that no such variations are required, under clause 27(d2728(d); (xi) the Operator and Aurizon Network have jointly conducted a further Interface Risk Assessment, and amendments to the IRMP, to the extent required, have been agreed or determined, under clause 292930; (xii) if required under clause 29.1029.10,30.10, the Operator has amended the Operator’s Safety Management System to address any amendments to the IRMP and the operation of those Train Services; ; (xiii) if required under clause 29.1229.12,30.12, the Operator has amended the Environmental Management Plan to address any amendments to the IRMP and the operation of those Train Services; and (xiv) the Operator has complied with or implemented any aspects of the Operating Plan, Emergency Response Plan, the Operator’s Accreditation, the IRMP, the Operator’s Safety Management System and the Environmental Management Plan that are required to be complied with or implemented before the commencement of those Train Services. (b) Aurizon Network will use reasonable endeavours to cooperate with the Operator to facilitate the Operator’s compliance with clause 7.3(a). (c) If clause 7.3(a)(i) applies and the Operator has not complied with (i) the Train Service Compliance Date for that Train Service Type and Aurizon Network has a reasonable expectation that the Operator cannot commence the operation of those Train Services by the Train Service Commitment Date for that Train Service Type; or (ii) the Train Service Commitment Date for that Train Service Type, then, provided that the Operator’s failure to comply with clause 7.3(a) was not due to Aurizon Network’s breach of clause 7.3(b): (iii) Aurizon Network may give a notice to the Operator requiring the Operator to comply with clause 7.3(a) within 20 Business Days after the date the notice is given to the Operator; and (iv) if Aurizon Network gives a notice to the Operator under clause 7.3(c)(iii) and the Operator fails to comply with clause 7.3(a) within 20 Business Days after the date that the notice is given to the Operator, then: (A) Aurizon Network may, by notice to the Operator, reduce the Access Rights by the Train Services for that Train Service Type (Reduced Access Rights); and (B) the Reduced Access Rights will cease to form part of the Access Rights on and from the date that the notice referred to in clause 7.3(c)(iv)(A) is given to the Operator. (a) This clause 7.4 only applies in respect of a Train Service Type if: (i) item 5 of schedule 1 states that it applies for that Train Service Type; and (ii) the Customer and each other AID Party (if any) for that Train Service Type has not previously entered into an Access Interface Deed as contemplated by this clause 7.4.

Commencement of Train Services for Train Service Type. (a) Without limiting any other provision of this Agreement, if: (i) schedule 2 is varied to include an additional Train Service Type; or (ii) the Train Service Description for an existing Train Service Type is variedvaried (including under clause 18.2), then the End User must ensure that the Operator must does not operate or continue to operate (as applicable) any Train Services for that Train Service Type unless and until: (iii) if required under clause 6.4, the Operator End User has provided additional or replacement Security to Aurizon Network in accordance with clause 6.4; (iv) the Operator End User has demonstrated, to the reasonable satisfaction of Aurizon Network, the matters which the Operator End User is required to demonstrate under clause 7.5(b7.4(b) in respect of that Train Service Type; (v) amendments to the Operating Plan to address the operation of those Train Services has have been approved by Aurizon Network, or the Operator End User has notified Aurizon Network of its the End User’s determination that no such amendments are required, under clause 19.2; (vi) if required under clause 21.5, the End User or the Operator has provided a Certificate of Compliance to Aurizon Network for all of the Rollingstock which the Operator proposes to use in the operation of Train Services for that Train Service Type, and such Rollingstock is Authorised Rollingstock; (vii) the End User or the Operator has provided a Certificate of Compliance to Aurizon Network for all of the Rollingstock Configurations which the Operator proposes to use in the operation of Train Services for that Train Service Type, and such Rollingstock Configurations are Authorised Rollingstock Configurations for that Train Service Type; (viii) Aurizon Network has given the End User or the Operator an Authority to Travel or a Train Route Acceptance authorising the End User to cause the Operator to operate Train Services for that Train Service Type using the Authorised Rollingstock Configurations for that Train Service Type; (ix) the End User has caused the Operator has amended to amend the Emergency Response Plan to address the operation of those Train Services, or notified notify Aurizon Network of its the Operator’s determination that no such amendments are required, under clause 26.2(b); (x) the End User has caused the Operator has provided to provide evidence to Aurizon Network of the Operator’s Accreditation as varied to address the operation of those Train Services, or notified to notify Aurizon Network of its the Operator’s determination that no such variations are required, under clause 27(d27(f); (xi) the End User, the Operator and Aurizon Network have jointly conducted a further Interface Risk Assessment, and amendments to the IRMP, to the extent required, have been agreed or determined, under clause 29; (xii) if required under clause 29.10, the End User has caused the Operator has amended to amend the Operator’s Safety Management System to address any amendments to the IRMP and the operation of those Train Services; (xiii) if required under clause 29.12, the End User has caused the Operator has amended to amend the Environmental Management Plan to address any amendments to the IRMP and the operation of those Train Services; and (xiv) the Operator End User has complied with or implemented implemented, and/or caused the Operator to comply with or implement, any aspects of the Operating Plan, Emergency Response Plan, the Operator’s Accreditation, the IRMP, the Operator’s Safety Management System and the Environmental Management Plan that are required to be complied with or implemented before the commencement of those Train Services. (b) Aurizon Network will use reasonable endeavours to cooperate with the End User and/or the Operator (as applicable) to facilitate the OperatorEnd User’s compliance with clause 7.3(a). (c) If clause 7.3(a)(i7.3(a) applies and the Operator End User has not complied with (or caused the Operator to comply with) clause 7.3(a) in respect of the Train Services for a Train Service Type by: (i) if clause 7.3(a)(i) applies: (A) the Train Service Compliance Date for that Train Service Type and Aurizon Network has a reasonable expectation that the Operator cannot commence the operation of those Train Services by the Train Service Commitment Date for that Train Service Type; or (iiB) the Train Service Commitment Date for that Train Service Type; or (ii) if clause 7.3(a)(ii) applies, the date the variation to the Train Service Description for the Train Service Type takes effect, then, provided that the OperatorEnd User’s failure to comply with clause 7.3(a) was not due to Aurizon Network’s breach of clause 7.3(b): (iii) Aurizon Network may give a notice to the Operator End User requiring the Operator End User to comply with clause 7.3(a) within 20 Business Days after the date the notice is given to the OperatorEnd User; and (iv) if Aurizon Network gives a notice to the Operator End User under clause 7.3(c)(iii) and the Operator End User fails to comply with clause 7.3(a) within 20 Business Days after the date that the notice is given to the OperatorEnd User, then: (A) if clause 7.3 (a) (i) applies: (1) Aurizon Network may, by notice to the OperatorEnd User, reduce the Access Rights by the Train Services for that Train Service Type (Reduced Access Rights); and (B2) the Reduced Access Rights will cease to form part of the Access Rights on and from the date that the notice referred to in clause 7.3(c)(iv)(A7.3(c)(iv)(A)(1) is given to the Operator. End User; or (B) if clause 7.3 (a) This clause 7.4 only applies in respect of (ii) applies: (1) Aurizon Network may give the End User a notice specifying that the variation to the Train Service Description for the Train Service Type if: (i) item 5 will cease to be of schedule 1 states that it applies for that Train Service Typeany effect; and (ii2) if Aurizon Network gives the Customer and each other AID Party (if any) End User a notice referred to in clause 7.3(c)(iv)(B)(1), the Train Service Description for that the Train Service Type will be taken not to have been varied (even if the relevant variation has not previously entered into an Access Interface Deed as contemplated by this clause 7.4taken effect) and the Train Service Description for the Train Service Type will be taken to be the Train Service Description for the Train Service Type in force immediately before the variation took effect.

Commencement of Train Services for Train Service Type. (a) Without limiting any other provision of this AgreementAgreementthis Deed, if: (i) schedule 2 is varied or deemed to be varied to include an additional Train Service Type; or (ii) the Train Service Description for an existing Train Service Type is variedvaried or deemed to be varied (including under clause 11.2), then the Operator must not only operate or continue to operate (as applicable) any such additional or varied Train Services for that Train Service Type if:unless and until: (iii) if required under clause 6.4, the Operator has provided additional or replacement Security to Aurizon Network in accordance with clause 6.4;Operator: (ivA) the Operator has demonstrated, to the reasonable satisfaction of Aurizon Network, the matters which the Operator is required to demonstrate under clause 7.5(b) 9.2(a)Error! Reference source not found. in respect of that Train Service Type; (v) amendments to the Operating Plan to address the operation of those Train Services has been approved by Aurizon Network, or the Operator notified Aurizon Network of its determination that no such amendments are required, under clause 19.2; (viB) if required under clause 21.514.5, the Operator has provided a Certificate of Compliance to Aurizon Network for all of the Rollingstock or Rollingstock Configurations which the Operator proposes to use in the operation of Train Services for that Train Service Type, and such Rollingstock is Authorised Rollingstock; (vii) the Operator has provided a Certificate of Compliance to Aurizon Network for all of the Rollingstock Configurations which the Operator proposes to use in the operation of Train Services for that Train Service Type, and or such Rollingstock Configurations are Authorised Rollingstock Configurations for that Train Service Type; (viiiC) Aurizon Network has given the Operator an Authority to Travel or a Train Route Acceptance authorising the Operator to operate Train Services for that Train Service Type using the Authorised Rollingstock Configurations for that Train Service Type; (ix) the Operator has amended the Emergency Response Plan to address the operation of those Train Services, or notified Aurizon Network of its determination that no such amendments are required, under clause 26.2(b12.2(a); (xD) the Operator has provided evidence to Aurizon Network of the Operator’s Accreditation as varied to address the operation of those Train Services, or notified Aurizon Network of its determination that no such variations are required, under clause 27(d)8; (xiE) the Operator and Aurizon Network have jointly conducted a further Interface Risk Assessment, and amendments to the IRMP, to the extent required, have been agreed or determined, under clause 2912.2(e); (xiiF) if required under clause 29.1021.5, the Operator has amended the Operator’s Safety Management System to address any amendments to the IRMP and the operation of those Train Services;; and (xiiiG) if required under clause 29.1212.2, the Operator has amended the Environmental Management Plan to address any amendments to the IRMP and the operation of those Train Services; and (xivA) the Operator (H) has complied with or implemented any aspects of the Operating Plan, Emergency Response Plan, the Operator’s Accreditation, the IRMP, the Operator’s Safety Management System and the Environmental Management Plan that are required to be complied with or implemented before the commencement of those Train Services. (b) Aurizon Network will use reasonable endeavours to cooperate with the Operator to facilitate the Operator’s compliance with clause 7.3(a). (c) If clause 7.3(a)(i) applies and the Operator has not complied with (i) the Train Service Compliance Date for that Train Service Type and Aurizon Network has a reasonable expectation that the Operator cannot commence the operation of those Train Services by the Train Service Commitment Date for that Train Service Type; or (ii) the Train Service Commitment Date for that Train Service Type, then, provided that the Operator’s failure to comply with clause 7.3(a) was not due to Aurizon Network’s breach of clause 7.3(b): (iii) Aurizon Network may give a notice to the Operator requiring the Operator to comply with clause 7.3(a) within 20 Business Days after the date the notice is given to the Operator; and (iv) if Aurizon Network gives a notice to the Operator under clause 7.3(c)(iii) and the Operator fails to comply with clause 7.3(a) within 20 Business Days after the date that the notice is given to the Operator, then: (A) Aurizon Network may, by notice to the Operator, reduce the Access Rights by the Train Services for that Train Service Type (Reduced Access Rights); and (B) the Reduced Access Rights will cease to form part of the Access Rights on and from the date that the notice referred to in clause 7.3(c)(iv)(A) is given to the Operator. (a) This clause 7.4 only applies in respect of a Train Service Type if: (i) item 5 of schedule 1 states that it applies for that Train Service Type; and (ii) the Customer and each other AID Party (if any) for that Train Service Type has not previously entered into an Access Interface Deed as contemplated by this clause 7.4.;

Commencement of Train Services for Train Service Type. (a) Without limiting any other provision of this Agreement, if: (i) schedule 2 is varied or deemed to be varied to include an additional Train Service Type; or (ii) the Train Service Description for an existing Train Service Type is variedvaried or deemed to be varied (including under clause 14.2), then the Operator must not operate or continue to operate (as applicable) any Train Services for that Train Service Type unless and until: (iii) if required under clause 6.49.4 and not otherwise provided by the End User in accordance with clause 9.9, the Operator has provided additional or replacement Security to Aurizon Network in accordance with clause 6.49.4; (iv) the Operator has demonstrated, to the reasonable satisfaction of Aurizon Network, the matters which the Operator is required to demonstrate under clause 7.5(b10.4(b) in respect of that Train Service Type; (v) amendments to the Operating Plan to address the operation of those Train Services has have been approved by Aurizon Network, or the Operator notified Aurizon Network of its determination that no such amendments are required, under clause 19.215.2; (vi) if required under clause 21.517.5, the Operator has provided a Certificate of Compliance to Aurizon Network for all of the Rollingstock which the Operator proposes to use in the operation of Train Services for that Train Service Type, and such Rollingstock is Authorised Rollingstock; (vii) the Operator has provided a Certificate of Compliance to Aurizon Network for all of the Rollingstock Configurations which the Operator proposes to use in the operation of Train Services for that Train Service Type, and such Rollingstock Configurations are Authorised Rollingstock Configurations for that Train Service Type; (viii) Aurizon Network has given the Operator an Authority to Travel or a Train Route Acceptance authorising the Operator to operate Train Services for that Train Service Type using the Authorised Rollingstock Configurations for that Train Service Type; (ix) the Operator has amended the Emergency Response Plan to address the operation of those Train Services, or notified Aurizon Network of its determination that no such amendments are required, under clause 26.2(b22.2(b); (x) the Operator has provided evidence to Aurizon Network of the Operator’s Accreditation as varied to address the operation of those Train Services, or notified Aurizon Network of its determination that no such variations are required, under clause 27(d23(d); (xi) the Operator and Aurizon Network have jointly conducted a further Interface Risk Assessment, and amendments to the IRMP, to the extent required, have been agreed or determined, under clause 29; 25; (xii) if required under clause 29.1025.10, the Operator has amended the Operator’s Safety Management System to address any amendments to the IRMP and the operation of those Train Services; (xiii) if required under clause 29.12, the Operator has amended the Environmental Management Plan to address any amendments to the IRMP and the operation of those Train Services; and (xiv) the Operator has complied with or implemented any aspects of the Operating Plan, Emergency Response Plan, the Operator’s Accreditation, the IRMP, the Operator’s Safety Management System and the Environmental Management Plan that are required to be complied with or implemented before the commencement of those Train Services. (b) Aurizon Network will use reasonable endeavours to cooperate with the Operator to facilitate the Operator’s compliance with clause 7.3(a). (c) If clause 7.3(a)(i) applies and the Operator has not complied with (i) the Train Service Compliance Date for that Train Service Type and Aurizon Network has a reasonable expectation that the Operator cannot commence the operation of those Train Services by the Train Service Commitment Date for that Train Service Type; or (ii) the Train Service Commitment Date for that Train Service Type, then, provided that the Operator’s failure to comply with clause 7.3(a) was not due to Aurizon Network’s breach of clause 7.3(b): (iii) Aurizon Network may give a notice to the Operator requiring the Operator to comply with clause 7.3(a) within 20 Business Days after the date the notice is given to the Operator; and (iv) if Aurizon Network gives a notice to the Operator under clause 7.3(c)(iii) and the Operator fails to comply with clause 7.3(a) within 20 Business Days after the date that the notice is given to the Operator, then: (A) Aurizon Network may, by notice to the Operator, reduce the Access Rights by the Train Services for that Train Service Type (Reduced Access Rights); and (B) the Reduced Access Rights will cease to form part of the Access Rights on and from the date that the notice referred to in clause 7.3(c)(iv)(A) is given to the Operator. (a) This clause 7.4 only applies in respect of a Train Service Type if: (i) item 5 of schedule 1 states that it applies for that Train Service Type; and (ii) the Customer and each other AID Party (if any) for that Train Service Type has not previously entered into an Access Interface Deed as contemplated by this clause 7.4.

Commencement of Train Services for Train Service Type. (a) Without limiting any other provision of this Agreement, if: (i) schedule 2 is varied or deemed to be varied to include an additional Train Service Type; or (ii) the Train Service Description for an existing Train Service Type is variedvaried or deemed to be varied (including under clause 14.2), then the Operator must not operate or continue to operate (as applicable) any Train Services for that Train Service Type unless and until: (iii) if required under clause 6.49.4 and not otherwise provided by the End User in accordance with clause 9.9, the Operator has provided additional or replacement Security to Aurizon Network in accordance with clause 6.49.4; (iv) the Operator has demonstrated, to the reasonable satisfaction of Aurizon Network, the matters which the Operator is required to demonstrate under clause 7.5(b10.4(b) in respect of that Train Service Type; (v) amendments to the Operating Plan to address the operation of those Train Services has hashave been approved by Aurizon Network, or the Operator notified Aurizon Network of its determination that no such amendments are required, under clause 19.215.2; (vi) if required under clause 21.517.5, the Operator has provided a Certificate of Compliance to Aurizon Network for all of the Rollingstock which the Operator proposes to use in the operation of Train Services for that Train Service Type, and such Rollingstock is Authorised Rollingstock; (vii) the Operator has provided a Certificate of Compliance to Aurizon Network for all of the Rollingstock Configurations which the Operator proposes to use in the operation of Train Services for that Train Service Type, and such Rollingstock Configurations are Authorised Rollingstock Configurations for that Train Service Type; (viii) Aurizon Network has given the Operator an Authority to Travel or a Train Route Acceptance authorising the Operator to operate Train Services for that Train Service Type using the Authorised Rollingstock Configurations for that Train Service Type; (ix) the Operator has amended the Emergency Response Plan to address the operation of those Train Services, or notified Aurizon Network of its determination that no such amendments are required, under clause 26.2(b22.2(b); (x) the Operator has provided evidence to Aurizon Network of the Operator’s Accreditation as varied to address the operation of those Train Services, or notified Aurizon Network of its determination that no such variations are required, under clause 27(d23(d); (xi) the Operator and Aurizon Network have jointly conducted a further Interface Risk Assessment, and amendments to the IRMP, to the extent required, have been agreed or determined, under clause 29; 25; (xii) if required under clause 29.1025.10, the Operator has amended the Operator’s Safety Management System to address any amendments to the IRMP and the operation of those Train Services; (xiii) if required under clause 29.12, the Operator has amended the Environmental Management Plan to address any amendments to the IRMP and the operation of those Train Services; and (xiv) the Operator has complied with or implemented any aspects of the Operating Plan, Emergency Response Plan, the Operator’s Accreditation, the IRMP, the Operator’s Safety Management System and the Environmental Management Plan that are required to be complied with or implemented before the commencement of those Train Services. (b) Aurizon Network will use reasonable endeavours to cooperate with the Operator to facilitate the Operator’s compliance with clause 7.3(a). (c) If clause 7.3(a)(i) applies and the Operator has not complied with (i) the Train Service Compliance Date for that Train Service Type and Aurizon Network has a reasonable expectation that the Operator cannot commence the operation of those Train Services by the Train Service Commitment Date for that Train Service Type; or (ii) the Train Service Commitment Date for that Train Service Type, then, provided that the Operator’s failure to comply with clause 7.3(a) was not due to Aurizon Network’s breach of clause 7.3(b): (iii) Aurizon Network may give a notice to the Operator requiring the Operator to comply with clause 7.3(a) within 20 Business Days after the date the notice is given to the Operator; and (iv) if Aurizon Network gives a notice to the Operator under clause 7.3(c)(iii) and the Operator fails to comply with clause 7.3(a) within 20 Business Days after the date that the notice is given to the Operator, then: (A) Aurizon Network may, by notice to the Operator, reduce the Access Rights by the Train Services for that Train Service Type (Reduced Access Rights); and (B) the Reduced Access Rights will cease to form part of the Access Rights on and from the date that the notice referred to in clause 7.3(c)(iv)(A) is given to the Operator. (a) This clause 7.4 only applies in respect of a Train Service Type if: (i) item 5 of schedule 1 states that it applies for that Train Service Type; and (ii) the Customer and each other AID Party (if any) for that Train Service Type has not previously entered into an Access Interface Deed as contemplated by this clause 7.4.

Commencement of Train Services for Train Service Type. (a) Without limiting any other provision of this Agreement, if: (i) schedule 2 is varied to include an additional Train Service Type; or (ii) the Train Service Description for an existing Train Service Type is variedvaried (including under clause 19.2), then the Operator must not operate or continue to operate (as applicable) any Train Services for that Train Service Type unless and until: (iii) if required under clause 6.4, the Operator has provided additional or replacement Security to Aurizon Network in accordance with clause 6.4; (iv) the Operator has demonstrated, to the reasonable satisfaction of Aurizon Network, the matters which the Operator is required to demonstrate under clause 7.5(b) in respect of that Train Service Type; (v) amendments to the Operating Plan to address the operation of those Train Services has have been approved by Aurizon Network, or the Operator notified Aurizon Network of its determination that no such amendments are required, under clause 19.220.2; (vi) if required under clause 21.522.5, the Operator has provided a Certificate of Compliance to Aurizon Network for all of the Rollingstock which the Operator proposes to use in the operation of Train Services for that Train Service Type, and such Rollingstock is Authorised Rollingstock; (vii) the Operator has provided a Certificate of Compliance to Aurizon Network for all of the Rollingstock Configurations which the Operator proposes to use in the operation of Train Services for that Train Service Type, and such Rollingstock Configurations are Authorised Rollingstock Configurations for that Train Service Type; (viii) Aurizon Network has given the Operator an Authority to Travel or a Train Route Acceptance authorising the Operator to operate Train Services for that Train Service Type using the Authorised Rollingstock Configurations for that Train Service Type; (ix) the Operator has amended the Emergency Response Plan to address the operation of those Train Services, or notified Aurizon Network of its determination that no such amendments are required, under clause 26.2(b27.2(b); (x) the Operator has provided evidence to Aurizon Network of the Operator’s Accreditation as varied to address the operation of those Train Services, or notified Aurizon Network of its determination that no such variations are required, under clause 27(d28(d); (xi) the Operator and Aurizon Network have jointly conducted a further Interface Risk Assessment, and amendments to the IRMP, to the extent required, have been agreed or determined, under clause 2930; (xii) if required under clause 29.1030.10, the Operator has amended the Operator’s Safety Management System to address any amendments to the IRMP and the operation of those Train Services; (xiii) if required under clause 29.1230.12, the Operator has amended the Environmental Management Plan to address any amendments to the IRMP and the operation of those Train Services; and (xiv) the Operator has complied with or implemented any aspects of the Operating Plan, Emergency Response Plan, the Operator’s Accreditation, the IRMP, the Operator’s Safety Management System and the Environmental Management Plan that are required to be complied with or implemented before the commencement of those Train Services. (b) Aurizon Network will use reasonable endeavours to cooperate with the Operator to facilitate the Operator’s compliance with clause 7.3(a). (c) If clause 7.3(a)(i7.3(a) applies and the Operator has not complied withwith clause 7.3(a) in respect of the Train Services for a Train Service Type by: (i) if clause 7.3(a)(i) applies: (A) the Train Service Compliance Date for that Train Service Type and Aurizon Network has a reasonable expectation that the Operator cannot commence the operation of those Train Services by the Train Service Commitment Date for that Train Service Type; or (iiB) the Train Service Commitment Date for that Train Service Type; or (ii) if clause 7.3(a)(ii) applies, the date the variation to the Train Service Description for the Train Service Type takes effect, then, provided that the Operator’s failure to comply with clause 7.3(a) was not due to Aurizon Network’s breach of clause 7.3(b): (iii) Aurizon Network may give a notice to the Operator requiring the Operator to comply with clause 7.3(a) within 20 Business Days after the date the notice is given to the Operator; and (iv) if Aurizon Network gives a notice to the Operator under clause 7.3(c)(iii) and the Operator fails to comply with clause 7.3(a) within 20 Business Days after the date that the notice is given to the Operator, then: (A) if clause 7.3(a)(i) applies: (1) Aurizon Network may, by notice to the Operator, reduce the Access Rights by the Train Services for that Train Service Type (Reduced Access Rights); and (B2) the Reduced Access Rights will cease to form part of the Access Rights on and from the date that the notice referred to in clause 7.3(c)(iv)(A7.3(c)(iv)(A)(1) is given to the Operator. ; or (aB) This if clause 7.4 only applies in respect of 7.3(a)(ii) applies: (1) Aurizon Network may give the Operator a notice specifying that the variation to the Train Service Description for the Train Service Type if: (i) item 5 will cease to be of schedule 1 states that it applies for that Train Service Typeany effect; and (ii2) if Aurizon Network gives the Customer and each other AID Party (if any) Operator a notice referred to in clause 7.3(c)(iv)(B)(1), the Train Service Description for that the Train Service Type will be taken not to have been varied (even if the relevant variation has not previously entered into an Access Interface Deed as contemplated by this clause 7.4.taken effect) and the Train Service Description for the Train Service Type will be taken to be the Train Service Description for the Train Service Type in force immediately before the variation took effect..

Commencement of Train Services for Train Service Type. (a) Without limiting any other provision of this Agreement, if: (i) schedule 2 is varied to include an additional Train Service Type; or (ii) the Train Service Description for an existing Train Service Type is varied, then the Operator must not operate or continue to operate (as applicable) any Train Services for that Train Service Type unless and until: (iii) if required under clause 6.49.4 and not otherwise provided by the End User in accordance with clause 9.9, the Operator has provided additional or replacement Security to Aurizon Network in accordance with clause 6.49.4; (iv) the Operator has demonstrated, to the reasonable satisfaction of Aurizon Network, the matters which the Operator is required to demonstrate under clause 7.5(b10.4(b) in respect of that Train Service Type; (v) amendments to the Operating Plan to address the operation of those Train Services has been approved by Aurizon Network, or the Operator notified Aurizon Network of its determination that no such amendments are required, under clause 19.215.2; (vi) if required under clause 21.517.5, the Operator has provided a Certificate of Compliance to Aurizon Network for all of the Rollingstock which the Operator proposes to use in the operation of Train Services for that Train Service Type, and such Rollingstock is Authorised Rollingstock; (vii) the Operator has provided a Certificate of Compliance to Aurizon Network for all of the Rollingstock Configurations which the Operator proposes to use in the operation of Train Services for that Train Service Type, and such Rollingstock Configurations are Authorised Rollingstock Configurations for that Train Service Type; (viii) Aurizon Network has given the Operator an Authority to Travel or a Train Route Acceptance authorising the Operator to operate Train Services for that Train Service Type using the Authorised Rollingstock Configurations for that Train Service Type; (ix) the Operator has amended the Emergency Response Plan to address the operation of those Train Services, or notified Aurizon Network of its determination that no such amendments are required, under clause 26.2(b22.2(b); (x) the Operator has provided evidence to Aurizon Network of the Operator’s Accreditation as varied to address the operation of those Train Services, or notified Aurizon Network of its determination that no such variations are required, under clause 27(d23(d); (xi) the Operator and Aurizon Network have jointly conducted a further Interface Risk Assessment, and amendments to the IRMP, to the extent required, have been agreed or determined, under clause 29; 25; (xii) if required under clause 29.1025.10, the Operator has amended the Operator’s Safety Management System to address any amendments to the IRMP and the operation of those Train Services; (xiii) if required under clause 29.12, the Operator has amended the Environmental Management Plan to address any amendments to the IRMP and the operation of those Train Services; and (xiv) the Operator has complied with or implemented any aspects of the Operating Plan, Emergency Response Plan, the Operator’s Accreditation, the IRMP, the Operator’s Safety Management System and the Environmental Management Plan that are required to be complied with or implemented before the commencement of those Train Services. (b) Aurizon Network will use reasonable endeavours to cooperate with the Operator to facilitate the Operator’s compliance with clause 7.3(a). (c) If clause 7.3(a)(i) applies and the Operator has not complied with (i) the Train Service Compliance Date for that Train Service Type and Aurizon Network has a reasonable expectation that the Operator cannot commence the operation of those Train Services by the Train Service Commitment Date for that Train Service Type; or (ii) the Train Service Commitment Date for that Train Service Type, then, provided that the Operator’s failure to comply with clause 7.3(a) was not due to Aurizon Network’s breach of clause 7.3(b): (iii) Aurizon Network may give a notice to the Operator requiring the Operator to comply with clause 7.3(a) within 20 Business Days after the date the notice is given to the Operator; and (iv) if Aurizon Network gives a notice to the Operator under clause 7.3(c)(iii) and the Operator fails to comply with clause 7.3(a) within 20 Business Days after the date that the notice is given to the Operator, then: (A) Aurizon Network may, by notice to the Operator, reduce the Access Rights by the Train Services for that Train Service Type (Reduced Access Rights); and (B) the Reduced Access Rights will cease to form part of the Access Rights on and from the date that the notice referred to in clause 7.3(c)(iv)(A) is given to the Operator. (a) This clause 7.4 only applies in respect of a Train Service Type if: (i) item 5 of schedule 1 states that it applies for that Train Service Type; and (ii) the Customer and each other AID Party (if any) for that Train Service Type has not previously entered into an Access Interface Deed as contemplated by this clause 7.4.