Derivative right to use Train Paths for the transport of coal Sample Clauses

Derivative right to use Train Paths for the transport of coal. (a) ARTC agrees that the Operator may, during the Term, for the purpose of transporting coal, operate a Service on a Train Path, upon the terms and conditions set out in this agreement, subject to: (i) the Operator being nominated by the Access Holder to provide a Service using a Path Usage on a Train Path for the purposes of the Daily Train Plan; and (ii) the terms of access granted to the Access Holder under the Access Holder Agreement. (b) Notwithstanding clause 3.1(a), the availability of a Train Path or a Path Usage is subject to: (i) ARTC’s Passenger Priority obligations under clause 3.4 of this agreement; (ii) unless otherwise agreed, presentation by the Operator to Network Control of a Train which is ready in all things for departure within 15 minutes of the time nominated in the applicable Daily Train Plan for departure of that Train; (iii) emergencies or genuine and material safety considerations; (iv) matters outside of the reasonable control of ARTC (except for matters which arise due to ARTC’s negligence or breach of its obligations under this agreement); (v) material failure of the Operator’s Service; (vi) the Network Management Principles; (vii) without limiting any other clause of this agreement, any lawful order, direction or requirement given to ARTC by a Government Authority; and (viii) Third Party Works, (“Availability Exceptions”, provided that the Availability Exceptions apply only to the extent that the occurrence of the Availability Exception prevents ARTC (acting reasonably) from making that particular Train Path or Path Usage available to the Access Holder). (c) The Operator agrees at all times during the Term not to access or attempt to access the Network on behalf of the Access Holder in any way other than is authorised by this agreement and the Access Holder Agreement, or as authorised under a separate valid and binding agreement.
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