Common use of Early and late Services Clause in Contracts

Early and late Services. (a) If a Path Usage has been scheduled for use by the Operator under a Daily Train Plan, the Operator must present to Network Control a Train which is ready in all respects for departure within 15 minutes of the time nominated in the applicable Daily Train Plan for departure of that Train. (b) Notwithstanding clause 3.1(b), ARTC will use its best endeavours to accommodate a Service which is running early or late, is presented at the point of entry to the Network late or is presented at the point of entry to the Network more than 15 minutes early by providing another Path Usage for that Service at ARTC’s first available opportunity (subject to the Network Management Principles). (c) Both parties will, subject to this agreement, use their best endeavours to: (i) ensure that such Services which are running or presented late recover the lost time; (ii) ensure that such Services which are presented more than 15 minutes early depart the Network no later than the scheduled time; and (iii) in the case where the Service is a loaded or empty coal train, seek to implement the course of action determined by ARTC through liaison with the HVCCC and live run operations group as contemplated in the Network Management Principles, including, where appropriate, actions other than provided for in paragraphs (i) and (ii) above. (d) Nothing in this clause 3.6 requires ARTC to provide a Path Usage where to do so would be inconsistent with the Network Management Principles or ARTC’s obligations (consistent with the Network Management Principles) to a user of the Network other than the Operator or the Access Holder (where such obligations had first arisen before the first entry of the Train on the Network to which this clause 3.6 relates).

Early and late Services. (a) If a Path Usage has been scheduled for use by the Operator under a Daily Train Plan, the Operator must present to Network Control a Train which is ready in all respects for departure within 15 minutes of the time nominated in the applicable Daily Train Plan for departure of that Train. (b) Notwithstanding clause 3.1(b), ARTC will use its best endeavours to accommodate a Service which is running early or late, is presented at the point of entry to the Network late or is presented at the point of entry to the Network more than 15 minutes early by providing another Path Usage for that Service at ARTC’s first available opportunity (subject to the Network Management Principles). (c) Both parties will, subject to this agreement, use their best endeavours to: (i) ensure that such Services which are running or presented late recover the lost time;; and (ii) ensure that such Services which are presented more than 15 minutes early depart the Network no later than the scheduled time; and (iii) in the case where the Service is a loaded or empty coal train, seek to implement the course of action determined by ARTC through liaison with the HVCCC and live run operations group as contemplated in the Network Management Principles, including, where appropriate, actions other than provided for in paragraphs (i) and (ii) above. (d) Nothing in this clause 3.6 requires ARTC to provide a Path Usage where to do so would be inconsistent with the Network Management Principles or ARTC’s obligations (consistent with the Network Management Principles) to a user of the Network other than the Operator or the Access Holder (where such obligations had first arisen before the first entry of the Train on the Network to which this clause 3.6 relates).

Early and late Services. (a) If a Path Usage has been scheduled for use by the Operator under a Daily Train Plan, the Operator must present to Network Control a Train which is ready in all respects for departure within 15 minutes of the time nominated in the applicable Daily Train Plan for departure of that Train. (b) Notwithstanding clause 3.1(b), ARTC will use its best endeavours to accommodate a Service which is running early or late, is presented at the point of entry to the Network late or is presented at the point of entry to the Network more than 15 minutes early by providing another Path Usage for that Service at ARTC’s first available opportunity (subject to the Network Management Principles). (c) Both parties will, subject to this agreement, use their best endeavours to: (i) ensure that such Services which are running or presented late recover the lost time;; and (ii) ensure that such Services which are presented more than 15 minutes early depart the Network no later than the scheduled time; and (iii) in the case where the Service is a loaded or empty coal train, seek to implement the course of action determined by ARTC through liaison with the HVCCC and live run operations group as contemplated in the Network Management Principles, including, where appropriate, actions other than provided for in paragraphs (i) and (ii) above. (d) Nothing in this clause 3.6 requires ARTC to provide a Path Usage where to do so would be inconsistent with the Network Management Principles or ARTC’s obligations (consistent with the Network Management Principles) to a user of the Network other than the Operator or the Access Holder (where such obligations had first arisen before the first entry of the Train on the Network to which this clause 3.6 relates).