ESTABLISHMENT AND OPERATION OF THE COMPANY Sample Clauses

ESTABLISHMENT AND OPERATION OF THE COMPANY. 5 (1) The Commonwealth and the States will, to the extent each in its capacity as a shareholder in the Company is able, procure the Company to: (a) negotiate Best Practice Industrial Agreements with the relevant unions leading to an enterprise award as envisaged by Recital B (a) (iii); (b) before the commitment of any capital upgrading have in place best Practice Industrial Agreements which the Company advises provide a basis for commercial operations; (c) commence and conduct national interstate rail freight operations; (d) conduct all marketing and determine pricing for interstate rail freight carried on by the Company; (e) collect and retain all revenue generated by the carriage of interstate rail freight from the date of commencement of operations; (f) take over progressively from the rail authorities of the Commonwealth and the States, in whole or in part, functions of the type listed in Schedule 2 and the management of the associated assets pursuant to the provisions of this Agreement and the agreements entered into pursuant to subclauses 5 (3), 5 (4) and 5 (5); and (g) give effect to this Agreement and to those obligations which by this Agreement are expressed to be obligations of the Company. 5 (2) The Commonwealth, the States and the other States will, and will cause their respective rail authorities to assist the Company, when requested by the Company, to undertake the matters set out in subclause 5 (1), except, in the case of the other States, in relation to the matters set out in paragraph 5 (1) (f). Contracts for Services 5 (3) Prior to and during the Transition Period, at the request of the Company, the Commonwealth and the States shall, and shall cause their respective rail authorities to, enter into contracts with the Company for the provision of rail services to the Company, relating to interstate rail freight. Those contracts will make provision for the following during the Transition Period: (a) The price for services performed under the contracts shall be agreed on the basis that: (i) the initial contract price, to apply for no longer than for the period of 12 months after the date of commencement of operations, will be set having regard to: (A) the Company being able to meet its costs incurred in performing the functions assumed by it in whole or in part, during the period for which the initial contract price applies (being reasonable costs); and (B) the revenue that the rail authority would have received under the Railways of Australi...
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ESTABLISHMENT AND OPERATION OF THE COMPANY. 5(1) The Commonwealth and the States will, to the extent each in its capacity as a shareholder in the Company is able, procure the Company to: (a) negotiate Best Practice Industrial Agreements with the relevant unions leading to an enterprise award as envisaged by Recital B(a)(iii); (b) before the commitment of any capital upgrading have in place Best Practice Industrial Agreements which the Company advises provide a basis for commercial operations; (c) commence and conduct national interstate rail freight operations; (d) conduct all marketing and determine pricing for interstate rail freight carried on by the Company; (e) collect and retain all revenue generated by the carriage of interstate rail freight from the date of commencement of operations; (f) take over progressively from the rail authorities of the Commonwealth and the States, in whole or in part, functions of the type listed in Schedule 2 and the management of the associated assets pursuant to the provisions of this Agreement and the agreements entered into pursuant to subclauses 5(3), 5(4) and 5(5); and (g) give effect to this Agreement and to those obligations which by this Agreement are expressed to be obligations of the Company.
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ESTABLISHMENT AND OPERATION OF THE COMPANY. The Commonwealth and the States will, to the extent each in its capacity as a shareholder in the Company is able, procure the Company to:
Sample 1

Related to ESTABLISHMENT AND OPERATION OF THE COMPANY

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