Examples of temporary variations of Train Paths by the giving of Instructions by ARTC. (a) For the avoidance of doubt, and without limiting clause 8.1(a), the Operator’s right to utilise a Train Path or a Path Usage may be temporarily varied by the giving of Instructions:
(i) for the purpose of preventing potential, or in response to actual:
(A) breach of the Safeworking Rules or of clause 12 by the Operator or of similar safety requirements by other operators on the Network;
(B) material damage to the Network, ARTC’s property or any Associated Facilities;
(C) injury to any person or damage to any property;
(D) delay to the progress of Trains on the Network (but only insofar as any trains operated by a third party have priority over the Operator’s Trains having regard to the Network Management Principles);
(E) terrorism and security matters; or
(ii) for the purpose of preventing, or in response to, any actual or threatened breach by the Operator of any of its material obligations under this agreement.
(b) The Operator must comply with the Instructions and must only utilise a Train Path or a Path Usage according to the Instructions.
(c) The Instructions referred to in clause 9.1(a) may comprise, but need not be confined to, Instructions in one or more of the following terms:
(i) to cease use of a Train Path or a Path Usage by the Service and for the Service to proceed over such path on the Network as ARTC nominates;
(ii) to continue use by the Service of the Network subject to such variation of the applicable Train Path, Path Usage, Service or the composition or quality of Trains as ARTC nominates;
(iii) to cause the Service to proceed to a point on the Network and stand there until ARTC issues a further Instruction in relation to the Service; or
(iv) if the Service operates outside of its Service Assumptions or the Daily Train Plan, to delay or redirect the Service to allow access to the Network by another operator of a Train whose service would, but for the delay or redirection of the Operator’s Service, be delayed or further delayed.
