Common use of Exercise of Credit Support Clause in Contracts

Exercise of Credit Support. (a) Subject to clause 4.2(b), the Credit Support will be held by ARTC as security for the performance of the obligations of the Operator under this agreement and may be called upon by ARTC in any circumstances in which ARTC suffers any loss as a result of default by the Operator under this agreement. (b) If ARTC holds Security, and it calls on the Security, the Operator will promptly provide a replacement Security for the amount drawn or exercised by ARTC against the Security. (c) Nothing in clause 4.2 limits ARTC’s entitlement to recover the full amount of ARTC’s loss as a result of default by the Operator under this agreement. 5 Control and management of access to the Network 5.1 ARTC to control As between the parties, control of the Network and management of access to the Network, remains at all times with ARTC. ARTC will control the Network in the manner described in this agreement and the Access Holder Agreement. 5.2 Network access provider’s obligations ARTC agrees at all times during the Term to: (a) undertake the function of Network Control over the Network; (b) comply with the Network Management Principles; (c) safely and efficiently operate the Network so that any permitted use of the Network by the Operator is facilitated promptly and effectively and in accordance with this agreement; (d) have Associated Facilities in place to enable the Operator to utilise the Train Paths on the terms of this agreement; (e) receive, record and collate information from the Operator and other users of the Network for the purposes of, and to more effectively exercise, the functions referred to in clauses 5.2(a) and (b); (f) maintain and operate the Network Control Centre and a communication system for the purpose of communication with the Operator and other users of the Network, and to facilitate the Operator’s access to that communication system; (g) use its best endeavours to provide the Operator with details, as soon as reasonably practicable of all operating incidents (including an Incident) which has affected or could potentially affect the ability of any Train to retain its Path Usage, or else affect its security or safety or the security and safety of the freight or passengers; and (h) comply with all applicable Acts of the Commonwealth and State Parliaments, subordinate legislation, municipal by-laws and other laws in any way applicable to ARTC’s management, control and ownership of the Network.