Grant to Operator of Train Paths. (a) ARTC grants to the Operator during the Term the use and availability of the Train Paths and the use of the Network for this purpose upon the terms and conditions set out in this
(b) Notwithstanding clause 2.1(a), the availability of a Scheduled Train Path is subject to:
(i) presentation by the Operator to Train Control of a Train which is ready in all things for departure within 15 minutes of the scheduled time for departure of that Train according to the relevant Scheduled Train Path;
(ii) emergencies or genuine and material safety considerations;
(iii) 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);
(iv) material failure of the Operator’s Service;
(v) the Network Management Principles;
(vi) without limiting any other clause of this Agreement, any lawful order, direction or requirement given to ARTC by a Governmental Agency, including without limitation, the Head, Transport for Victoria under section 10 of the Transport (Compliance and Miscellaneous) Act 1983 (VIC); and
(vii) Third Party Works.
(c) The Operator agrees at all times during the Term not to access or attempt to access the Network in any way other than is authorised by this Agreement.
Grant to Operator of Train Paths. (a) TfNSW grants to the Operator, during the Term, the use and availability of the Train Paths and the use of the Network for the purpose of conducting a Service, upon the terms and conditions set out in this Agreement.
(b) Notwithstanding clause 2.1(a), the availability of a Train Path is subject to:
(1) presentation by the Operator to the Train Control Entity of a Train which is ready in all things for departure within 15 minutes of the scheduled time for departure of that Train according to the relevant Scheduled Train Path;
(2) emergencies or genuine safety considerations;
(3) matters outside of the reasonable control of TfNSW (except for matters which arise due to TfNSW’s negligence or breach of its obligations under this Agreement);
(4) failure of the Operator’s Service;
(5) the Operations Protocol;
(6) without limiting any other clause of this Agreement, any lawful order, direction or requirement given to TfNSW by a Governmental Agency; and
Grant to Operator of Train Paths. GWAN grants to the Operator during the Term of this Agreement, the use and availability of the Train Paths and the use of the Network for this purpose upon the terms and conditions set out in this Agreement (including the Special Conditions).
Grant to Operator of Train Paths a) ARTC grants to the Operator during the term of this Agreement the use and availability of the Train Paths and the use of the Network for this purpose upon the terms and conditions set out in this Agreement.
Grant to Operator of Train Paths.
(a) TAHE grants to the Operator, during the Term, the use and availability of the Train Paths and the use of the Network for the purpose of conducting a Service, upon the terms and conditions set out in this Agreement.
(b) Notwithstanding clause 2.1(a), the availability of a Train Path is subject to:
(1) presentation by the Operator to the Train Control Entity of a Train which is ready in all things for departure within 15 minutes of the scheduled time for departure of that Train according to the relevant Scheduled Train Path;
(2) emergencies or genuine safety considerations;
(3) matters outside of the reasonable control of TAHE (except for matters which arise due to TAHE’s negligence or breach of its obligations under this Agreement);
(4) failure of the Operator’s Service;
(5) the Operations Protocol;
(6) without limiting any other clause of this Agreement, any lawful order, direction or requirement given to TAHE by a Governmental Agency; and
(7) Third Party Works.
(c) The Operator agrees at all times during the Term not to access or attempt to access the Network in any way other than is authorised by this Agreement.
