Common use of Inspection by Operator Clause in Contracts

Inspection by Operator. (a) Subject to Clause 7.3(b), the Operator may, prior to the initial commencement of Train Services, at its cost and risk, inspect the Infrastructure and circumstances surrounding the Infrastructure comprising the Nominated Network including, but not limited to, fencing and level crossing protection in order to satisfy itself as to the standard of the Infrastructure and assess the operational, environmental and safety risks associated with operation of Train Services on the Infrastructure. (b) Any inspection by the Operator under Clause 7.3(a) shall be subject to: (i) the Operator providing reasonable written notice to Aurizon Network of its requirement to inspect the Infrastructure and conducting that inspection at reasonable times; (ii) any such inspection being conducted in the presence of a representative of Aurizon Network; and (iii) such other reasonable conditions as may be imposed by Aurizon Network on such inspection including, but not limited to, compliance with Aurizon Network’s Safeworking Procedures and Safety Standards, and shall be conducted in such a manner as to not cause any disruption to any Train Movements or to the undertaking of Maintenance Work or Enhancements.

Inspection by Operator. (a) Subject to Clause 7.3(b), the Operator may, prior to the initial commencement of Train Services, at its cost and risk, inspect the Infrastructure and circumstances surrounding the Infrastructure comprising the Nominated Network including, but not limited to, fencing and level crossing protection in order to satisfy itself as to the standard of the Infrastructure and assess the operational, environmental and safety risks associated with operation of Train Services on the Infrastructure. (b) Any inspection by the Operator under Clause 7.3(a) shall be subject to: (i) the Operator providing reasonable written notice to Aurizon QR Network of its requirement to inspect the Infrastructure and conducting that inspection at reasonable times; (ii) any such inspection being conducted in the presence of a representative of Aurizon QR Network; and (iii) such other reasonable conditions as may be imposed by Aurizon QR Network on such inspection including, but not limited to, compliance with Aurizon QR Network’s Safeworking Procedures and Safety Standards, and shall be conducted in such a manner as to not cause any disruption to any Train Movements or to the undertaking of Maintenance Work or Enhancements.