Limited Agency. (a) The Operator agrees that, unless otherwise notified by ARTC in accordance with a request received by ARTC from the Access Holder, it is the agent of the Access Holder for the following purposes: (i) providing inputs and agreeing to the final Daily Train Plan and the scheduling of Trains or changes to that plan or schedule for the Path Usages for which it is nominated by the Access Holder; (ii) the use of a Path Usage for which the Operator is nominated and scheduled to use under the Daily Train Plan, (A) including the giving and receiving of notices and instructions in relation to availability of Path Usages and the Services using those Path Usages in accordance with this agreement; (B) but excluding the actual operation of Services on that Path Usage and, to avoid doubt, the parties agree that the Access Holder does not incur liability for Incidents as a result of this clause 3.2; (iii) agreeing to temporary changes to a Train Path, a Path Usage, or the Service using that Train Path or Path Usage in accordance with clauses 8 or 9; and (iv) the day to day operation of the Network for the Path Usages for which it has been nominated by the Access Holder as the Operator, including communications with the Network Control Centre, providing Train Manifests to ARTC and informing ARTC of any changes to the Services (including under clauses 5.4(k), (l) and (m)); (b) Where the Operator is acting as agent for the Access Holder under clause 3.2, the Operator agrees that: (i) ARTC is under no obligation to deal with the Access Holder and will deal directly with the Operator; and (ii) the Operator will provide notices to the Access Holder as appropriate and agreed between them.
Appears in 12 contracts
Samples: Operator Sub Agreement, Operator Sub Agreement, Operator Sub Agreement
