Common use of Maintenance of the Nominated Network Clause in Contracts

Maintenance of the Nominated Network. (a) Aurizon Network must carry out Maintenance Work on the Nominated Network such that, subject to any agreed criteria and the Network Management Principles: (i) the Infrastructure is consistent with the Rollingstock Interface Standards; and (ii) the Operator can operate Train Services in accordance with their Scheduled Times. (b) Aurizon Network may impose either temporarily or permanently such Operational Constraints as it considers necessary for the protection of any person or any property (including the Infrastructure) or to facilitate the performance of Maintenance Work or Enhancements provided that in exercising its rights under this Clause 7.2(b) Aurizon Network must: (i) use its reasonable endeavours to minimise disruption to Train Services (including giving as much notice as possible and, where possible, providing alternate Scheduled Times having regard to the reasonable requirements of the Operator); and (ii) comply with the relevant procedures specified in the Interface Coordination Plan. (c) Except to the extent that an Operational Constraint resulted from a breach by Aurizon Network of this Agreement or the End User Access Agreement, any delays or cancellations of Train Services caused by or resulting from Operational Constraints shall not constitute a default by Aurizon Network of its obligations under this Agreement and Aurizon Network will not be liable for any Claims suffered or incurred by or made or brought by or against the Operator as a result of or arising from the imposition of such an Operational Constraint. (d) The Operator must notify Aurizon Network as soon as is reasonably practicable of any damage to or disrepair or failure in operation or function of any part of the Infrastructure of which the Operator becomes aware. (e) The Operator must provide reasonable cooperation to Aurizon Network in relation to the timetabling of Planned Possessions provided that any such Planned Possessions are consistent with the Network Management Principles and implemented in accordance with the Possession Protocols.

Maintenance of the Nominated Network. (a) Aurizon QR Network must carry out Maintenance Work on the Nominated Network such that, subject to any agreed criteria and the Network Management Principles: (i) the Infrastructure is consistent with the Rollingstock Interface Standards; and (ii) the Operator can operate Train Services in accordance with their Scheduled Times. (b) Aurizon QR Network may impose either temporarily or permanently such Operational Constraints as it considers necessary for the protection of any person or any property (including the Infrastructure) or to facilitate the performance of Maintenance Work or Enhancements provided that in exercising its rights under this Clause 7.2(b6.2(b) Aurizon QR Network must: (i) use its reasonable endeavours to minimise disruption to Train Services (including giving as much notice as possible and, where possible, providing alternate Scheduled Times having regard to the reasonable requirements of the Operator); and (ii) comply with the relevant procedures specified in the Interface Coordination Plan. (c) Except to the extent that an Operational Constraint resulted from a breach by Aurizon QR Network of this Agreement or the End User Access Agreement, any delays or cancellations of Train Services caused by or resulting from Operational Constraints shall not constitute a default by Aurizon QR Network of its obligations under this Agreement and Aurizon QR Network will not be liable for any Claims suffered or incurred by or made or brought by or against the Access Holder or Operator as a result of or arising from the imposition of such an Operational Constraint. (d) The Access Holder must (and must cause the Operator must to) notify Aurizon QR Network as soon as is reasonably practicable of any damage to or disrepair or failure in operation or function of any part of the Infrastructure of which the Access Holder or Operator (as applicable) becomes aware. (e) The Operator Access Holder must provide reasonable cooperation to Aurizon QR Network in relation to the timetabling of Planned Possessions provided that any such Planned Possessions are consistent with the Network Management Principles and implemented in accordance with the Possession Protocols.

Maintenance of the Nominated Network. (a) Aurizon QR Network must carry out Maintenance Work on the Nominated Network such that, subject to any agreed criteria and the Network Management Principles: (i) the Infrastructure is consistent with the Rollingstock Interface Standards; and (ii) the Operator can operate Train Services in accordance with their its Scheduled Times. (b) Aurizon QR Network may impose either temporarily or permanently such Operational Constraints as it considers necessary for the protection of any person or any property (including the Infrastructure) or to facilitate the performance of Maintenance Work or Enhancements provided that in exercising its rights under this Clause 7.2(b6.2(b) Aurizon QR Network must: (i) use its reasonable endeavours to minimise disruption to Train Services (including giving as much notice as possible and, where possible, providing alternate Scheduled Times having regard to the reasonable requirements of the Operator); and (ii) comply with the relevant procedures specified in the Interface Coordination Plan. (c) Except to the extent that an Operational Constraint resulted from a breach by Aurizon QR Network of this Agreement or the End User Access Agreement, any delays or cancellations of Train Services caused by or resulting from Operational Constraints shall not constitute a default by Aurizon QR Network of its obligations under this Agreement and Aurizon QR Network will not be liable for any Claims suffered or incurred by or made or brought by or against the Operator as a result of or arising from the imposition of such an Operational Constraint. (d) The Operator must notify Aurizon QR Network as soon as is reasonably practicable of any damage to or disrepair or failure in operation or function of any part of the Infrastructure of which the Operator becomes aware. (e) The Operator must provide reasonable cooperation to Aurizon QR Network in relation to the timetabling of Planned Possessions provided that any such Planned Possessions are consistent with the Network Management Principles and implemented in accordance with the Possession Protocols.

Maintenance of the Nominated Network. (a) Aurizon QR Network must carry out Maintenance Work on the Nominated Network such that, subject to any agreed criteria and the Network Management Principles: (i) the Infrastructure is consistent with the Rollingstock Interface Standards; and (ii) the Operator can operate Train Services in accordance with their Scheduled Times. (b) Aurizon QR Network may impose either temporarily or permanently such Operational Constraints as it considers necessary for the protection of any person or any property (including the Infrastructure) or to facilitate the performance of Maintenance Work or Enhancements provided that in exercising its rights under this Clause 7.2(b) Aurizon QR Network must: (i) use its reasonable endeavours to minimise disruption to Train Services (including giving as much notice as possible and, where possible, providing alternate Scheduled Times having regard to the reasonable requirements of the Operator); and (ii) comply with the relevant procedures specified in the Interface Coordination Plan. (c) Except to the extent that an Operational Constraint resulted from a breach by Aurizon QR Network of this Agreement or the End User Access Agreement, any delays or cancellations of Train Services caused by or resulting from Operational Constraints shall not constitute a default by Aurizon QR Network of its obligations under this Agreement and Aurizon QR Network will not be liable for any Claims suffered or incurred by or made or brought by or against the Operator as a result of or arising from the imposition of such an Operational Constraint. (d) The Operator must notify Aurizon QR Network as soon as is reasonably practicable of any damage to or disrepair or failure in operation or function of any part of the Infrastructure of which the Operator becomes aware. (e) The Operator must provide reasonable cooperation to Aurizon QR Network in relation to the timetabling of Planned Possessions provided that any such Planned Possessions are consistent with the Network Management Principles and implemented in accordance with the Possession Protocols.

Maintenance of the Nominated Network. (a) Aurizon QR Network must carry out Maintenance Work on the Nominated Network such that, subject to any agreed criteria and the Network Management Principles: (i) the Infrastructure is consistent with the Rollingstock Interface Standards; and (ii) the Operator can operate Train Services in accordance with their Scheduled Times. (b) Aurizon QR Network may impose either temporarily or permanently such Operational Constraints as it considers necessary for the protection of any person or any property (including the Infrastructure) or to facilitate the performance of Maintenance Work or Enhancements provided that in exercising its rights under this Clause 7.2(b) Aurizon QR Network must: (i) use its reasonable endeavours to minimise disruption to Train Services (including giving as much notice as possible and, where possible, providing alternate Scheduled Times having regard to the reasonable requirements of the Operator); and (ii) comply with the relevant procedures specified in the Interface Coordination Plan. (c) Except to the extent that an Operational Constraint resulted from a breach by Aurizon QR Network of this Agreement or the End User Access Agreement, any delays or cancellations of Train Services caused by or resulting from Operational Constraints shall not constitute a default by Aurizon QR Network of its obligations under this Agreement and Aurizon QR Network will not be liable for any Claims suffered or incurred by or made or brought by or against the Operator as a result of or arising from the imposition of such an Operational Constraint. (d) The Operator must notify Aurizon QR Network as soon as is reasonably practicable of any damage to or disrepair or failure in operation or function of any part of the Infrastructure of which the Operator becomes aware. (e) The Operator must provide reasonable cooperation to Aurizon QR Network in relation to the timetabling of Planned Possessions provided that any such Planned Possessions are consistent with the Network Management Principles and implemented in accordance with the Possession Protocols.

Maintenance of the Nominated Network. (a) Aurizon QR Network must carry out Maintenance Work on the Nominated Network such that, subject to any agreed criteria and the Network Management Principles: (i) the Infrastructure is consistent with the Rollingstock Interface Standards; and (ii) the Operator can operate Train Services in accordance with their Scheduled Times. (b) Aurizon QR Network may impose either temporarily or permanently such Operational Constraints as it considers necessary for the protection of any person or any property (including the Infrastructure) or to facilitate the performance of Maintenance Work or Enhancements provided that in exercising its rights under this Clause 7.2(b6.2(b) Aurizon QR Network must: (i) use its reasonable endeavours to minimise disruption to Train Services (including giving as much notice as possible and, where possible, providing alternate Scheduled Times having regard to the reasonable requirements of the Operator); and (ii) comply with the relevant procedures specified in the Interface Coordination Plan. (c) Except to the extent that an Operational Constraint resulted from a breach by Aurizon QR Network of this Agreement or the End User Access Agreement, any delays or cancellations of Train Services caused by or resulting from Operational Constraints shall not constitute a default by Aurizon QR Network of its obligations under this Agreement and Aurizon QR Network will not be liable for any Claims suffered or incurred by or made or brought by or against the Operator as a result of or arising from the imposition of such an Operational Constraint. (d) The Operator must notify Aurizon QR Network as soon as is reasonably practicable of any damage to or disrepair or failure in operation or function of any part of the Infrastructure of which the Operator becomes aware. (e) The Operator must provide reasonable cooperation to Aurizon QR Network in relation to the timetabling of Planned Possessions provided that any such Planned Possessions are consistent with the Network Management Principles and implemented in accordance with the Possession Protocols.