Minimum Terms of Policies. Each of the policies of insurance effected in accordance with this Agreement must, to the extent permitted by Law:
(a) note the interests of the Operator, any contractor and Aurizon Network;
(b) not contain any exclusions, endorsements or alterations to the accepted policy wording that adversely amends the cover provided without the written consent of Aurizon Network (which consent shall not be unreasonably withheld or delayed); and
(c) include the terms and be for the amounts referred to in Schedule 7.
Minimum Terms of Policies. Each of the policies of insurance effected in accordance with this Agreement must, to the extent permitted by Law:
(a) note the interests of the Access Holder or Operator (as applicable), any contractor and QR;
(b) not contain any exclusions, endorsements or alterations to the accepted policy wording that adversely amends the cover provided without the written consent of QR (which consent shall not be unreasonably withheld or delayed); and
(c) include the terms and be for the amounts referred to in Schedule 7.
Minimum Terms of Policies. Each of the policies of insurance effected in accordance with this Agreement must, to the extent permitted by Law:
(a) note the interests of the Access Holder, any contractor of the Access Holder engaged by the Access Holder in relation to the performance of the Access Holder’s obligations under this Agreement and Aurizon Network;
(b) not contain any exclusions, endorsements or alterations to the accepted policy wording that adversely amends the cover provided without the written consent of Aurizon Network (not to be unreasonably withheld or delayed); and
(c) include the terms and be for the amounts referred to in Schedule 5.
Minimum Terms of Policies. Each of the policies of insurance effected in accordance with this Agreement must, to the extent permitted by Law:
(a) note the interests of the End User and Queensland Rail;
(b) not contain any exclusions, endorsements or alterations to the accepted policy wording that adversely amends the cover provided without the written consent of Queensland Rail (which consent shall not be unreasonably withheld or delayed); and
(c) include the terms and be for the amounts referred to in Schedule 4.
Minimum Terms of Policies. Each of the policies of insurance effected in accordance with this Agreement must, to the extent permitted by Law:
(a) note the interests of the End User and QR Network;
(b) not contain any exclusions, endorsements or alterations to the accepted policy wording that adversely amends the cover provided without the written consent of QR Network (which consent shall not be unreasonably withheld or delayed); and
(c) include the terms and be for the amounts referred to in Schedule 24.
Minimum Terms of Policies. Each of the policies of insurance effected in accordance with this Agreement must, to the extent permitted by Law: (a) (a) note the interests of the Operator, any contractor and QR Network;
Minimum Terms of Policies. Each policy of insurance effected in accordance with this Agreement must, to the extent not restricted by Applicable Law:
(a) note the interests of the Operator and any contractor, sub-contractor or other party of the Operator engaged by the Operator in relation to, or in connection with, this Agreement, including in respect of all fuelling activities;
(b) include a principal’s indemnity endorsement specifically noting Aurizon and any Related Body Corporate of Aurizon notified to the Operator by Aurizon from time to time as an interested party in respect of its rights, interests and obligations, and covering all matters referred to, in this Agreement;
(c) include a cross liability clause;
(d) not contain any exclusions, endorsements or alterations to the accepted policy wording that adversely affects the cover provided without the prior written consent of Aurizon (not to be unreasonably withheld or delayed);
(e) contain provisions which are standard industry terms for railway operators;
(f) provide that a notice of claim given to the insurer by one insured party will be accepted by the insurer as a notice of claim given by each of the insured parties;
(g) provide that a breach of or failure to observe and fulfil the terms of the policy by any party comprising the insured must not prejudice the rights of the remaining parties comprising the insured; and
(h) contain provisions that require the insurer to give reasonable notice to the Operator (with a copy of such notice to Aurizon) of any proposed cancellation or material change to the terms of the insurance cover or any settlement of any insurance claim made. Notwithstanding any copy of a notice issued by the insurer to Aurizon, the Operator must communicate such notice promptly to Aurizon.
Minimum Terms of Policies. Each of the policies of insurance required under clause 16.1 must, to the extent relevant:
(a) include a principal’s indemnity endorsement which notes TfNSW interests arising out of or under this Agreement;
(b) cover the respective interests of the Operator’s Employees;
(c) be effected with a reputable and solvent insurer authorised by the Australian Prudential Regulation Authority and the Australian Securities and Investments Commission in the area of cover required by TfNSW or as otherwise approved by TfNSW;
(d) in the case of the public liability insurance policy:
(1) be for an amount in respect of any one occurrence of not less than $250 million or such other amount as is specified by TfNSW from time to time; and
(2) cover, at least, any Service conducted by the Operator (and activities connected with them);
(e) be on such terms and with such excesses as may be approved in writing by TfNSW (such approval not to be unreasonably withheld);
(f) contain only those exclusions, endorsements or alterations which have been approved by TfNSW in writing prior to their inclusion; and
(g) contain provisions, acceptable to TfNSW, that require the insurer to give at least 30 Business Days’ notice to the Operator and TfNSW of any proposed cancellation or change to the terms of the insurance cover.
Minimum Terms of Policies. Each of the policies of insurance effected in accordance with this Agreement must, to the extent permitted by Law:
Minimum Terms of Policies. Each of the policies of insurance required under clause 16.1 must, to the extent relevant:
(a) include a principal’s indemnity endorsement which notes TAHE interests arising out of or under this Agreement;
(b) cover the respective interests of the Operator’s Employees;
(c) be effected with a reputable and solvent insurer authorised by the Australian Prudential Regulation Authority and the Australian Securities and Investments Commission in the area of cover required by TAHE or as otherwise approved by TAHE;
(d) in the case of the public liability insurance policy:
(1) be for an amount in respect of any one occurrence of not less than $250 million or such other amount as is specified by TAHE from time to time; and
(2) cover, at least, any Service conducted by the Operator (and activities connected with them);
(e) be on such terms and with such excesses as may be approved in writing by TAHE (such approval not to be unreasonably withheld);
(f) contain only those exclusions, endorsements or alterations which have been approved by TAHE in writing prior to their inclusion; and
(g) contain provisions, acceptable to TAHE, that require the insurer to give at least 30 Business Days’ notice to the Operator and TAHE of any proposed cancellation or change to the terms of the insurance cover.
