Network Access provider’s obligations. ARTC agrees at all times during the Term:
(a) to undertake the function of Network Control over the Network;
(b) to comply with the Network Management Principles;
(c) to have Associated Facilities in place to enable an Operator to use the Train Paths on the terms of this agreement;
(d) to receive, record and collate information from an Operator and other users of the Network for the purposes of generating the invoices referred to in clause 5 and more effectively exercising the functions referred to in clauses 8.3(a) and (b);
(e) to maintain and operate the Network Control Centre and a communication system for the purpose of communication with an Operator and other users of the Network, and to facilitate an Operator’s access to that communication system;
(f) to use its best endeavours to provide an Operator with details, as soon as reasonably practicable of all Incidents which have affected or could potentially affect the ability of any Train to retain its Path Usage, or else affect its security or safety or the security and safety of the freight or passengers; and
(g) to comply with all applicable Acts of the Commonwealth and State Parliaments, subordinate legislation, municipal by-laws and other laws in any way applicable to ARTC’s management, control and ownership of the Network.
Network Access provider’s obligations. ARTC agrees at all times during the Term:
(a) to undertake the function of Network Control over the Network;
(b) to comply with the Network Management Principles;
(c) to have Associated Facilities in place to enable an Operator to use the Train Paths on the terms of this agreement;
Network Access provider’s obligations. ARTC agrees at all times during the Term:
(a) to undertake the function of Train Control over the Network;
(b) to comply with the Network Management Principles;
(c) to safely and efficiently operate the Network so that any permitted use of the Network by the Operator is facilitated promptly and effectively and in accordance with this Agreement;
(d) to have Associated Facilities in place to enable ARTC to grant to the Operator the Scheduled Train Paths on the terms of this Agreement;
(e) to receive, record and collate information from the Operator and other users of the Network for the purposes of generating the Invoices referred to in clause 4.3 and more effectively exercising the functions referred to in clauses 5.3(a) and (b);
(f) to maintain and operate the Train Control Centre and a communication system for the purpose of communication with the Operator and other users of the Network, and to facilitate the Operator’s access to that communication system;
(g) to use its best endeavours to provide the Operator with details, as soon as reasonably practicable of all operating incidents (including an Incident) which has affected or could potentially affect the ability of any Train to retain its Train Path, or else affect its security or safety or the security and safety of the freight or passengers; and
(h) to comply with all applicable Acts of the Commonwealth and State Parliaments, subordinate legislation, municipal by-laws and other laws in any way applicable to ARTC’s management, control and ownership of the Network.
