Common use of Noise Management during Train Services Clause in Contracts

Noise Management during Train Services. (a) In addition to any noise attenuation or management measures which may form part of or be identified in the Environmental Investigation and Risk Management Report, the Access Holder shall contribute to, as reasonably determined by QR, the costs incurred by QR in taking noise abatement measures on or adjacent to the Nominated Network considered reasonably necessary by QR where the Noise Planning Levels are, or but for the taking of these measures by QR, would be exceeded during the Term. (b) If, during the Term, the Noise Planning Levels are reduced such that noise from the Nominated Network exceeds the new Noise Planning Levels, QR may elect, in its absolute discretion, to implement noise abatement measures on the Nominated Network to ensure compliance with the new Noise Planning Levels. The Access Holder shall contribute to the cost of those noise abatement measures as reasonably determined by QR. (c) If the Access Holder disputes any determination made by QR in accordance with this Clause 8.4 regarding the contribution of costs, either Party may refer that dispute to an expert in accordance with Clause 17.3.

Noise Management during Train Services. (a) In addition to any noise attenuation or management measures which may form part of or be identified in the Environmental Investigation and Risk Management Report, the Access Holder Operator shall contribute to, as reasonably determined by QRQR Network, the costs incurred by QR Network in taking noise abatement measures on or adjacent to the Nominated Network considered reasonably necessary by QR Network where the Noise Planning Levels are, or but for the taking of these measures by QRQR Network, would be exceeded during the Term. (b) If, during the Term, the Noise Planning Levels are reduced such that noise from the Nominated Network exceeds the new Noise Planning Levels, QR Network may elect, in its absolute discretion, to implement noise abatement measures on the Nominated Network to ensure compliance with the new Noise Planning Levels. The Access Holder Operator shall contribute to the cost of those noise abatement measures as reasonably determined by QRQR Network. (c) If the Access Holder Operator disputes any determination made by QR Network in accordance with this Clause 8.4 9.4 regarding the contribution of costs, either Party may refer that dispute to an expert for determination in accordance with Clause 17.318.3.

Noise Management during Train Services. (a) In addition to any noise attenuation or management measures which may form part of or be identified in the Environmental Investigation and Risk Management Report, the Access Holder shall contribute to, as reasonably determined by QRQR Network, the costs incurred by QR Network in taking noise abatement measures on or adjacent to the Nominated Network considered reasonably necessary by QR Network where the Noise Planning Levels are, or but for the taking of these measures by QRQR Network, would be exceeded during the Term. (b) If, during the Term, the Noise Planning Levels are reduced such that noise from the Nominated Network exceeds the new Noise Planning Levels, QR Network may elect, in its absolute discretion, to implement noise abatement measures on the Nominated Network to ensure compliance with the new Noise Planning Levels. The Access Holder shall contribute to the cost of those noise abatement measures as reasonably determined by QRQR Network. (c) If the Access Holder disputes any determination made by QR Network in accordance with this Clause 8.4 regarding the contribution of costs, either Party may refer that dispute to an expert in accordance with Clause 17.3.

Noise Management during Train Services. (a) In addition to any noise attenuation or management measures which may form part of or be identified in the Environmental Investigation and Risk Management Report, the Access Holder Operator shall contribute to, as reasonably determined by QRQR Network, the costs incurred by QR Network in taking noise abatement measures on or adjacent to the Nominated Network considered reasonably necessary by QR Network where the Noise Planning Levels are, or but for the taking of these measures by QRQR Network, would be exceeded during the Term. (b) If, during the Term, the Noise Planning Levels are reduced such that noise from the Nominated Network exceeds the new Noise Planning Levels, QR Network may elect, in its absolute discretion, to implement noise abatement measures on the Nominated Network to ensure compliance with the new Noise Planning Levels. The Access Holder Operator shall contribute to the cost of those noise abatement measures as reasonably determined by QRQR Network. (c) If the Access Holder Operator disputes any determination made by QR Network in accordance with this Clause 8.4 regarding the contribution of costs, either Party may refer that dispute to an expert for determination in accordance with Clause 17.3.

Noise Management during Train Services. (a) In addition to any noise attenuation or management measures which may form part of or be identified in the Environmental Investigation and Risk Management Report, the Access Holder Operator shall contribute to, as reasonably determined by QRQR Network, the costs incurred by QR Network in taking noise abatement measures on or adjacent to the Nominated Network considered reasonably necessary by QR Network where the Noise Planning Levels are, or but for the taking of these measures by QRQR Network, would be exceeded during the Term. (b) If, during the Term, the Noise Planning Levels are reduced such that noise from the Nominated Network exceeds the new Noise Planning Levels, QR Network may elect, in its absolute discretion, to implement noise abatement measures on the Nominated Network to ensure compliance with the new Noise Planning Levels. The Access Holder Operator shall contribute to the cost of those noise abatement measures as reasonably determined by QRQR Network. (c) If the Access Holder Operator disputes any determination made by QR Network in accordance with this Clause 8.4 regarding the contribution of costs, either Party may refer that dispute to an expert the Dispute Managers in accordance with Clause 17.317.2.

Noise Management during Train Services. (a) In addition to any noise attenuation or management measures which may form part of or be identified in the Environmental Investigation and Risk Management Report, the Access Holder Operator shall contribute to, as reasonably determined by QRQR Network, the costs incurred by QR Network in taking noise abatement measures on or adjacent to the Nominated Network considered reasonably necessary by QR Network where the Noise Planning Levels are, or but for the taking of these measures by QRQR Network, would be exceeded during the Term. (b) If, during the Term, the Noise Planning Levels are reduced such that noise from the Nominated Network exceeds the new Noise Planning Levels, QR Network may elect, in its absolute discretion, to implement noise abatement measures on the Nominated Network to ensure compliance with the new Noise Planning Levels. The Access Holder Operator shall contribute to the cost of those noise abatement measures as reasonably determined by QRQR Network. (c) If the Access Holder Operator disputes any determination made by QR Network in accordance with this Clause 8.4 regarding the contribution of costs, either Party may refer that dispute to an expert in accordance with Clause 17.3.

Noise Management during Train Services. (a) In addition to any noise attenuation or management measures which may form part of or be identified in the Environmental Investigation and Risk Management Report, the Access Holder Operator shall contribute to, as reasonably determined by QRQR Network, the costs incurred by QR Network in taking noise abatement measures on or adjacent to the Nominated Network considered reasonably necessary by QR Network where the Noise Planning Levels are, or but for the taking of these measures by QRQR Network, would be exceeded during the Term. (b) If, during the Term, the Noise Planning Levels are reduced such that noise from the Nominated Network exceeds the new Noise Planning Levels, QR Network may elect, in its absolute discretion, to implement noise abatement measures on the Nominated Network to ensure compliance with the new Noise Planning Levels. The Access Holder Operator shall contribute to the cost of those noise abatement measures as reasonably determined by QRQR Network. (c) If the Access Holder Operator disputes any determination made by QR Network in accordance with this Clause 8.4 regarding the contribution of costs, either Party may refer that dispute to an expert the Dispute Managers for determination in accordance with Clause 17.317.2.