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 Operator shall contribute to, as reasonably determined by Aurizon Network, the costs incurred by Aurizon Network in taking noise abatement measures on or adjacent to the Nominated Network considered reasonably necessary by Aurizon Network where the Noise Planning Levels are, or but for the taking of these measures by Aurizon 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, Aurizon 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 Operator shall contribute to the cost of those noise abatement measures as reasonably determined by Aurizon Network. (c) If the Operator disputes any determination made by Aurizon Network in accordance with this Clause 9.4 regarding the contribution of costs, either Party may refer that dispute to an expert for determination in accordance with Clause 18.3.