Common use of Nominated Operators Clause in Contracts

Nominated Operators. (a) The Access Holder has nominated, and ARTC has approved, the Accredited Operators specified in the Train Path Schedule to use each Train Path according to the Daily Train Plan. (b) The Access Holder may nominate, on at least 48 hours’ written notice, an Operator already approved by ARTC under this agreement to be an Operator for another Path Usage or Train Path. ARTC may only refuse the nomination if: (i) the nominated Operator has received a rectification notice or similar notice from ARTC for Material Default of any agreement with ARTC and the event giving rise to that rectification notice or similar notice has not been rectified; or (ii) the Operator’s Services do not comply with the Services Assumptions applicable to that Train Path or Path Usage. (c) Where an Access Holder has nominated more than one Operator for a Train Path, the Access Holder will, or will procure its Operators, to inform ARTC which Operator is using each Path Usage for that Train Path, in accordance with the ARTC requirements for determining and issuing a Daily Train Plan.

Nominated Operators. (a) The Access Holder has nominated, and ARTC has approved, the Accredited Operators specified in the Train Path Schedule to use each Train Path according to the Daily Train Plan. (b) The Access Holder may nominate, on at least 48 hours’ written notice, an Operator already approved by ARTC under this agreement to be an Operator for another Path Usage or Train Path. ARTC may only refuse the nomination if: (i) the nominated Operator has received a rectification notice or similar notice from ARTC for Material Default material breach of any agreement with ARTC and the event giving rise to that rectification notice or similar notice has not been rectified; or (ii) the Operator’s Services do not comply with the Services Assumptions applicable to that Train Path or Path Usage. (c) Where an Access Holder has nominated more than one Operator for a Train Path, the Access Holder will, or will procure its Operators, to inform ARTC which Operator is using each Path Usage for that Train Path, in accordance with the ARTC requirements for determining and issuing a Daily Train Plan.

Nominated Operators. (a) The Access Holder has nominated, and ARTC has approved, the Accredited Operators specified in the Train Path Schedule to use each Train Path according to the Daily Train Plan. (b) The Access Holder may nominate, on at least 48 hours’ written notice, an Operator already approved by ARTC under this agreement to be an Operator for another Path Usage or Train Path. ARTC may only refuse the nomination if: (i) the nominated Operator has received a rectification notice or similar notice from ARTC for Material material breachMaterial Default of any agreement with ARTC and the event giving rise to that rectification notice or similar notice has not been rectified; or (ii) the Operator’s Services do not comply with the Services Assumptions applicable to that Train Path or Path Usage. (c) Where an Access Holder has nominated more than one Operator for a Train Path, the Access Holder will, or will procure its Operators, to inform ARTC which Operator is using each Path Usage for that Train Path, in accordance with the ARTC requirements for determining and issuing a Daily Train Plan.

Nominated Operators. (a) The Access Holder has nominated, and ARTC has approved, the Accredited Operators specified in the Train Path Schedule to use each Train Path according to the Daily Train Plan. (b) The Access Holder may nominate, on at least 48 hours’ written notice, an Operator already approved by ARTC under this agreement to be an Operator for another Path Usage or Train Path. ARTC may only refuse the nomination if: (i) the nominated Operator is in material breach of an operator sub-agreement; ornominated Operator has received a rectification notice or similar notice from ARTC for Material Default of any agreement with ARTC and the event giving rise to that rectification notice or similar notice has not been rectified; or (ii) the Operator’s Services do not comply with the Services Assumptions applicable to that Train Path or Path Usage. (c) Where an Access Holder has nominated more than one Operator for a Train Path, the Access Holder will, or will procure its Operators, to inform ARTC which Operator is using each Path Usage for that Train Path, in accordance with the ARTC requirements for determining and issuing a Daily Train Plan.