Common use of Occurrence in the Private Siding Clause in Contracts

Occurrence in the Private Siding. 7.6.1. In the event of an Occurrence at the Private Siding, the Private Siding Operator shall provide Access over the Private Siding free of charge to such emergency trains as may be required by the Concessionaire, the Train O&M Provider or TFR, as the case may be, for purposes of repairing the Private Siding, if requested by the Private Siding Operator, and to enable the Concessionaire or TFR to remove damaged tractive power and/or Rolling Stock; 7.6.2. In the event of an Occurrence at the Private Siding, the Private Siding Operator shall be liable for the reasonable costs (which will include the cost of the running of the emergency train, labour and material used) incurred by the Concessionaire, the Train O&M Provider or TFR, as the case may be, in repairing the Private Siding, if specifically requested by the Private Siding Operator, and/or removing damaged tractive power and/or Rolling Stock where such damage is caused by the Private Siding Operator. The Concessionaire, the Train O&M Provider or TFR will submit a written quote for acceptance to the Private Siding Operator prior to commencement of such repairs; 7.6.3. Under no circumstances shall the Private Siding Operator be permitted to re- rail derailed Rolling Stock; 7.6.4. All Parties agree to inform one another of any Occurrence or deviations relevant to the Shunting of Trains or Rolling Stock in the Private Siding that may affect one another; 7.6.5. Without derogating from the obligations that each Operator has in terms of clause 8 of this Agreement (Occurrence Management), all relevant Parties shall be obliged to assist the Private Siding Operator in the investigation or enquiries into Occurrences or any deviations from the set procedures relating to the Private Siding.