Operation of Ad Hoc Train Service Sample Clauses

Operation of Ad Hoc Train Service. (a) If: (i) the Access Holder (or its Operator) notifies Aurizon Network that it wishes to have an Operator (which the Access Holder must identify when notifying Aurizon Network) operate an Ad Hoc Train Service (which the Access Holder (or its Operator) must identify having reference to the definition of Ad Hoc Train Service) for a Train Service Type; and (ii) the relevant Operator has notified Aurizon Network that is able and willing to operate that Ad Hoc Train Service for a Train Service Type under its Train Operations Deed to the extent the Access Holder provided the notice under clause 4.8(a)(i), then, to the extent permitted by the Network Management Principles, Aurizon Network: (iii) must if required in accordance with clause 5.4(c) of Schedule G of the Access Undertaking; or (iv) otherwise must use reasonable endeavours to, schedule the Ad Hoc Train Service for the Train Service Type in the Daily Train Plan. (b) On and from the time that the Ad Hoc Train Service is scheduled in the Daily Train Plan, the terms and conditions of this Agreement apply to the Ad Hoc Train Service as if the Ad Hoc Train Service is a Train Service for the Train Service Type the relevant Operator is entitled to operate utilising the Access Rights for that Train Service Type. (c) Despite clause 4.8(b), if an Ad Hoc Train Service is of a type described in paragraph (b) of the definition of Ad Hoc Train Service and has a different Origin and Destination for that Train Service Type, then such Ad Hoc Train Service will not be taken into account for the purposes of the TOP Charge.
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Operation of Ad Hoc Train Service. (a) If: (i) the Operator notifies Aurizon Network that it wishes to operate an Ad Hoc Train Service for a Train Service Type; and (ii) Aurizon Network schedules the Ad Hoc Train Service for the Train Service Type in the Daily Train Plan, then, on and from the time that the Ad Hoc Train Service is scheduled in the Daily Train Plan, subject to clause 3.3(b), the terms and conditions of this Agreement will apply to the Ad Hoc Train Service as if the Ad Hoc Train Service is a Train Service for the Train Service Type which the Operator is entitled to operate under this Agreement utilising the Access Rights for the Train Service Type. (b) If Aurizon Network schedules an Ad Hoc Train Service for a Train Service Type in the Daily Train Plan then, despite any other provision of this Agreement: (i) if the Ad Hoc Train Service is an Ad Hoc Train Service referred to in paragraph (b) of the definition of Ad Hoc Train Service, the Operator must, in operating the Ad Hoc Train Service, comply with the Train Service Description for the Train Service Type subject to any derogations permitted by Aurizon Network; and (ii) if the Operator gives Aurizon Network a notice under clause 20.2(a), or Aurizon Network gives the Operator a notice under clause 20.3(a), Aurizon Network will have no obligation to reschedule, or to use reasonable endeavours to reschedule, the Ad Hoc Train Service; and (ii) (iii) Aurizon Network, its directors and Aurizon Network’s Staff are not liable to the Operator for any Claim, and the Operator must not makebring any Claim against Aurizon Network, its directors and/or Aurizon Network’s Staff, in respect of any failure by Aurizon Network, for any reason (including breach or negligence by Aurizon Network), to make the Infrastructure available for the Operator to operate the Ad Hoc Train Service (whether at the Scheduled Time in the Train Schedule, an alternative time or at all). (c) For the avoidance of doubt, nothing in clause 3.3(a) requires Aurizon Network to schedule, or to endeavour to schedule, an Ad Hoc Train Service for a Train Service Type in the Daily Train Plan if the Operator gives Aurizon Network a notice under clause 3.3(a)(i).
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Operation of Ad Hoc Train Service. (a) If: (i) the End User notifies Aurizon Network that it wishes to have an Operator operate an Ad Hoc Train Service for a Train Service Type; (ii) the relevant Operator has notified Aurizon Network that is able and willing to operate that Ad Hoc Train Service for a Train Service Type under a Train Operations Agreement; and (iii) Aurizon Network schedules the Ad Hoc Train Service for the Train Service Type in the Daily Train Plan, then, on and from the time that the Ad Hoc Train Service is scheduled in the Daily Train Plan, subject to clause 3.5(b), the terms and conditions of this Agreement will apply to the Ad Hoc Train Service as if the Ad Hoc Train Service is a Train Service for the Train Service Type which an Operator is entitled to operate for the End User utilising the Access Rights for the Train Service Type.
Sample 1
Operation of Ad Hoc Train Service. (a) If: (i) the Operator notifies Aurizon Network that it wishes to operate an Ad Hoc Train Service for a Train Service Type; and (ii) Aurizon Network schedules the Ad Hoc Train Service for the Train Service Type in the Daily Train Plan,
Sample 1
Operation of Ad Hoc Train Service. (a) If: (i) the Access Holder notifies Aurizon Network that it wishes to have an Operator (which the Access Holder must identify when notifying Aurizon Network) operate an Ad Hoc Train Service (which the Access Holder must identify having reference to the definition of Ad Hoc Train Service) for a Train Service Type; and (ii) the relevant Operator has notified Aurizon Network that is able and willing to operate that Ad Hoc Train Service for a Train Service Type under its Train Operations Agreement, then: (iii) Aurizon Network must use reasonable endeavours to schedule the Ad Hoc Train Service for the Train Service Type in the Daily Train Plan; and (iv) on and from the time that the Ad Hoc Train Service is schedules in the Daily Train Plan, the Access Holder must pay Aurizon Network the Access Charges incurred in respect of the Ad Hoc Train Services in accordance with the terms and conditions of this Agreement.
Sample 1
Operation of Ad Hoc Train Service. (a) If: (i) the End UserAccess Holder notifies Aurizon Network that it wishes to have an Operator (which the End UserAccess Holder must identify when notifying Aurizon Network) operate an Ad Hoc Train Service (which the Access Holder must identify having reference to the definition of Ad Hoc Train Service)(referred to in paragraph (e) of the definition of Ad Hoc Train Service) for a Train Service Type; and
Sample 1

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