Common use of Operation of Ad Hoc Train Service Clause in Contracts

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.

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; andand‌ (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.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.

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 NetworkNetwork : (iii) must (if required in accordance with clause 5.4(c) of Schedule G of the Access UndertakingUndertaking but ; or (iv) otherwise must use reasonable endeavours to) , schedule the Ad Hoc Train Service for the Train Service Type in the Daily Train Plan; and. (b) On onOn 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.

Operation of Ad Hoc Train Service. (a) If: (i) the Access Holder (or its Operator) 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 schedules the Ad Hoc Train Service for the Train Service Type in the Daily Train Plan. (b) On , 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 relevant Operator End User is entitled to cause the Operator to operate under this Agreement utilising the Access Rights for that the Train Service Type. (cb) Despite clause 4.8(b), if 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 of a type described an Ad Hoc Train Service referred to in paragraph (b) of the definition of Ad Hoc Train Service and has a different Origin and Destination for that Train Service TypeService, then such the End User must cause the Operator, in operating the Ad Hoc Train Service, to comply with the Train Service will not be taken into account Description for the purposes of Train Service Type subject to any derogations permitted by Aurizon Network; and (ii) if the TOP Charge.End User or the Operator gives Aurizon Network a notice under clause 19.2(a), or Aurizon Network gives the Operator a notice under clause 19.3(a), Aurizon Network will have no obligation to reschedule, or to use reasonable endeavours to reschedule, the Ad Hoc Train Service;

Operation of Ad Hoc Train Service. (a) If: (i) the Access Holder (or its Operator) 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 schedules the Ad Hoc Train Service for the Train Service Type in the Daily Train Plan. (b) On , 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 relevant Operator is entitled to operate under this Agreement utilising the Access Rights for that the Train Service Type. (cb) Despite clause 4.8(b), if 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 of a type described an Ad Hoc Train Service referred to in paragraph (b) of the definition of Ad Hoc Train Service and has a different Origin and Destination for that Train Service TypeService, then such the Operator must, in operating the Ad Hoc Train Service, comply with the Train Service will not be taken into account Description for the purposes of Train Service Type subject to any derogations permitted by Aurizon Network; (ii) if the TOP Charge.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

Operation of Ad Hoc Train Service. (a) If: (ia) 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 (iib) 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)(i4.8(a), then, : (c) to the extent permitted by the Network Management Principles, Aurizon Network: Network must (iii) must if required in accordance with clause 5.4(c) of Schedule G of the Access Undertaking; or (iv) Undertaking but otherwise must use reasonable endeavours to, ) schedule the Ad Hoc Train Service for the Train Service Type in the Daily Train Plan.; and (bd) On 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.