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

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).

Operation of Ad Hoc Train Service. (a) If: (i) the End User notifies Aurizon Network that it wishes to have an Operator (which the End User must identify when notifying Aurizon Network) operate an Ad Hoc Train Service (referred to in paragraph (b) of the definition of 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 aits 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 3.53.7(bc), 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 anthe relevant Operator is entitled to operate for the End User utilising the Access Rights for the Train Service Type. (b) If: (i) an Operator notifies Aurizon Network that it wishes to operate an Ad Hoc Train Service (referred to in paragraph (a) of the definition of Ad Hoc Train Service) for a Train Service TypeType for the End User; 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(b3.8(c), 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 for the End User 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).

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 bring 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).

Operation of Ad Hoc Train Service. (a) If: (i) the End User notifies Aurizon Network under the End User Access Agreement that it wishes to have the Operator operate an Ad Hoc Train Service (referred to in paragraph (b) of the definition of Ad Hoc Train Service) for a Train Service Type; (ii) the Operator notifies Aurizon Network that it is willing and able to operate an Ad Hoc Train Service for a Train Service Type at the request of the End User; 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 3.3(c), 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 Operational Rights for the Train Service Type. (b) If: (i) the Operator notifies Aurizon Network that it wishes to operate an Ad Hoc Train Service (referred to in paragraph (a) of the definition of Ad Hoc Train Service) for a Train Service TypeType for the End User; 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(b3.3(c), 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 Operational Rights for the Train Service Type. (bc) 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(a16.2(a), or Aurizon Network gives the Operator a notice under clause 20.3(a16.3(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).and

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 End User is entitled to cause the Operator 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 mustEnd User must cause the Operator, in operating the Ad Hoc Train Service, to 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 End User for any Claim, and the Operator End User must not makebring bring 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).

Operation of Ad Hoc Train Service. (a) If: (i) the End User notifies Aurizon Network under the End User Access Agreement that it wishes to have the Operator operate an Ad Hoc Train Service (referred to in paragraph (b) of the definition of Ad Hoc Train Service) for a Train Service Type; (ii) the Operator notifies Aurizon Network that it is willing and able to operate an Ad Hoc Train Service for a Train Service Type at the request of the End User; 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 3.3(c), 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 Operational Rights for the Train Service Type. (b) If: (i) the Operator notifies Aurizon Network that it wishes to operate an Ad Hoc Train Service (referred to in paragraph (a) of the definition of Ad Hoc Train Service) for a Train Service TypeType for the End User; 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(b3.3(c), 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 Operational Rights for the Train Service Type. (bc) 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 make 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).

Operation of Ad Hoc Train Service. (a) If: (i) the Access Holder notifies Aurizon Network under the Access Agreement that it wishes to have the Operator operate an Ad Hoc Train Service (referred to in paragraph (b) of the definition of Ad Hoc Train Service); and (ii) the Operator notifies Aurizon Network that it wishes is willing and able to operate an Ad Hoc Train Service for a Train Service TypeType at the request of the Access Holder,;or (iii) then Aurizon Network must use best endeavours to schedules the Ad Hoc Train Service for the Train Service Type in the Daily Train Plan.; and (iib) Aurizon Network schedules the Ad Hoc Train Service for the Train Service Type in the Daily Train Plan, , (c) (b) then, on oOn 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 Agreementthis Deed 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 TypeAgreementthis Deed. (bd) 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 make 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), 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), except to the extent such failure is caused by or (to the extent of the contribution) contributed to by a breach of this Agreement or a negligent act or omission of Aurizon Network, its directors or Aurizon Network’s Staff. (e) (c) For the avoidance of doubt, nothing in clause 3.3(a) requires Aurizon Network must use its best endeavours 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)(i3.3(a).. 45 Ancillary Services In consideration of the Operator paying the Ancillary Services Charge, Aurizon Network must provide the Operator with the Ancillary Services (if any) in accordance with schedule 11. 56 Nomination of the Operator

Operation of Ad Hoc Train Service. (a) If: (i) the End User notifies Aurizon Network under the End User Access Agreement that it wishes to have the Operator operate an Ad Hoc Train Service for a Train Service Type; (ii) the Operator notifies Aurizon Network that it is willing and able to operate an Ad Hoc Train Service for a Train Service Type at the request of the End User; 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 clause3.3(c), 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 Operational Rights for the Train Service Type. (b) If: (i) the Operator notifies Aurizon Network that it wishes to operate an Ad Hoc Train Service (referred to in paragraph (a) of the definition of Ad Hoc Train Service) for a Train Service TypeType for the End User; 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(b3.3(c), 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 Operational Rights for the Train Service Type. (bc) 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(a16.2(a), or Aurizon Network gives the Operator a notice under clause 20.3(a16.3(a), Aurizon Network will have no obligation to reschedule, or to use reasonable endeavours to reschedule, the Ad Hoc Train Service; and (ii) and (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 make 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). (cd) For the avoidance of doubt, nothing in clause 3.3(a) requires [The Operator must pay Aurizon Network to schedule, or to endeavour to schedule, an the Access Charges incurred in respect of the Ad Hoc Train Service for Services.] [Include where End User is only paying TOP Charges.] 4 Ancillary Services Aurizon Network must provide the Operator with the Ancillary Services (if any) in accordance with schedule 11. 5 Nomination of the Operator If at any time after the Commencement Date the End User nominates the Operator in respect of all or part of the End User’s Access Rights, in accordance with the End User Access Agreement, then Aurizon Network will provide to the Operator: (a) replacement Schedules (as relevant) amended consistent with the End User’s nomination of the Operator; and (b) details of the date on which those replacement Schedules take effect, and this Agreement is varied in accordance with those replacement Schedules with effect on and from the date referred to under clause 5(b). 6 Variation of nomination of the Operator (a) If at any time: (i) the End User notifies, or is deemed to have notified, Aurizon Network of a Train Service Type variation to the nomination of the Operator by the End User in accordance with the Daily Train Plan End User Access Agreement; or (ii) the End User withdraws, or is deemed to have withdrawn, the End User’s nomination of the Operator in accordance with the End User Access Agreement or this Agreement, then: (iii) Aurizon Network will provide to the Operator: (A) a copy of the End User’s notice or withdrawal or, if no such notice or withdrawal has been given, details of the circumstances supporting the deeming of the notice or withdrawal; (B) replacement Schedules (as relevant) amended consistent with the End User’s notice or withdrawal or deemed notice or withdrawal; and (C) the date on which those replacement Schedules take effect; and (iv) this Agreement is varied in accordance with those replacement Schedules with effect on and from the date referred to under clause 6(a)(iii)(C). (b) The End User is deemed to have withdrawn the End User’s nomination of the Operator if the Operator gives Aurizon Network a notice under clause 3.3(a)(i)End User Access Agreement is terminated or expires.

Operation of Ad Hoc Train Service. (a) If: (i) the Operator End UserAccess Holder (or its Operator) 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 (referred to in paragraph (b) ofwhich 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 Agreement; andDeed 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 schedules: (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) then, onOn and from the time that the Ad Hoc Train Service is scheduled in the Daily Train Plan, subject to clause 3.7(c), 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 for the End User utilising the Access Rights for thethat Train Service Type. (c) If: (i) an Operator notifies Aurizon Network that it wishes to operate Despite clause 4.8(b), if an Ad Hoc Train Service (referred tois of a type described in paragraph (ab) of the definition of Ad Hoc Train Service) for a and has a different Origin and Destination for that Train Service Type for the End User; and (ii) Aurizon Network schedules the , then such 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(b3.8(c), 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 for the End User utilising the Access Rights for the Train Service Type. (bd) (c) If Aurizon Network schedules an Ad Hoc Train Service for a Train Service Type in the Daily Train Plan then, despite any other provision provisionnot be taken into account for the purposes 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 End User for any Claim, and the Operator End User must not makebring make 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 relevant Operator to operate the Ad Hoc Train Service for the End User (whether at the Scheduled Time in the Train Schedule, an alternative time or at all). the TOP Charge. (ce) [The End User must pay Aurizon Network the Access Charges incurred in respect of the Ad Hoc Train Services.] [Include where End User paying all Access Charges.] (f) For the avoidance of doubt, nothing in clause 3.3(a3.7(a) or 3.7(b) 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 End User or Operator (as applicable) gives Aurizon Network a notice under clause 3.3(a)(i3.7(a) or 3.7(b) (as applicable).

Operation of Ad Hoc Train Service. (a) If: (i) the End User notifies Aurizon Network that it wishes to have an Operator (which the End User must identify when notifying Aurizon Network) operate an Ad Hoc Train Service (referred to in paragraph (b) of the definition of 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 its 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 3.7(c), 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 for the End User utilising the Access Rights for the Train Service Type. (b) If: (i) an Operator notifies Aurizon Network that it wishes to operate an Ad Hoc Train Service (referred to in paragraph (a) of the definition of Ad Hoc Train Service) for a Train Service TypeType for the End User; 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(b3.8(c), 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 for the End User utilising the Access Rights for the Train Service Type. (bc) 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 End User for any Claim, and the Operator End User must not makebring make 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 relevant Operator to operate the Ad Hoc Train Service for the End User (whether at the Scheduled Time in the Train Schedule, an alternative time or at all). (cd) [The End User must pay Aurizon Network the Access Charges incurred in respect of the Ad Hoc Train Services.] [Include where End User paying all Access Charges.] (e) For the avoidance of doubt, nothing in clause 3.3(a3.7(a) or 3.7(b) 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 End User or Operator (as applicable) gives Aurizon Network a notice under clause 3.3(a)(i3.7(a) or 3.7(b) (as applicable).