Common use of Operator’s Emergency Clause in Contracts

Operator’s Emergency. Response Plan (a) Prior to the commencement of any Train Services (including any new or varied Train Services) the Access Holder must cause the Operator to develop and submit to QR a plan which: (i) contains the set of procedures developed by the Operator which are adequate for dealing with an Incident including all actions to be taken to minimise or alleviate any threat or danger to any person or property; (ii) without limiting Clause 7.1(a)(i) includes the matters outlined in Part 3 of (iii) must at all times during the Term be compatible with the QR Emergency Procedures and this Agreement (the “Operator’s Emergency Response Plan”). (b) If QR is not reasonably satisfied that the Operator’s Emergency Response Plan complies with Clause 7.1 (a) QR must notify the Access Holder and if the Parties cannot agree on a mutually acceptable course of action to address QR’s concerns within fourteen (14) days after the date of QR’s notice, either Party may refer the matter to an expert in accordance with Clause 17.3. The expert will be required to determine whether or not the Operator’s Emergency Response Plan: (i) is compatible with the QR Emergency Procedures and this Agreement; and (ii) otherwise complies with Clause 7.1(a); and if the expert determines that the Operator’s Emergency Response Plan: (iii) is not compatible with the QR Emergency Procedures and this Agreement, he must determine how the non-compliance should be rectified and the Access Holder must cause the Operator to rectify the Operator’s Emergency Response Plan accordingly; or (iv) is compatible with the QR Emergency Procedures and this Agreement, the Operator’s Emergency Response Plan must be treated as complying with Clause 7.1(a). (c) The Access Holder must ensure that any amendments to the Operator’s Emergency Response Plan comply with the requirements contained in Clause 7.1(a). (d) If the Operator intends to amend the Operator’s Emergency Response Plan, the Access Holder must cause the Operator to notify QR of that fact, providing QR with details of the proposed amendments and the reasons for them. Within ten (10) days after receipt of that notice QR must notify the Access Holder if it disputes any such proposed amendments, in which case any such dispute shall be resolved in accordance with the procedures set out in Clause 7.1(b). (e) No amendment to the Operator’s Emergency Response Plan to the extent that it relates to the Operator’s operations on the Nominated Network will be effective until it has been made in a manner permitted by this Clause 7.1. (f) The Access Holder must be able to demonstrate to QR that procedures are in place which ensure compliance by the Operator with any reporting requirements in the Operator’s Emergency Response Plan and, to the extent relevant, the QR Emergency Procedures and that they are being observed. (g) The Access Holder must ensure that at all times sufficient members of the Access Holder’s Staff are appropriately qualified to participate in Investigations and that the names and positions of those members of the Access Holder’s Staff are maintained in the Operator’s Emergency Response Plan.

Operator’s Emergency. Response Plan (a) Prior to the commencement of any Train Services (including any new or varied Train Services) the Access Holder must cause the Operator to develop and submit to QR Network a plan (the “Operator’s Emergency Response Plan”) which: (i) contains the set of procedures developed by the Operator which are adequate for dealing with an Incident including all actions to be taken to minimise or alleviate any threat or danger to any person or property; (ii) without limiting Clause 7.1(a)(i) includes the matters outlined in Part 3 of (iii) must at all times during the Term be compatible with the QR Network Emergency Procedures and this Agreement (the “Operator’s Emergency Response Plan”)Agreement. (b) If QR Network is not reasonably satisfied that the Operator’s Emergency Response Plan complies with Clause 7.1 (a) 7.1(a), QR Network must notify the Access Holder and if the Parties cannot agree on a mutually acceptable course of action to address QRQR Network’s concerns within fourteen (14) days after the date of QRQR Network’s notice, either Party may refer the matter to an expert in accordance with Clause 17.3. The expert will be required to determine whether or not the Operator’s Emergency Response Plan: (i) is compatible with the QR Network Emergency Procedures and this Agreement; and (ii) otherwise complies with Clause 7.1(a); and if the expert determines that the Operator’s Emergency Response Plan:. (iiii) is not compatible with the QR Network Emergency Procedures and this Agreement, he must determine how the non-compliance should be rectified and the Access Holder must cause the Operator to rectify the Operator’s Emergency Response Plan accordingly; or (ivii) is compatible with the QR Network Emergency Procedures and this Agreement, the Operator’s Emergency Response Plan must be treated as complying with Clause 7.1(a). (c) The Access Holder must ensure that any amendments to the Operator’s Emergency Response Plan comply with the requirements contained in Clause 7.1(a). (d) If the Operator intends to amend the Operator’s Emergency Response Plan, the Access Holder must cause the Operator to notify QR Network of that fact, providing QR Network with details of the proposed amendments and the reasons for them. Within ten (10) days after receipt of that notice QR must notify the Access Holder if it disputes any such proposed amendments, in which case any such dispute shall be resolved in accordance with the procedures set out in Clause 7.1(b). (e) No amendment to the Operator’s Emergency Response Plan to the extent that it relates to the Operator’s operations on the Nominated Network will be effective until it has been made in a manner permitted by this Clause 7.1. (f) The Access Holder must be able to demonstrate to QR that procedures are in place which ensure compliance by the Operator with any reporting requirements in the Operator’s Emergency Response Plan and, to the extent relevant, the QR Emergency Procedures and that they are being observed. (g) The Access Holder must ensure that at all times sufficient members of the Access Holder’s Staff are appropriately qualified to participate in Investigations and that the names and positions of those members of the Access Holder’s Staff are maintained in the Operator’s Emergency Response Plan.ten

Operator’s Emergency. Response Plan (a) Prior to the commencement of any Train Services (including any new or varied Train Services) the Access Holder must cause the Operator to develop and submit to QR a plan which: (i) contains the set of procedures developed by the Operator which are adequate for dealing with an Incident including all actions to be taken to minimise or alleviate any threat or danger to any person or property; (ii) without limiting Clause 7.1(a)(i) includes the matters outlined in Part 3 of (iii) must at all times during the Term be compatible with the QR Emergency Procedures and this Agreement (the “Operator’s Emergency Response PlanPlan ”). (b) If QR is not reasonably satisfied that the Operator’s Emergency Response Plan complies with Clause 7.1 (a) QR must notify the Access Holder and if the Parties cannot agree on a mutually acceptable course of action to address QR’s concerns within fourteen (14) days after the date of QR’s notice, either Party may refer the matter to an expert in accordance with Clause 17.3. The expert will be required to determine whether or not the Operator’s Emergency Response Plan: (i) is compatible with the QR Emergency Procedures and this Agreement; and (ii) otherwise complies with Clause 7.1(a); and if the expert determines that the Operator’s Emergency Response Plan: (iii) is not compatible with the QR Emergency Procedures and this Agreement, he must determine how the non-compliance should be rectified and the Access Holder must cause the Operator to rectify the Operator’s Emergency Response Plan accordingly; or (iv) is compatible with the QR Emergency Procedures and this Agreement, the Operator’s Emergency Response Plan must be treated as complying with Clause 7.1(a). (c) The Access Holder must ensure that any amendments to the Operator’s Emergency Response Plan comply with the requirements contained in Clause 7.1(a). (d) If the Operator intends to amend the Operator’s Emergency Response Plan, the Access Holder must cause the Operator to notify QR of that fact, providing QR with details of the proposed amendments and the reasons for them. Within ten (10) days after receipt of that notice QR must notify the Access Holder if it disputes any such proposed amendments, in which case any such dispute shall be resolved in accordance with the procedures set out in Clause 7.1(b). (e) No amendment to the Operator’s Emergency Response Plan to the extent that it relates to the Operator’s operations on the Nominated Network will be effective until it has been made in a manner permitted by this Clause 7.1. (f) The Access Holder must be able to demonstrate to QR that procedures are in place which ensure compliance by the Operator with any reporting requirements in the Operator’s Emergency Response Plan and, to the extent relevant, the QR Emergency Procedures and that they are being observed. (g) The Access Holder must ensure that at all times sufficient members of the Access Holder’s Staff are appropriately qualified to participate in Investigations and that the names and positions of those members of the Access Holder’s Staff are maintained in the Operator’s Emergency Response Plan.

Operator’s Emergency. Response Plan (a) Prior to the commencement of any Train Services (including any new or varied Train Services) the Access Holder Operator must cause the Operator to develop and submit to QR Network a plan (the “Operator’s Emergency Response Plan”) which: (i) contains the set of procedures developed by the Operator which are adequate for dealing with an Incident including all actions to be taken to minimise or alleviate any threat or danger to any person or property; (ii) without limiting Clause 7.1(a)(i) includes the matters outlined in Part 3 of (iii) must at all times during the Term be compatible with the QR Network Emergency Procedures and this Agreement (the “Operator’s Emergency Response Plan”)Agreement. (b) If QR Network is not reasonably satisfied that the Operator’s Emergency Response Plan complies with Clause 7.1 (a) 7.1(a), QR Network must notify the Access Holder Operator and if the Parties cannot agree on a mutually acceptable course of action to address QRQR Network’s concerns within fourteen (14) days after the date of QRQR Network’s notice, either Party may refer the matter to an expert for determination in accordance with Clause 17.3. The expert will be required to determine whether or not the Operator’s Emergency Response Plan: (i) is compatible with the QR Network Emergency Procedures and this Agreement; and (ii) otherwise complies with Clause 7.1(a); and if . If the expert determines that the Operator’s Emergency Response Plan: (iiii) is not compatible with the QR Network Emergency Procedures and this Agreement, he must determine how the non-compliance should be rectified and the Access Holder Operator must cause the Operator to rectify the Operator’s Emergency Response Plan accordingly; or (ivii) is compatible with the QR Network Emergency Procedures and this Agreement, the Operator’s Emergency Response Plan must be treated as complying with Clause 7.1(a). (c) The Access Holder Operator must ensure that any amendments to the Operator’s Emergency Response Plan comply with the requirements contained in Clause 7.1(a). (d) If the Operator intends to amend the Operator’s Emergency Response Plan, the Access Holder Plan it must cause the Operator to notify QR Network of that fact, providing QR Network with details of the proposed amendments and the reasons for them. Within ten (10) days after receipt of that notice QR Network must notify the Access Holder Operator if it QR Network disputes any such proposed amendments, in which case any such dispute shall be resolved in accordance with the procedures set out in Clause 7.1(b). (e) No amendment to the Operator’s Emergency Response Plan to the extent that it relates to the Operator’s operations on the Nominated Network will be effective until it has been made in a manner permitted by this Clause 7.1. (f) The Access Holder Operator must be able to demonstrate to QR Network that procedures are in place which ensure compliance by the Operator with any reporting requirements in the Operator’s Emergency Response Plan and, to the extent relevant, the QR Network Emergency Procedures and that they are being observed. (g) The Access Holder Operator must ensure that at all times sufficient members of the Access HolderOperator’s Staff are appropriately qualified to participate in Investigations and that the names and positions of those members of the Access HolderOperator’s Staff are maintained in the Operator’s Emergency Response Plan.

Operator’s Emergency. Response Plan (a) Prior to the commencement of any Train Services (including any new or varied Train Services) the Access Holder must cause the Operator to develop and submit to QR a plan (the “Operator’s Emergency Response Plan”) which: (i) contains the set of procedures developed by the Operator which are adequate for dealing with an Incident including all actions to be taken to minimise or alleviate any threat or danger to any person or property; (ii) without limiting Clause 7.1(a)(i) includes the matters outlined in Part 3 of (iii) must at all times during the Term be compatible with the QR Emergency Procedures and this Agreement (the “Operator’s Emergency Response Plan”)Agreement. (b) If QR is not reasonably satisfied that the Operator’s Emergency Response Plan complies with Clause 7.1 (a) 7.1(a), QR must notify the Access Holder and if the Parties cannot agree on a mutually acceptable course of action to address QR’s concerns within fourteen (14) days after the date of QR’s notice, either Party may refer the matter to an expert in accordance with Clause 17.3. The expert will be required to determine whether or not the Operator’s Emergency Response Plan: (i) is compatible with the QR Emergency Procedures and this Agreement; and (ii) otherwise complies with Clause 7.1(a); and if . If the expert determines that the Operator’s Emergency Response Plan: (iiii) is not compatible with the QR Emergency Procedures and this Agreement, he must determine how the non-compliance should be rectified and the Access Holder must cause the Operator to rectify the Operator’s Emergency Response Plan accordingly; or (ivii) is compatible with the QR Emergency Procedures and this Agreement, the Operator’s Emergency Response Plan must be treated as complying with Clause 7.1(a). (c) The Access Holder must ensure that any amendments to the Operator’s Emergency Response Plan comply with the requirements contained in Clause 7.1(a). (d) If the Operator intends to amend the Operator’s Emergency Response Plan, the Access Holder must cause the Operator to notify QR of that fact, providing QR with details of the proposed amendments and the reasons for them. Within ten (10) days after receipt of that notice QR must notify the Access Holder if it QR disputes any such proposed amendments, in which case any such dispute shall be resolved in accordance with the procedures set out in Clause 7.1(b). (e) No amendment to the Operator’s Emergency Response Plan to the extent that it relates to the Operator’s operations on the Nominated Network will be effective until it has been made in a manner permitted by this Clause 7.1. (f) The Access Holder must be able to demonstrate to QR that procedures are in place which ensure compliance by the Operator with any reporting requirements in the Operator’s Emergency Response Plan and, to the extent relevant, the QR Emergency Procedures and that they are being observed. (g) The Access Holder must ensure that at all times sufficient members of the Access Holder’s Staff are appropriately qualified to participate in Investigations and that the names and positions of those members of the Access Holder’s Staff are maintained in the Operator’s Emergency Response Plan.

Operator’s Emergency. Response Plan (a) Prior to the commencement of any Train Services (including any new or varied Train Services) the Access Holder Operator must cause the Operator to develop and submit to QR Network a plan which: (i) contains the set of procedures developed by the Operator which are adequate for dealing with an Incident including all actions to be taken to minimise or alleviate any threat or danger to any person or property; (ii) without limiting Clause 7.1(a)(i) includes the matters outlined in Part 3 of (iii) must at all times during the Term be compatible with the QR Network Emergency Procedures and this Agreement (the “Operator’s Emergency Response Plan”). (b) If QR Network is not reasonably satisfied that the Operator’s Emergency Response Plan complies with Clause 7.1 (a7.1(a) QR Network must notify the Access Holder Operator and if the Parties cannot agree on a mutually acceptable course of action to address QRQR Network’s concerns within fourteen (14) days after the date of QRQR Network’s notice, either Party may refer the matter to an expert the Dispute Managers for determination in accordance with Clause 17.317.2. The expert Dispute Managers will be required to determine whether or not the Operator’s Emergency Response Plan: (i) is compatible with the QR Network Emergency Procedures and this Agreement; and (ii) otherwise complies with Clause 7.1(a); and if the expert determines that the Operator’s Emergency Response Plan:and (iii) is not compatible with the QR Network Emergency Procedures and this Agreement, he must determine how the non-compliance should be rectified and the Access Holder Operator must cause the Operator to rectify the Operator’s Emergency Response Plan accordingly; or (iv) is compatible with the QR Network Emergency Procedures and this Agreement, the Operator’s Emergency Response Plan must be treated as complying with Clause 7.1(a). (c) The Access Holder Operator must ensure that any amendments to the Operator’s Emergency Response Plan comply with the requirements contained in Clause 7.1(a). (d) If the Operator intends to amend the Operator’s Emergency Response Plan, the Access Holder Plan it must cause the Operator to notify QR Network of that fact, providing QR Network with details of the proposed amendments and the reasons for them. Within ten (10) days after receipt of that notice QR Network must notify the Access Holder Operator if it disputes any such proposed amendments, in which case any such dispute shall be resolved in accordance with the procedures set out in Clause 7.1(b). (e) No amendment to the Operator’s Emergency Response Plan to the extent that it relates to the Operator’s operations on the Nominated Network will be effective until it has been made in a manner permitted by this Clause 7.1. (f) The Access Holder Operator must be able to demonstrate to QR Network that procedures are in place which ensure compliance by the Operator with any reporting requirements in the Operator’s Emergency Response Plan and, to the extent relevant, the QR Network Emergency Procedures and that they are being observed. (g) The Access Holder Operator must ensure that at all times sufficient members of the Access HolderOperator’s Staff are appropriately qualified to participate in Investigations and that the names and positions of those members of the Access HolderOperator’s Staff are maintained in the Operator’s Emergency Response Plan.

Operator’s Emergency. Response Plan (a) Prior to the commencement of any Train Services (including any new or varied Train Services) the Access Holder must cause the Operator to develop and submit to QR Network a plan (the “Operator’s Emergency Response Plan”) which: (i) contains the set of procedures developed by the Operator which are adequate for dealing with an Incident including all actions to be taken to minimise or alleviate any threat or danger to any person or property; (ii) without limiting Clause 7.1(a)(i) includes the matters outlined in Part 3 of (iii) must at all times during the Term be compatible with the QR Network Emergency Procedures and this Agreement (the “Operator’s Emergency Response Plan”)Agreement. (b) If QR Network is not reasonably satisfied that the Operator’s Emergency Response Plan complies with Clause 7.1 (a) 7.1(a), QR Network must notify the Access Holder and if the Parties cannot agree on a mutually acceptable course of action to address QRQR Network’s concerns within fourteen (14) days after the date of QRQR Network’s notice, either Party may refer the matter to an expert in accordance with Clause 17.3. The expert will be required to determine whether or not the Operator’s Emergency Response Plan: (i) is compatible with the QR Network Emergency Procedures and this Agreement; and (ii) otherwise complies with Clause 7.1(a); and if . If the expert determines that the Operator’s Emergency Response Plan: (iiii) is not compatible with the QR Network Emergency Procedures and this Agreement, he must determine how the non-compliance should be rectified and the Access Holder must cause the Operator to rectify the Operator’s Emergency Response Plan accordingly; or (ivii) is compatible with the QR Network Emergency Procedures and this Agreement, the Operator’s Emergency Response Plan must be treated as complying with Clause 7.1(a). (c) The Access Holder must ensure that any amendments to the Operator’s Emergency Response Plan comply with the requirements contained in Clause 7.1(a). (d) If the Operator intends to amend the Operator’s Emergency Response Plan, the Access Holder must cause the Operator to notify QR Network of that fact, providing QR Network with details of the proposed amendments and the reasons for them. Within ten (10) days after receipt of that notice QR must notify the Access Holder if it disputes any such proposed amendments, in which case any such dispute shall be resolved in accordance with the procedures set out in Clause 7.1(b). (e) No amendment to the Operator’s Emergency Response Plan to the extent that it relates to the Operator’s operations on the Nominated Network will be effective until it has been made in a manner permitted by this Clause 7.1. (f) The Access Holder must be able to demonstrate to QR that procedures are in place which ensure compliance by the Operator with any reporting requirements in the Operator’s Emergency Response Plan and, to the extent relevant, the QR Emergency Procedures and that they are being observed. (g) The Access Holder must ensure that at all times sufficient members of the Access Holder’s Staff are appropriately qualified to participate in Investigations and that the names and positions of those members of the Access Holder’s Staff are maintained in the Operator’s Emergency Response Plan.ten

Operator’s Emergency. Response Plan (a) Prior to the commencement of any Train Services (including any new or varied Train Services) the Access Holder Operator must cause the Operator to develop and submit to QR Network a plan (the “Operator’s Emergency Response Plan”) which: (i) contains the set of procedures developed by the Operator which are adequate for dealing with an Incident including all actions to be taken to minimise or alleviate any threat or danger to any person or property; (ii) without limiting Clause 7.1(a)(i) includes the matters outlined in Part 3 of (iii) must at all times during the Term be compatible with the QR Network Emergency Procedures and this Agreement (the “Operator’s Emergency Response Plan”)Agreement. (b) If QR Network is not reasonably satisfied that the Operator’s Emergency Response Plan complies with Clause 7.1 (a7.1(a) QR Network must notify the Access Holder Operator and if the Parties cannot agree on a mutually acceptable course of action to address QRQR Network’s concerns within fourteen (14) days after the date of QRQR Network’s notice, either Party may refer the matter to an expert the Dispute Managers in accordance with Clause 17.317.2. The expert Dispute Managers will be required to determine whether or not the Operator’s Emergency Response Plan: (i) is compatible with the QR Network Emergency Procedures and this Agreement; and (ii) otherwise complies with Clause 7.1(a); and if If the expert determines Dispute Managers determine that the Operator’s Emergency Response Plan: (iii) is not compatible with the QR Network Emergency Procedures and this Agreement, he must determine how the non-compliance should be rectified and the Access Holder Operator must cause the Operator to rectify the Operator’s Emergency Response Plan accordingly; or (iv) is compatible with the QR Network Emergency Procedures and this Agreement, the Operator’s Emergency Response Plan must be treated as complying with Clause 7.1(a). (c) The Access Holder Operator must ensure that any amendments to the Operator’s Emergency Response Plan comply with the requirements contained in Clause 7.1(a). (d) If the Operator intends to amend the Operator’s Emergency Response Plan, the Access Holder Plan it must cause the Operator to notify QR Network of that fact, providing QR Network with details of the proposed amendments and the reasons for them. Within ten (10) days after receipt of that notice QR Network must notify the Access Holder Operator if it QR Network disputes any such proposed amendments, in which case any such dispute shall be resolved in accordance with the procedures set out in Clause 7.1(b).proposed (e) No amendment to the Operator’s Emergency Response Plan to the extent that it relates to the Operator’s operations on the Nominated Network will be effective until it has been made in a manner permitted by this Clause 7.1. (f) The Access Holder Operator must be able to demonstrate to QR Network that procedures are in place which ensure compliance by the Operator with any reporting requirements in the Operator’s Emergency Response Plan and, to the extent relevant, the QR Network Emergency Procedures and that they are being observed. (g) The Access Holder Operator must ensure that at all times sufficient members of the Access HolderOperator’s Staff are appropriately qualified to participate in Investigations and that the names and positions of those members of the Access HolderOperator’s Staff are maintained in the Operator’s Emergency Response Plan.

Operator’s Emergency. Response Plan (a) Prior to the commencement of any Train Services (including any new or varied Train Services) the Access Holder Operator must cause the Operator to develop and submit to QR Network a plan (the “Operator’s Emergency Response Plan”) which: (i) contains the set of procedures developed by the Operator which are adequate for dealing with an Incident including all actions to be taken to minimise or alleviate any threat or danger to any person or property; (ii) without limiting Clause 7.1(a)(i) includes the matters outlined in Part 3 of (iii) must at all times during the Term be compatible with the QR Network Emergency Procedures and this Agreement (the “Operator’s Emergency Response Plan”)Agreement. (b) If QR Network is not reasonably satisfied that the Operator’s Emergency Response Plan complies with Clause 7.1 (a) 7.1(a), QR Network must notify the Access Holder Operator and if the Parties cannot agree on a mutually acceptable course of action to address QRQR Network’s concerns within fourteen (14) days after the date of QRQR Network’s notice, either Party may refer the matter to an expert in accordance with Clause 17.3. The expert will be required to determine whether or not the Operator’s Emergency Response Plan: (i) is compatible with the QR Network Emergency Procedures and this Agreement; and (ii) otherwise complies with Clause 7.1(a); and if the expert determines that the Operator’s Emergency Response Plan:. (iiii) is not compatible with the QR Network Emergency Procedures and this Agreement, he must determine how the non-compliance should be rectified and the Access Holder Operator must cause the Operator to rectify the Operator’s Emergency Response Plan accordingly; or (ivii) is compatible with the QR Network Emergency Procedures and this Agreement, the Operator’s Emergency Response Plan must be treated as complying with Clause 7.1(a). (c) The Access Holder Operator must ensure that any amendments to the Operator’s Emergency Response Plan comply with the requirements contained in Clause 7.1(a). (d) If the Operator intends to amend the Operator’s Emergency Response Plan, the Access Holder Plan it must cause the Operator to notify QR Network of that fact, providing QR Network with details of the proposed amendments and the reasons for them. Within ten (10) days after receipt of that notice QR Network must notify the Access Holder Operator if it QR Network disputes any such proposed amendments, in which case any such dispute shall be resolved in accordance with the procedures set out in Clause 7.1(b). (e) No amendment to the Operator’s Emergency Response Plan to the extent that it relates to the Operator’s operations on the Nominated Network will be effective until it has been made in a manner permitted by this Clause 7.1. (f) The Access Holder Operator must be able to demonstrate to QR Network that procedures are in place which ensure compliance by the Operator with any reporting requirements in the Operator’s Emergency Response Plan and, to the extent relevant, the QR Network Emergency Procedures and that they are being observed. (g) The Access Holder Operator must ensure that at all times sufficient members of the Access HolderOperator’s Staff are appropriately qualified to participate in Investigations and that the names and positions of those members of the Access HolderOperator’s Staff are maintained in the Operator’s Emergency Response Plan.