Common use of Operator’s Report Clause in Contracts

Operator’s Report. Without limiting clause 11.3, if an Incident occurs which involves the Operator and in relation to which ARTC has given written notice to the Operator that a report is required, the Operator will promptly prepare and submit to ARTC a written report which will include the following (to the extent relevant to the Incident and reasonably possible for the Operator to ascertain): (a) the time and location of the Incident; (b) available details of all loss or damage to the Train operated by the Operator and to the Network and Associated Facilities; (c) the factors which may have contributed to the cause of the loss or damage to the Train operated by the Operator and to the Network and Associated Facilities (the parties acknowledging that such statement will not be binding on the Operator and will not be taken to be an admission by the Operator for any purpose, including insurance and indemnification purposes (notwithstanding the terms of any insurance policy to the contrary)); (d) names of the Operator’s staff including volunteers in any way involved in the Incident either as principals or as witnesses; (e) an analysis in printed format of speed recorder charts for the Train operated by the Operator; (f) such other information which is required to be disclosed in a report to the Administering Authority under the relevant Rail Safety Act; (g) such other information which is required to be disclosed in a report under the Dangerous Goods Code.

Operator’s Report. Without limiting clause 11.3, if an Incident occurs which involves the Operator and in relation to which ARTC has given written notice to the Operator that a report is required, the Operator will must promptly prepare and submit to ARTC a written report which will must include the following (to the extent relevant to the Incident and reasonably possible for the Operator to ascertain): (a) the time and location of the Incident; (b) available details of all loss or damage to the Train operated by the Operator and to the Network and Associated Facilities; (c) the factors which may have contributed to the cause of the loss or damage to the Train operated by the Operator and to the Network and Associated Facilities (the parties acknowledging that such statement will not be binding on the Operator and will not be taken to be an admission by the Operator for any purpose, including insurance and indemnification purposes (notwithstanding the terms of any insurance policy to the contrary)); (d) names of the Operator’s staff including volunteers in any way involved in the Incident either as principals or as witnesses; (e) an analysis in printed format of speed recorder charts for the Train operated by the Operator; (f) such other information which is required to be disclosed in a report to the Administering Authority under the relevant Rail Safety Act; (g) such other information which is required to be disclosed in a report under the Dangerous Goods Code.

Operator’s Report. Without limiting clause 11.3, if an Incident occurs which involves the Operator and in relation to which ARTC has given written notice to the Operator that a report is required, the Operator will promptly prepare and submit to ARTC a written report which will include the following (to the extent relevant to the Incident and reasonably possible for the Operator to ascertain): (a) the time and location of the Incident; (b) available details of all loss or damage to the Train operated by the Operator and to the Network and Associated Facilities; (c) the factors which may have contributed to the cause of the loss or damage to the Train operated by the Operator and to the Network and Associated Facilities (the parties acknowledging that such statement will not be binding on the Operator and will not be taken to be an admission by the Operator for any purpose, including insurance and indemnification purposes (notwithstanding the terms of any insurance policy to the contrary)); (d) names of the Operator’s staff including volunteers in any way involved in the Incident either as principals or as witnesses; (e) an analysis in printed format of speed recorder charts for the Train operated by the Operator; (f) such other information which is required to be disclosed in a report to the Administering Authority under the relevant Rail Safety Act;; and (g) such other information which is required to be disclosed in a report under the Dangerous Goods Code.