Common use of Private Siding Maintenance Clause in Contracts

Private Siding Maintenance. 7.2.1. The Private Siding Operator is at all times responsible for the Private Siding Maintenance so as to:- 7.2.1.1. ensure that the Private Siding complies at all relevant times with any Applicable Requirements; 7.2.1.2. ensure the safe passage of Rolling Stock and persons who are working on or in the vicinity of the Private Siding and as such the Private Siding Operator shall ensure that the area on both sides of the Private Siding within the minimum distance stipulated in the Horizontal Clearance Diagram, Appendix F, is free at all times of any buildings, goods or material of any nature whatsoever; 7.2.1.3. ensure that no pollution or waste originating from the cleaning of rail Wagons, or from the loading or off-loading that takes place in the Private Siding or on the area adjacent thereto is in violation of any Applicable Requirements, including without limitation, all Environmental Laws; 7.2.1.4. ensure that waste originating from the cleaning of Wagons from the loading or off-loading thereof, including soil, weeds and plant overgrowth are removed regularly to ensure safe Train movements; 7.2.1.5. ensure that, if the loading site adjacent to the Private Siding is also leased by the Private Siding Operator, the Private Siding will form part of the environmental management plan for the loading site (if so required under any Applicable Requirements) and be subject to the same requirements, audits and penalties applicable to the loading site; 7.2.1.6. ensure that no Goods or waste build-up is allowed between the railway lines (tracks) of the Private Siding; 7.2.1.7. ensure that if the Private Siding Operator sub-contracts the maintenance or any other obligation in respect of the Private Siding as contemplated in this Agreement, such sub-contractor is bound to and adheres to the terms and conditions of this Agreement.