Common use of Provision of Security by an Operator Clause in Contracts

Provision of Security by an Operator. (a) Aurizon Network must promptly notify the End User of any failure by an Operator to adequately provide any security the Operator is required to provide under a Train Operations Agreement. (b) Aurizon Network agrees that the End User may at any time, without having any obligation to do so, provide security for an Operator and that, for any period during which the End User provides security which meets the requirements of the relevant Train Operations Agreement, Aurizon Network shall accept that that satisfies the Operator's obligations to provide security under the Train Operations Agreement. (c) For the avoidance of doubt, to the extent that the End User has exercised its right to provide security on behalf of an Operator in accordance with clause 5.9(b) and Aurizon Network has treated the provision of such security as satisfying the Operator’s obligation to provide security under its Train Operations Agreement, the End User agrees that Aurizon Network may have recourse to that security as if it were provided by the Operator under the terms of its Train Operations Agreement. To the extent any such security is to be repaid, returned or released in accordance with clause 9.8 of the Operator's Train Operations Agreement, it will be repaid, returned or released to, and any necessary releases will be provided to, the End User.