Removal of Rolling Stock from Network. (a) If ARTC reasonably considers that a Train operated by the Operator is obstructing the Network, the Operator will upon being notified in writing or by electronic mail of that obstruction arrange for the Train operated by the Operator to be moved by or at the time specified in such notice off or to another part or parts of the Network nominated by ARTC.
(b) Subject to clause 5.5(c), if the Operator does not so remove or move the Train operated by the Operator under clause 5.5(a), the Operator consents to ARTC arranging for the Train operated by the Operator to be removed from or moved to another part or parts of the Network, at the cost and expense of the Operator in all things.
(c) Notwithstanding any other provision of this agreement, the Operator will release and indemnify ARTC or its servant, agent, employee, contractor or volunteer for all and any injury, loss and damage arising from or related to the removal or movement arranged by ARTC under clause 5.5(b), including where such injury, loss and damage is caused by the negligence of ARTC or its servant, agent, employee, contractor or volunteer.
Removal of Rolling Stock from Network. General
(a) If TAHE reasonably considers that Rolling Stock operated by the Operator is causing an Obstruction on the Network, the Operator will, upon being notified in writing or by electronic mail of that Obstruction, arrange for the Rolling Stock operated by the Operator to be moved by or at the time specified in such notice off or to another part or parts of the Network nominated by TAHE.
(b) Subject to clause 5.7(c), if the Operator does not move the Rolling Stock in accordance with clause 5.7(a), the Operator will irrevocably appoint TAHE as its agent for the purposes of TAHE arranging for the Rolling Stock to be moved to another part or parts of the Network, at the cost and expense of the Operator in all things.
(c) Notwithstanding any other provision of this Agreement, the Operator will release and indemnify TAHE and its Employees for all and any Claims arising from or related to the movement arranged by TAHE under clause 5.7(b), including without limitation where such Claim is caused by the negligence of TAHE or its Employees.
