Common use of Removal of Rolling Stock from Network Clause in Contracts

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. (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 without limitation 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. (a) If ARTC reasonably considers that a Train operated by the Operator is obstructing the Network, ARTC may issue a notice to the Operator will upon being notified in writing or by electronic mail of that obstruction and requesting the Operator to arrange for the Train operated by the Operator to be moved by or at the time specified in such notice the notice, off or to another part or parts of the Network nominated by ARTC. (b) Subject to clause 5.5(c5.7(c), if the Operator does not so remove or move the Train operated by the Operator under clause 5.5(a5.7(a), the Operator consents to to: (i) 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; and (ii) ARTC or its servant, agent, employee, contractor or volunteer accessing the Network to remove from or move to another part or parts of the Network the Train operated by the Operator. (c) Notwithstanding any other provision of this agreementAgreement, 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(b5.7(b), including without limitation 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. (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(c5.7(c), if the Operator does not so remove or move the Train operated by the Operator under clause 5.5(a5.7(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 agreementAgreement, 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(b5.7(b), including without limitation 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. (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. Adopted change recommended in first round consultation. (b) Subject to clause 5.5(c5.7(c), if the Operator does not so remove or move the Train operated by the Operator under clause 5.5(a5.7(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 agreementAgreement, 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(b5.7(b), including without limitation 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. (a) If ARTC reasonably considers that a Train operated by the Operator is obstructing the Network, ARTC may issue a notice to the Operator will upon being notified in writing or by electronic mail of that obstruction and requesting the Operator to arrange for the Train operated by the Operator to be moved moved, by or at the time specified in such notice the notice, off or to another part or parts of the Network nominated by ARTC. (b) Subject to clause 5.5(c5.7(c), if the Operator does not so remove or move the Train operated by the Operator under clause 5.5(a5.7(a), the Operator consents to to: (i) 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.; and (ii) ARTC or its servant, agent, employee, contractor or volunteer accessing the Network to remove from or move to another part or parts of the Network the Train operated by the Operator.. (c) (c) Notwithstanding any other provision of this agreementAgreement, 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(b5.7(b), including without limitation 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. (a) If ARTC reasonably considers that a Train operated by the Operator is obstructing the Network, ARTC may issue a notice to the Operator will upon being notified in writing or by electronic mail of that obstruction and requesting the Operator to arrange for the Train operated by the Operator to be moved moved, by or at the time specified in such notice the notice, off or to another part or parts of the Network nominated by ARTC. (b) Subject to clause 5.5(c5.7(c), if the Operator does not so remove or move the Train operated by the Operator under clause 5.5(a5.7(a), the Operator consents to to: (i) 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; and (ii) ARTC or its servant, agent, employee, contractor or volunteer accessing the Network to remove from or move to another part or parts of the Network the Train operated by the Operator. (c) Notwithstanding any other provision of this agreementAgreement, 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(b5.7(b), including without limitation where such injury, loss and damage is caused by the negligence of ARTC or its servant, agent, employee, contractor or volunteer.