Common use of Repairs, maintenance and upgrading of the Network Clause in Contracts

Repairs, maintenance and upgrading of the Network. (a) Notwithstanding any other provisions to the contrary in this clause 11, but subject only to clauses 11.2(b), 11.2(c) and 11.3, ARTC may, without notice to the Access Holder or the relevant Operator, perform repairs, maintenance or upgrading of the Network, carry out any new work on the Network, or take possession of any part of the Network, at any time. (b) If repairs, maintenance or upgrading of the Network, the carrying out of any new work on the Network, or taking possession of the Network, are reasonably likely to materially affect a Train Path, ARTC will, prior to commencement of the works: (i) take all reasonable steps to minimise any disruption to the Train Path; (ii) notify the Access Holder and relevant Operator of the works as soon as reasonably practicable; and (iii) use its best endeavours to provide an alternative Train Path or Path Usage, but need not obtain the Access Holder or Operator’s consent to such repairs, maintenance or upgrading, or possession of the Network. (c) Possession of the Network means closure of the relevant part of the Network to all traffic for the purpose of effecting repairs, maintenance or upgrading. ARTC will consult with the Access Holder and the relevant Operator a reasonable time before taking possession of the Network (except in the case of an emergency) with a view to efficient possession planning and with a view to minimising disruption to Services.

Repairs, maintenance and upgrading of the Network. (a) Notwithstanding any other provisions to the contrary in this clause 119, but subject only to clauses 11.2(b9.3(b), 11.2(c9.3(c) and 11.3, 9.4 ARTC may, without notice to the Access Holder or the relevant Operator, perform repairs, maintenance or upgrading of the Network, carry out any new work on the Network, or take possession of any part of the Network, at any time. (b) If repairs, maintenance or upgrading of the Network, the carrying out of any new work on the Network, or taking possession of the Network, are reasonably likely to materially affect a Train PathPath or a Path Usage, ARTC will, prior to commencement of the works: (i) take all reasonable steps to minimise any disruption to the Train PathPath or Path Usage; (ii) notify the Access Holder and relevant Operator of the works as soon as reasonably practicable; and (iii) use its best endeavours to provide an alternative Train Path or Path Usage, but need not obtain the Access Holder or Operator’s consent to such repairs, maintenance or upgrading, or possession of the Network. (c) Possession of the Network means closure of the relevant part of the Network to all traffic for the purpose of effecting repairs, maintenance or upgrading. ARTC will consult with the Access Holder and the relevant Operator a reasonable time before taking possession of the Network (except in the case of an emergency) with a view to efficient possession planning and with a view to minimising disruption to Services.

Repairs, maintenance and upgrading of the Network. (a) Notwithstanding any other provisions to the contrary in this clause 119, but subject only to clauses 11.2(b9.3(b), 11.2(c9.3(c) and 11.3, 9.4 ARTC may, without notice to the Access Holder or the relevant Operator, perform repairs, maintenance or upgrading of the Network, carry out any new work on the Network, or take possession of any part of the Network, at any time. (b) If repairs, maintenance or upgrading of the Network, the carrying out of any new work on the Network, or taking possession of the Network, are reasonably likely to materially affect a the Scheduled Train PathPaths, ARTC willmust, prior to commencement of the works: (i) take all reasonable steps to minimise any disruption to the Scheduled Train PathPaths; (ii) notify the Access Holder and relevant Operator of the works as soon as reasonably practicable; and (iii) use its best endeavours to provide an alternative Train Path or Path UsagePath, but need not obtain the Access Holder or Operator’s consent to such repairs, maintenance or upgrading, or possession of the Network. (c) Possession of the Network means closure of the relevant part of the Network to all traffic for the purpose of effecting repairs, maintenance or upgrading. ARTC will consult with the Access Holder and the relevant Operator a reasonable time before taking possession of the Network (except in the case of an emergency) with a view to efficient possession planning and with a view to minimising disruption to Services.

Repairs, maintenance and upgrading of the Network. (a) Notwithstanding any other provisions to the contrary in this clause 119, but subject only to clauses 11.2(b9.3(b), 11.2(c9.3(c) and 11.3, 9.4 ARTC may, without notice to the Access Holder or the relevant Operator, perform repairs, maintenance or upgrading of the Network, carry out any new work on the Network, or take possession of any part of the Network, at any time. (b) If repairs, maintenance or upgrading of the Network, the carrying out of any new work on the Network, or taking possession of the Network, are reasonably likely to materially affect a the Scheduled Train PathPaths, ARTC will, prior to commencement of the works: (i) take all reasonable steps to minimise any disruption to the Scheduled Train PathPaths; (ii) notify the Access Holder and relevant Operator of the works as soon as reasonably practicable; and (iii) use its best endeavours to provide an alternative Train Path or Path UsagePath, but need not obtain the Access Holder or Operator’s consent to such repairs, maintenance or upgrading, or possession of the Network. (c) Possession of the Network means closure of the relevant part of the Network to all traffic for the purpose of effecting repairs, maintenance or upgrading. ARTC will consult with the Access Holder and the relevant Operator a reasonable time before taking possession of the Network (except in the case of an emergency) with a view to efficient possession planning and with a view to minimising disruption to ServicesServices and ARTC may at its discretion waive the flagfall charge applicable to any Services affected by this clause.

Repairs, maintenance and upgrading of the Network. (a) Notwithstanding any other provisions to the contrary in this clause 119, but subject only to clauses 11.2(b9.3(b), 11.2(c9.3(c) and 11.3, 9.4 ARTC may, without notice to the Access Holder or the relevant Operator, perform repairs, maintenance or upgrading of the Network, carry out any new work on the Network, or take possession of any part of the Network, at any time. (b) If repairs, maintenance or upgrading of the Network, the carrying out of any new work on the Network, or taking possession of the Network, are reasonably likely to materially affect a Train PathPath or a Path Usage, ARTC will, prior to commencement of the works: (i) take all reasonable steps to minimise any disruption to the Train PathPath or Path Usage; (ii) notify the Access Holder and relevant Operator of the works as soon as reasonably practicable; and (iii) use its best endeavours to provide an alternative Train Path or Path Usage, but need not obtain the Access Holder or Operator’s consent to such repairs, maintenance or upgrading, or possession of the Network. (c) Possession of the Network means closure of the relevant part of the Network to all traffic for the purpose of effecting repairs, maintenance or upgrading. ARTC will consult with the Access Holder and the relevant Operator a reasonable time before taking possession of the Network (except in the case of an emergency) with a view to efficient possession planning and with a view to minimising disruption to Services.

Repairs, maintenance and upgrading of the Network. (a) Notwithstanding any other provisions to the contrary in this clause 11, but subject only to clauses clause 11.2(b), 11.2(c) and 11.3, ARTC may, without notice to the Access Holder or the relevant Operator, perform repairs, maintenance or upgrading of the Network, carry out any new work on the Network, or take possession of any part of the Network, at any time. (b) If repairs, maintenance or upgrading of the Network, the carrying out of any new work on the Network, or taking possession of the Network, are reasonably likely to materially affect a Train Path, ARTC will, prior to commencement of the works: (i) take all reasonable steps to minimise any disruption to the Train Path; (ii) notify the Access Holder and relevant Operator of the works as soon as reasonably practicable; and (iii) use its best endeavours to provide an alternative Train Path or Path Usage, but need not obtain the Access Holder or Operator’s consent to such repairs, maintenance or upgrading, or possession of the Network. (c) Possession of the Network means closure of the relevant part of the Network to all traffic for the purpose of effecting repairs, maintenance or upgrading. ARTC will consult with the Access Holder and the relevant Operator a reasonable time before taking possession of the Network (except in the case of an emergency) with a view to efficient possession planning and with a view to minimising disruption to Services.

Repairs, maintenance and upgrading of the Network. (a) Notwithstanding any other provisions to the contrary in this clause 11, but subject only to clauses 11.2(b), 11.2(c) and 11.3, ARTC may, without notice to the Access Holder or the relevant Operator, perform repairs, maintenance or upgrading of the Network, carry out any new work on the Network, or take possession of any part of the Network, at any time. (b) If repairs, maintenance or upgrading of the Network, the carrying out of any new work on the Network, or taking possession of the Network, are reasonably likely to materially affect a Train Path, ARTC will, prior to commencement of the works: (i) take all reasonable steps to minimise any disruption to the Train Path; (ii) notify the Access Holder and relevant Operator of the works as soon as reasonably practicable; and (iii) use its best endeavours to provide an alternative Train Path or Path Usage, but need not obtain the Access Holder or Operator’s consent to such repairs, maintenance or upgrading, or possession of the Network. (c) Possession of the Network means closure of the relevant part of the Network to all traffic for the purpose of effecting repairs, maintenance or upgrading. ARTC will consult with the Access Holder and the relevant Operator a reasonable time before taking possession of the Network (except in the case of an emergency) with a view to efficient possession planning and with a view to minimising disruption to Services.)

Repairs, maintenance and upgrading of the Network. (a) Notwithstanding any other provisions to the contrary in this clause 11, but subject only to clauses clause 11.2(b), 11.2(c) and 11.3, ARTC may, without notice to the Access Holder or the relevant Operator, perform repairs, maintenance or upgrading of the Network, carry out any new work on the Network, or take possession of any part of the Network, at any time. (b) If repairs, maintenance or upgrading of the Network, the carrying out of any new work on the Network, or taking possession of the Network, are reasonably likely to materially affect a Train Path, ARTC will, prior to commencement of the works: (i) take all reasonable steps to minimise any disruption to the Train Path; (ii) notify the Access Holder and relevant Operator of the works as soon as reasonably practicable; and (iii) use its best endeavours to provide an alternative Train Path or Path Usage, but need not obtain the Access Holder or Operator’s consent to such repairs, maintenance or upgrading, or possession of the Network. (c) Possession of the Network means closure of the relevant part of the Network to all traffic for the purpose of effecting repairs, maintenance or upgrading. ARTC will consult with the Access Holder and the relevant Operator a reasonable time before taking possession of the Network (except in the case of an emergency) with a view to efficient possession planning and with a view to minimising disruption to Services.Services and ARTC may at its discretion waive the TOP Charges applicable to any Services affected by this clause 11.2..

Repairs, maintenance and upgrading of the Network. (a) Notwithstanding any other provisions to the contrary in this clause 11, but subject only to clauses clause 11.2(b), 11.2(c12.211.2(c) and 11.3, ARTC may, without notice to the Access Holder or the relevant Operator, perform repairs, maintenance or upgrading of the Network, carry out any new work on the Network, or take possession of any part of the Network, at any time. (b) If repairs, maintenance or upgrading of the Network, the carrying out of any new work on the Network, or taking possession of the Network, are reasonably likely to materially affect a Train Path, ARTC will, prior to commencement of the works: (i) take all reasonable steps to minimise any disruption to the Train Path; (ii) notify the Access Holder and relevant Operator of the works as soon as reasonably practicable; and (iii) use its best endeavours to provide an alternative Train Path or Path Usage, but need not obtain the Access Holder or Operator’s consent to such repairs, maintenance or upgrading, or possession of the Network. (c) Possession of the Network means closure of the relevant part of the Network to all traffic for the purpose of effecting repairs, maintenance or upgrading. ARTC will consult with the Access Holder and the relevant Operator a reasonable time before taking possession of the Network (except in the case of an emergency) with a view to efficient possession planning and with a view to minimising disruption to Services.Services and ARTC may at its discretion waive the TOP Charges applicable to any Services affected by this clause 11.2..

Repairs, maintenance and upgrading of the Network. (a) Notwithstanding any other provisions to the contrary in this clause 11, but subject only to clauses clause 11.2(b), 11.2(c12.2(c) and 11.3, ARTC may, without notice to the Access Holder or the relevant Operator, perform repairs, maintenance or upgrading of the Network, carry out any new work on the Network, or take possession of any part of the Network, at any time. (b) If repairs, maintenance or upgrading of the Network, the carrying out of any new work on the Network, or taking possession of the Network, are reasonably likely to materially affect a Train Path, ARTC will, prior to commencement of the works: (i) take all reasonable steps to minimise any disruption to the Train Path; (ii) notify the Access Holder and relevant Operator of the works as soon as reasonably practicable; and (iii) use its best endeavours to provide an alternative Train Path or Path Usage, but need not obtain the Access Holder or Operator’s consent to such repairs, maintenance or upgrading, or possession of the Network. (c) Possession of the Network means closure of the relevant part of the Network to all traffic for the purpose of effecting repairs, maintenance or upgrading. ARTC will consult with the Access Holder and the relevant Operator a reasonable time before taking possession of the Network (except in the case of an emergency) with a view to efficient possession planning and with a view to minimising disruption to ServicesServices and ARTC may at its discretion waive the TOP Charges applicable to any Services affected by this clause 11.2.

Repairs, maintenance and upgrading of the Network. (a) Notwithstanding any other provisions to the contrary in this clause 11, but subject only to clauses clause 11.2(b), 11.2(c) and 11.3, ARTC may, without notice to the Access Holder or the relevant Operator, perform repairs, maintenance or upgrading of the Network, carry out any new work on the Network, or take possession of any part of the Network, at any time. (b) If repairs, maintenance or upgrading of the Network, the carrying out of any new work on the Network, or taking possession of the Network, are reasonably likely to materially affect a Train Path, ARTC will, prior to commencement of the works: (i) take all reasonable steps to minimise any disruption to the Train Path; (ii) notify the Access Holder and relevant Operator of the works as soon as reasonably practicable; and (iii) use its best endeavours to provide an alternative Train Path or Path Usage, but need not obtain the Access Holder or Operator’s consent to such repairs, maintenance or upgrading, or possession of the Network. (c) Possession of the Network means closure of the relevant part of the Network to all traffic for the purpose of effecting repairs, maintenance or upgrading. ARTC will consult with the Access Holder and the relevant Operator a reasonable time before taking possession of the Network (except in the case of an emergency) with a view to efficient possession planning and with a view to minimising disruption to ServicesServices and ARTC may at its discretion waive the TOP Charges applicable to any Services affected by this clause 11.2.