Spillage of Contaminating Materials Sample Clauses
Spillage of Contaminating Materials. (a) Where:
(i) the activities of the Operator under this Agreement result in any release, spillage or leakage of any Contaminating Material, or Aurizon Network is reasonably of the opinion that those activities are causing or likely to cause contamination or Environmental Harm, and Aurizon Network reasonably considers that action is required to prevent, mitigate or remedy that contamination or Environmental Harm; or
(ii) Aurizon Network is given a direction, notice or order by a relevant Authority that some action is required to prevent, mitigate or remedy any actual or threatened contamination or Environmental Harm resulting from, or contributed to by, the activities of the Operator under this Agreement, then Aurizon Network may notify the Operator of the action which is required and the Operator must at its cost, as soon as reasonably practicable after receiving such notice, implement such action or cause such action to be implemented.
(b) If, in Aurizon Network’s reasonable opinion, any action pursuant to Clause 9.5(a) ought best be undertaken by Aurizon Network, then Aurizon Network may elect to undertake such action and the Operator shall pay to Aurizon Network the costs incurred by Aurizon Network in doing so.
(c) If the Operator disputes any action taken by Aurizon Network in accordance with this Clause 9.5, either Party may refer the dispute to an expert in accordance with Clause 18.3 and if the expert determines the dispute in favour of the Operator, Aurizon Network will reimburse the Operator for the costs incurred by the Operator as a result of the actions taken by the Operator at Aurizon Network’s request (or, if applicable, Aurizon Network will bear the costs incurred by Aurizon Network in accordance with Clause 9.5(b) and shall not be able to recover those costs from the Operator) to the extent determined by the expert.
Spillage of Contaminating Materials. (a) Where:
(i) the activities of the Operator under this Agreement result in any release, spillage or leakage of any Contaminating Material, or QR Network is reasonably of the opinion that those activities are causing or likely to cause contamination or Environmental Harm, and QR Network reasonably considers that action is required to prevent, mitigate or remedy that contamination or Environmental Harm; or
(ii) QR Network is given a direction, notice or order by a relevant Authority that some action is required to prevent, mitigate or remedy any actual or threatened contamination or Environmental Harm resulting from, or contributed to by, the activities of the Operator under this Agreement, then QR Network may notify the Operator of the action which is required and the Operator must at its cost, as soon as reasonably practicable after receiving such notice, implement such action.
(b) If, in QR Network’s reasonable opinion, any action pursuant to Clause 8.5(a) ought best be undertaken by QR Network, then QR Network may elect to undertake such action and the Operator shall pay to QR Network the costs incurred by QR Network in doing so.
(c) If the Operator disputes any action taken by QR Network in accordance with this Clause 8.5, either Party may refer the dispute to the Dispute Managers in accordance with Clause 17.2 and if the dispute is determined in favour of the Operator, QR Network will reimburse the Operator for the costs incurred by the Operator as a result of the actions taken by the Operator at QR Network’s request (or, if applicable, QR Network will bear the costs incurred by QR Network in accordance with Clause 8.5(b)
Spillage of Contaminating Materials. (a) Where:
(i) the activities of the Operator under this Agreement result in any release, spillage or leakage of any Contaminating Material, or QR Network is reasonably of the opinion that those activities are causing or likely to cause contamination or Environmental Harm, and QR Network reasonably considers that action is required to prevent, mitigate or remedy that contamination or Environmental Harm; or
(ii) QR Network is given a direction, notice or order by a relevant Authority that some action is required to prevent, mitigate or remedy any actual or threatened contamination or Environmental Harm resulting from, or contributed to by, the activities of the Operator under this Agreement, then QR Network may notify the Operator of the action which is required and the Operator must at its cost, as soon as reasonably practicable after receiving such notice, implement such action or cause such action to be implemented.
(b) If, in QR Network’s reasonable opinion, any action pursuant to Clause 8.5(a) ought best be undertaken by QR Network, then QR Network may elect to undertake such action and the Operator shall pay to QR Network the costs incurred by QR Network in doing so.