Common use of Spillage of Contaminating Materials Clause in Contracts

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 Access Holder or Operator under this Agreement result in any release, spillage or leakage of any Contaminating Material, or Aurizon Network QR is reasonably of the opinion that those activities are causing or likely to cause contamination or Environmental Harm, and Aurizon Network QR reasonably considers that action is required to prevent, mitigate or remedy that contamination or Environmental Harm; or (ii) Aurizon Network QR 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 Access Holder or Operator under this Agreement, then Aurizon Network QR may notify the Operator Access Holder of the action which is required and the Operator Access Holder 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 NetworkQR’s reasonable opinion, any action pursuant to Clause 9.5(a8.5(a) ought best be undertaken by Aurizon NetworkQR, then Aurizon Network QR may elect to undertake such action and the Operator Access Holder shall pay to Aurizon Network QR the costs incurred by Aurizon Network QR in doing so. (c) If the Operator Access Holder disputes any action taken by Aurizon Network QR in accordance with this Clause 9.58.5, either Party may refer the dispute to an expert in accordance with Clause 18.3 17.3 and if the expert determines the dispute in favour of the OperatorAccess Holder, Aurizon Network QR will reimburse the Operator Access Holder for the costs incurred by the Operator Access Holder as a result of the actions taken by the Operator Access Holder at Aurizon NetworkQR’s request (or, if applicable, Aurizon Network QR will bear the costs incurred by Aurizon Network QR in accordance with Clause 9.5(b8.5(b) and shall not be able to recover those costs from the OperatorAccess Holder) to the extent determined by the expert.

Spillage of Contaminating Materials. (a) Where: (i) the activities of the Access Holder or Operator under this Agreement result in any release, spillage or leakage of any Contaminating Material, or Aurizon QR Network is reasonably of the opinion that those activities are causing or likely to cause contamination or Environmental Harm, and Aurizon QR Network reasonably considers that action is required to prevent, mitigate or remedy that contamination or Environmental Harm; or (ii) Aurizon 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 Access Holder or Operator under this Agreement, then Aurizon QR Network may notify the Operator Access Holder of the action which is required and the Operator Access Holder 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 QR Network’s reasonable opinion, any action pursuant to Clause 9.5(a8.5(a) ought best be undertaken by Aurizon QR Network, then Aurizon QR Network may elect to undertake such action and the Operator Access Holder shall pay to Aurizon QR Network the costs incurred by Aurizon QR Network in doing so. (c) If the Operator Access Holder disputes any action taken by Aurizon QR Network in accordance with this Clause 9.58.5, either Party may refer the dispute to an expert in accordance with Clause 18.3 17.3 and if the expert determines the dispute in favour of the OperatorAccess Holder, Aurizon QR Network will reimburse the Operator Access Holder for the costs incurred by the Operator Access Holder as a result of the actions taken by the Operator Access Holder at Aurizon QR Network’s request (or, if applicable, Aurizon QR Network will bear the costs incurred by Aurizon QR Network in accordance with Clause 9.5(b8.5(b) and shall not be able to recover those costs from the OperatorAccess Holder) to the extent determined by the expert.

Spillage of Contaminating Materials. (a) Where: (i) the activities of the Access Holder or Operator under this Agreement result in any release, spillage or leakage of any Contaminating Material, or Aurizon QR Network is reasonably of the opinion that those activities are causing or likely to cause contamination or Environmental Harm, and Aurizon QR Network reasonably considers that action is required to prevent, mitigate or remedy that contamination or Environmental Harm; or (ii) Aurizon 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 Access Holder or Operator under this Agreement, then Aurizon QR Network may notify the Operator Access Holder of the action which is required and the Operator Access Holder 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 QR Network’s reasonable opinion, any action pursuant to Clause 9.5(a8.5(a) ought best be undertaken by Aurizon QR Network, then Aurizon QR Network may elect to undertake such action and the Operator Access Holder shall pay to Aurizon QR Network the costs incurred by Aurizon QR Network in doing so. (c) If the Operator Access Holder disputes any action taken by Aurizon QR Network in accordance with this Clause 9.58.5, either Party may refer the dispute to an expert in accordance with Clause 18.3 Xxxxxx 17.3 and if the expert determines the dispute in favour of the OperatorAccess Holder, Aurizon QR Network will reimburse the Operator Access Holder for the costs incurred by the Operator Access Holder as a result of the actions taken by the Operator Access Holder at Aurizon QR Network’s request (or, if applicable, Aurizon QR Network will bear the costs incurred by Aurizon QR Network in accordance with Clause 9.5(b8.5(b) and shall not be able to recover those costs from the OperatorAccess Holder) 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 Aurizon Network Queensland Rail is reasonably of the opinion that those activities are causing or likely to cause contamination or Environmental Harm, and Aurizon Network Queensland Rail reasonably considers that action is required to prevent, mitigate or remedy that contamination or Environmental Harm; or (ii) Aurizon Network Queensland Rail 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 Queensland Rail 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 NetworkQueensland Rail’s reasonable opinion, any action pursuant to Clause 9.5(a8.5(a) ought best be undertaken by Aurizon NetworkQueensland Rail, then Aurizon Network Queensland Rail may elect to undertake such action and the Operator shall pay to Aurizon Network Queensland Rail the costs incurred by Aurizon Network Queensland Rail in doing so. (c) If the Operator disputes any action taken by Aurizon Network Queensland Rail in accordance with this Clause 9.58.5, either Party may refer the dispute to an expert in accordance with Clause 18.3 17.3 and if the expert determines the dispute in favour of the Operator, Aurizon Network Queensland Rail will reimburse the Operator for the costs incurred by the Operator as a result of the actions taken by the Operator O perator at Aurizon NetworkQueensland Rail’s request (or, if applicable, Aurizon Network Queensland Rail will bear the costs incurred by Aurizon Network Queensland Rail in accordance with Clause 9.5(b8.5(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 Aurizon Network QR is reasonably of the opinion that those activities are causing or likely to cause contamination or Environmental Harm, and Aurizon Network QR reasonably considers that action is required to prevent, mitigate or remedy that contamination or Environmental Harm; or (ii) Aurizon Network QR 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 QR 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 implementedaction. (b) If, in Aurizon NetworkQR’s reasonable opinion, any action pursuant to Clause 9.5(a8.5(a) ought best be undertaken by Aurizon NetworkQR, then Aurizon Network QR may elect to undertake such action and the Operator shall pay to Aurizon Network QR the costs incurred by Aurizon Network QR in doing so. (c) If the Operator disputes any action taken by Aurizon Network QR in accordance with this Clause 9.58.5, either Party may refer the dispute to an expert in accordance with Clause 18.3 17.3 and if the expert determines the dispute in favour of the Operator, Aurizon Network QR will reimburse the Operator for the costs incurred by the Operator as a result of the actions taken by the Operator at Aurizon NetworkQR’s request (or, if applicable, Aurizon Network QR will bear the costs incurred by Aurizon Network QR in accordance with Clause 9.5(b8.5(b) and shall not be able to recover those costs from the Operator) to the extent determined by the expert. 8.6 Community Liaison and Environmental Complaint Procedures (a) Prior to the commencement of any Train Services the Operator shall take all steps necessary to comply with all relevant community liaison requirements required by Law, any Authority or reasonably required by QR and shall invite QR to be represented at any community meetings organised by the Operator. (b) In the event that QR or the Operator receives noise complaints or other complaints dealing with environmental issues in relation to the Nominated Network, both QR and the Operator shall inform each other of those complaints as soon as reasonably practicable and shall cooperate in investigating and responding to those complaints. 8.7 Audit and Review of Environmental Investigation and Risk Management Report (a) The Operator will provide QR with copies of those parts of any environmental audits undertaken by or on behalf of the Operator in respect of its Train Services on the Nominated Network. (b) QR will provide the Operator with copies of those parts of QR’s environmental audits that are relevant to the operation of the Operator’s Train Services on the Nominated Network. (c) If QR becomes aware of: (i) any inadequacy of the Operator’s Environmental Investigation and Risk Management Report due to: (A) any change in Environmental Laws of relevance to the operation of Train Services on the Nominated Network; or (B) any conduct on the part of the Operator which causes or threatens to cause Serious Environmental Harm or Material Environmental Harm; or (ii) any non-compliance by the Operator with its Environmental Investigation and Risk Management Report, then, in addition to any other rights QR may have under this Agreement, QR may by notice to the Operator direct the Operator to undertake a review of the adequacy of its Environmental Investigation and Risk Management Report and/or the Operator’s compliance with it. The review will only deal with: (i) the extent to which the Environmental Investigation and Risk Management Report appears not to address a change in Environmental Laws of relevance to the operation of Train Services on the Nominated Network; or (ii) the conduct causing or threatening to cause Serious Environmental Harm or Material Environmental Harm; or (iii) the extent of non-compliance by the Operator with its Environmental Investigation and Risk Management Report, whichever is applicable in the circumstances. (d) If directed by QR to undertake a review in accordance with Clause 8.7(c), the Operator will ensure the review is carried out and will provide QR with a copy of the review report within a reasonable time after the review has been completed (and in any case, not later than three (3) Months after the notice from QR requiring the review). (e) The Operator must implement the reasonable recommendations arising from each review under this Clause 8.7 and the Parties shall amend the Environmental Investigation and Risk Management Report and this Agreement (including any variations to the Base Access Charges) as appropriate. (f) Either Party may refer any dispute as to the nature or extent of any amendments to the Environmental Investigation and Risk Management Report or this Agreement that ought to be made to an expert for resolution in accordance with Clause 17.3.