Supply Chain Rights. (a) The Access Holder must demonstrate to the satisfaction of Aurizon Network (acting reasonably) that the Access Holder holds, or has the benefit of, or is reasonably likely to hold, or have the benefit of, Supply Chain Rights for the commencement of the operation of the first Train Service for each Train Service Type.
(b) The Access Holder may not nominate an Operator under this Agreement in respect of a Train Service Type for which the Access Holder does not hold, or have the benefit of, Supply Chain Rights for those Train Services.
(c) The Access Holder must, for each Train Service Type, use all reasonable endeavours to continue to hold, or have the benefit of, those Supply Chain Rights until at least the Train Service Expiry Date for the Train Service Type, provided that if the term of any Supply Chain Rights expires or terminates prior to the Train Service Expiry Date for that Train Service Type, the Access Holder must use reasonable endeavours to secure equivalent Supply Chain Rights for the period until the Train Service Expiry Date for that Train Service Type.
(d) If, prior to the commencement of the operation of the Train Services for each Train Service Type, Aurizon Network:
(i) acting reasonably, considers the Access Xxxxxx’s circumstances have changed; and
(ii) notifies the Access Holder that it requires details of the changed circumstances, the Access Holder must, within 10 Business Days after its notice, provide Aurizon Network reasonable details of:
(iii) the Supply Chain Rights for the Train Services for a Train Service Type that the Access Holder holds, or has the benefit of at the time; and
(iv) if applicable, the steps which the Access Holder has taken, or intends to take to secure any additional, renewed, extended or replacement Supply Chain Rights for the Train Services for the Train Service Type and the status of any such steps.
Supply Chain Rights. (a) The End User must, for each Train Service Type:
(i) hold, or have the benefit of, Supply Chain Rights for all Train Services for that Train Service Type at all times on and from the Train Service Commitment Date for that Train Service Type until the Train Service Expiry Date for that Train Service Type;
(ii) ensure that the Operator does not operate Train Services for that Train Service Type at any time during which the End User does not hold, or have the benefit of, Supply Chain Rights for those Train Services; and
(iii) ensure that the Operator does not commence the operation of Train Services for a Train Service Type until the End User has demonstrated, to the reasonable satisfaction of Aurizon Network, the matters which the End User is required to demonstrate under clause 7.4(b).
(b) The End User must demonstrate to the reasonable satisfaction of Aurizon Network:
(i) on or before the Train Service Commitment Date for a Train Service Type; and
(ii) within 10 Business Days after being requested to do so at any time by Aurizon Network, that the End User:
(iii) holds, or has the benefit of, Supply Chain Rights for the operation of the Train Services for that Train Service Type; and
(iv) will continue to hold, or have the benefit of, those Supply Chain Rights until at least the Train Service Expiry Date for that Train Service Type (or at least the Train Service Expiry Date for that Train Service Type if the End User or the holder of those Supply Chain Rights exercises an option granted in its favour to renew such Supply Chain Rights or extend the term of such Supply Chain Rights).
(c) The End User must promptly provide Aurizon Network with any information that Aurizon Network reasonably requires in relation to the matters which the End User is required to demonstrate under clause 7.4(b).
Supply Chain Rights. 17.1 The Contractor shall (and shall ensure that each Sub-contractor shall):
17.1.1 satisfy itself, before entering into any Sub-contract (including in connection with the replacement of any Sub-contractor pursuant to Clauses 17.3 to 17.5 (inclusive)), that the proposed Sub-contractor is capable of satisfying the requirements imposed on it and/or the Contractor pursuant to this Agreement (including security and other requirements), including by conducting a security assessment of the proposed Sub-contractor;
17.1.2 procure its Sub-contracts in a manner that secures value for money in terms of the combination of quality and cost over the lifetime of the Sub- contract, employing transparent and objective procurement processes;
17.1.3 prior to entering into any Sub-contract, determine (acting reasonably) which of the obligations of the Contractor relating to security and integrity of systems and information under this Agreement will need to be imposed on the relevant Sub-contractor (together, the "Sub- contractor Security Obligations"), taking account of the nature and scope of the obligations to be performed by the relevant Sub-contractor in relation to this Agreement;
17.1.4 ensure that the Sub-contractor Security Obligations are clearly specified in the relevant Sub-contract and that such Sub-contractor is not an Unsuitable Sub-contractor (unless otherwise agreed by DCC);
17.1.5 provide the relevant Sub-contractor, for information purposes, with appropriate details of any Security Standards, Security Requirements and/or other obligations of the Contractor relating to security and integrity of systems and information under this Agreement which are not required to form part of the Sub-contractor Security Obligations, but which are nonetheless relevant to the obligations under this Agreement to be performed by the relevant Sub-contractor; and
17.1.6 put in place such arrangements with the relevant Sub-contractor as necessary to ensure the Contractor can comply with its obligations to provide such information and rights of access and assistance to the DCC (or any Regulatory Body) as are required under this Agreement.
17.1.7 be entitled to enter into a Sub-contract with any person, provided the Contractor has notified the DCC of the following information required to be provided to the DCC within five (5) Working Days of entering into a Sub-Contract;
17.1.7.1 Sub-contractor name, registered office and company registration number;
17.1.7.2 the purposes for which ...
Supply Chain Rights.
27.1 The Contractor shall (and shall ensure that each Sub-contractor shall):
27.1.1 satisfy itself, before entering into any Sub-contract (including in connection with the replacement of any Sub-contractor) that the proposed Sub-contractor is capable of satisfying the requirements imposed on it and/or the Contractor pursuant to this Agreement (including security and other requirements), including by conducting a security assessment of the proposed Sub-contractor;
Supply Chain Rights. 33.1 The Contractor shall (and to the extent applicable, shall ensure that each Sub-contractor shall):-
33.1.1 comply at all times with Schedule 4.3 (Sub-contractors);
33.1.2 satisfy itself, before entering into any Sub-contract (including in connection with the replacement of any Sub-contractor) and taking into account the nature of the services to be performed by the Sub-contractor,that the proposed Sub-contractor is capable of satisfying the requirements imposed on it and/or the Contractor pursuant to this Agreement (including security and other requirements), including, if deemed appropriate by the Contractor (acting reasonably and with due regard for the nature of the Services), by conducting a security assessment of the proposed Sub-contractor;
33.1.3 not Sub-contract to a person (including in connection with the replacement of any Sub-contractor) without the DCC's prior written consent, which shall not be unreasonably withheld or delayed. For the avoidance of doubt, this Clause 33.1.3 shall not apply to the appointment of Contractor Personnel or Commodity Supplier; and
33.1.4 not assign, novate or otherwise dispose of or create any trust in relation to any or all of its rights and obligations under this Agreement or any Sub-contract without the prior written consent of the DCC (such consent not to be unreasonably withheld or delayed).
33.2 The Contractor shall remain responsible for all acts and omissions of Contractor Persons, and the acts and omissions of those employed or engaged by the Contractor Persons, as if they were its own acts and omissions. Any obligation on the Contractor to do, or to refrain from doing, any act or thing under this Agreement or otherwise shall include an obligation upon the Contractor to procure (other than as agreed in Schedule 4.3) that all Contractor Persons also do, or refrain from doing, such act or thing. For the avoidance of doubt, where the Contractor is not required to procure a Contractor Person complies with the obligations set out in the Agreement, the Contractor shall notwithstanding remain responsible for all acts and omissions of such Contractor Person.
33.3 The DCC may, by written notice, require the Contractor to terminate any Key Sub-contract and/or remove the relevant Key Sub-contractor from the performance of the Services within ninety (90) days if the acts or omissions of the relevant Key Sub-contractor have given rise to any right for the DCC to terminate this Agreement.
33.4 If any Sub-contract sh...
Supply Chain Rights. The Contractor shall (and shall ensure that each Sub-contractor shall):
Supply Chain Rights. (a) The Access Holder must demonstrate to the satisfaction of Aurizon Network (acting reasonably) that the Access Holder holds, or has the benefit of, or is reasonably likely to hold, or have the benefit of, Supply Chain Rights for the commencement of the operation of the first Train Service for each Train Service Type.
(b) The Access Holder may not nominate an Operator under this Agreement in respect of a Train Service Type for which the Access Holder does not hold, or have the benefit of, Supply Chain Rights for those Train Services.
(c) The Access Holder must, for each Train Service Type, use all reasonable endeavours to continue to hold, or have the benefit of, those Supply Chain Rights until at least the Train Service Expiry Date for the Train Service Type, provided that if the term of any Supply Chain Rights expires or terminates prior to the Train Service Expiry Date for that Train Service Type, the Access Holder must use reasonable endeavours to secure equivalent Supply Chain Rights for the period until the Train Service Expiry Date for that Train Service Type.
(d) If, prior to the commencement of the operation of the Train Services for each Train Service Type, Aurizon Network:
Supply Chain Rights. (a) The End User and/or the relevant Operator must, for each Train Service Type:
(i) use reasonable endeavours to hold, or have the benefit of, Supply Chain Rights for all Train Services for that Train Service Type at all times on and from the Train Service Commitment Date for that Train Service Type until the Train Service Expiry Date for that Train Service Type;
(ii) ensure that an Operator does not operate, or cause to operate, Train Services for that Train Service Type at any time during which the End User or the relevant Operator does not hold, or have the benefit of, Supply Chain Rights for those Train Services; and
(iii) ensure that an Operator does not commence, or cause the commencement of, the operation of Train Services for a Train Service Type until the End User or the relevant Operator has demonstrated, to the reasonable satisfaction of Aurizon Network, the matters which the OperatorEnd User is required to demonstrate under clause 3.63.8(b).
(b) On or before the Train Service Commitment Date for a Train Service Type, the End User must demonstrate to the reasonable satisfaction of Aurizon Network that the End User holds, or has the benefit of, or is reasonably likely to hold, or have the benefit of, Supply Chain Rights for the operation of the Train Services for that Train Service Type on and from the Train Service Commitment Date for that Train Service Type until at least the Train Service Expiry Date for that Train Service Type.
Supply Chain Rights. (a) The Operator must, for each Train Service Type, not operate Train Services for that Train Service Type at any time during which the Operator does not hold, or have the benefit of, Supply Chain Rights for those Train Services.
(b) The Operator must demonstrate to the reasonable satisfaction of Aurizon Network, within 10 Business Days after being requested to do so at any time by Aurizon Network, that the Operator:
(i) holds, or has the benefit of, Supply Chain Rights for the operation of the Train Services for that Train Service Type; and
(ii) will continue to hold, or have the benefit of, those Supply Chain Rights until at least the Train Service Expiry Date for that Train Service Type.
(c) In determining whether the Operator will continue to hold, or have the benefit of, the relevant Supply Chain Rights for the purposes of clause 10.4(b)(ii), the Parties are to assume, if the Operator or the holder of those Supply Chain Rights has an option granted in its favour to renew such Supply Chain Rights or extend the term of such Supply Chain Rights, that such option to renew or extend is exercised.
(d) The Operator must promptly provide Aurizon Network with any information that Aurizon Network reasonably requires in relation to the matters which the Operator is required to demonstrate under clause 10.4(b).
Supply Chain Rights. (a) The Operator must, for each Train Service Type:
(i) hold, or have the benefit of, Supply Chain Rights for all Train Services for that Train Service Type at all times on and from the Train Service Commitment Date for that Train Service Type until the Train Service Expiry Date for that Train Service Type;
(ii) not operate Train Services for that Train Service Type at any time during which the Operator does not hold, or have the benefit of, Supply Chain Rights for those Train Services; and.
(iii) not commence the operation of Train Services for a Train Service Type until the Operator has demonstrated, to the reasonable satisfaction of Aurizon Network, the matters which the Operator is required to demonstrate under clause 10.4(b).
(b) The Operator must demonstrate to the reasonable satisfaction of Aurizon Network:
(i) on or before the Train Service Commitment Date for a Train Service Type; and
(ii) The Operator must demonstrate to the reasonable satisfaction of Aurizon Network, within 10 Business Days after being requested to do so at any time by Aurizon Network, that the Operator: that the Operator: (i) (iii) holds, or has the benefit of, Supply Chain Rights for the operation of the Train Services for that Train Service Type; and
