Common use of Train Control Clause in Contracts

Train Control. (a) Aurizon Network is responsible for the scheduling and control of all Train Movements entering and exiting the Private Infrastructure from or to the Network. (b) Aurizon Network may, in its absolute discretion, not schedule Trains to and from the Private Infrastructure if: (i) Aurizon Network is notified by the Private Infrastructure Owner under clause 15(a) that it is unsafe to do so or that there is an obstruction on the Network, Connecting Infrastructure or Private Infrastructure which would prevent such Trains from reaching their origin or destination; (ii) the Private Infrastructure Owner is in breach of any of its obligations under clause 9(d) and the breach continues unremedied for 20 Business Days after notice from Aurizon Network to remedy such breach; (iii) the Rail Infrastructure Manager for the Private Infrastructure has not entered into an Interface Agreement with Aurizon Network, or such agreement is terminated; or (iv) the Rail Infrastructure Manager for the Private Infrastructure ceases to be Accredited in respect of the Private Infrastructure, except where the loss of Accreditation is caused or contributed to by the wilful misconduct, wilful default or gross negligence of Aurizon Network or an Aurizon Party. (c) Subject to its rights under clause 14(b) and its obligations under the Network Management Principles (as defined in the Aurizon Network Access Undertaking), Aurizon Network must use reasonable endeavours to schedule Train Movements to and from the Private Infrastructure to ensure Train Services utilising the Connecting Infrastructure enter and exit the Network and Connecting Infrastructure in a manner that enables such a Train Service to utilise any corresponding access rights held in respect of the Network. (d) The Private Infrastructure Owner must, or must procure that any contracted Rail Infrastructure Manager for the Private Infrastructure that is not Aurizon Network must, co-operate with Aurizon Network to seek to achieve the scheduling outcomes described in clause 14(c) and comply with directions of Aurizon Network's train controllers regarding entry to and exit from the Connecting Infrastructure.

Train Control. (a) Aurizon Network is responsible for the scheduling and control of all Train Movements entering and exiting the Private Infrastructure from or to the Network. (b) Aurizon Network may, in its absolute discretion, not schedule Trains to and from the Private Infrastructure if:if:‌ (i) Aurizon Network is notified by the Private Infrastructure Owner under clause 15(a) that it is unsafe to do so or that there is an obstruction on the Network, Connecting Infrastructure or Private Infrastructure which would prevent such Trains from reaching their origin or destination; (ii) the Private Infrastructure Owner is in breach of any of its obligations under clause 9(d) and the breach continues unremedied for 20 Business Days after notice from Aurizon Network to remedy such breach; (iii) the Rail Infrastructure Manager for the Private Infrastructure has not entered into an Interface Agreement with Aurizon Network, or such agreement is terminated; or (iv) the Rail Infrastructure Manager for the Private Infrastructure ceases to be Accredited in respect of the Private Infrastructure, except where the loss of Accreditation is caused or contributed to by the wilful misconduct, wilful default or gross negligence of Aurizon Network or an Aurizon Party. (c) Subject to its rights under clause 14(b) and its obligations under the Network Management Principles (as defined in the Aurizon Network Access Undertaking), Aurizon Network must use reasonable endeavours to schedule Train Movements to and from the Private Infrastructure to ensure Train Services utilising the Connecting Infrastructure enter and exit the Network and Connecting Infrastructure in a manner that enables such a Train Service to utilise any corresponding access rights held in respect of the Network.Network.‌ (d) The Private Infrastructure Owner must, or must procure that any contracted Rail Infrastructure Manager for the Private Infrastructure that is not Aurizon Network must, co-operate with Aurizon Network to seek to achieve the scheduling outcomes described in clause 14(c) and comply with directions of Aurizon Network's train controllers regarding entry to and exit from the Connecting Infrastructure.