Train Operator Equipment Assistance Sample Clauses

Train Operator Equipment Assistance. (a) Subject to Section 9.6(b), if a Train Operator holds any Specified Equipment which, in the opinion of Metrolinx, can assist Metrolinx in a circumstance where the track is blocked by a Failed Train and (i) no work-around is possible or (ii) the requirement is urgent for safety reasons, on the Metrolinx Network, Metrolinx may request that the Train Operator assist with clearing the Failed Train using that Specified Equipment and related crew, in accordance with Section 9.8(a). Any such actions will be subject to the terms of the applicable Access Agreement.
Sample 1
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Train Operator Equipment Assistance. (a) Subject to Section 8.6(b)), if a Train Operator holds any Specified Equipment which, in the opinion of Metrolinx, can assist Metrolinx in a circumstance where the track is blocked by a Failed Train and (i) no work-around is possible or (ii) the requirement is urgent for safety reasons, on the Metrolinx Network, Metrolinx may request that the Train Operator assist with clearing the Failed Train using that Specified Equipment and related crew, in accordance with Section 9.8(a). Any such actions will be subject to the terms of the applicable Access Agreement. (b) Unless otherwise provided for in an Access Agreement, if a Train Operator uses its equipment and crew in accordance with Section 8.6(a), Metrolinx will reimburse the Train Operator’s direct costs incurred in providing the use of its equipment and other resources, with such costs reasonably incurred, with such costs to be determined by an independent accountant if not agreed. Such use of equipment is restricted to the applicable subdivisions / equipment types permitted in the relevant Access Agreement. A crew operating any such equipment must possess the necessary training, competencies, and qualifications to do so.
Sample 1

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