Common use of Train Services Clause in Contracts

Train Services. (a) Without limiting any other provision of this Agreement, the Operator must not commence any Train Services (including any new or varied Train Services) unless and until the Operator has done each of the following in respect to those Train Services(or, as applicable, those new or varied Train Services): (i) provided to Aurizon Network a certificate of compliance for all of the Operator’s Rollingstock and Rollingstock Configurations in accordance with Clause 6.9 and Aurizon Network has authorised such Rollingstock and Rollingstock Configurations; (ii) demonstrated to Aurizon Network that the Operator has entered into agreements in respect of the Private Facilities as required by Clause 6.11 (if applicable); (iii) provided to Aurizon Network a copy of the Operator’s Emergency Response Plan which must be compatible with the Aurizon Network Emergency Procedures; (iv) provided to Aurizon Network an acceptable Environmental Investigation and Risk Management Report in accordance with Clause 9.1; (v) implemented those elements of the Environmental Investigation and Risk Management Report, if applicable, which are to be implemented prior to the commencement of Train Services; (vi) complied with the community liaison requirements referred to in Clause 9.6(a); (vii) provided to Aurizon Network evidence of its Accreditation as required by Clause 10(a); (viii) conducted an Interface Risk Assessment in accordance with Clause 12(a); (ix) devised in collaboration with Aurizon Network an Interface Risk Management Plan and implemented the elements of such plan required to be implemented prior to the commencement of Train Services; (x) developed the Operator’s Safety Management System and incorporated into that system the elements and process referred to in Clause 12(a)(iii); and (xi) taken out the insurances required under Clause 14 and provided to Aurizon Network evidence of that insurance as required by Clause 14.3, provided that, in addition to the above matters, the conditions in Clauses 6.9(d)(viii), 9.1(k), 9.7(g), 12(a)(ii) and 12(h) have been satisfied, to the extent those provisions apply in relation to or in connection with the relevant Train Service. (b) Aurizon Network will use all reasonable endeavours to cooperate with the Operator to facilitate the Operator’s completion or compliance with Clause 4.1(a). (c) If the Operator has not done each of the acts, matters or things specified in Clause 4.1(a) for its initial Train Services by: (i) the date specified in Item 3 of the Reference Schedule and Aurizon Network has no reasonable expectation that the Operator can commence the operation of Train Services by the Commitment Date; or (ii) the Commitment Date, then Aurizon Network may, provided that Aurizon Network has complied with Clause 4.1(b), notify the Operator and End User in writing of its intention to terminate this Agreement and if the Operator has not complied with all the requirements of Clause 4.1(a) by a date which is thirty (30) days after the date of the notice, Aurizon Network may terminate this Agreement by further written notice to the Operator and the End User. (d) The Operator must operate Train Services only in accordance with the Train Service Description and this Agreement. Unless acting under a Aurizon Network Train Control Direction, the Operator must not operate Train Services which do not comply with the Train Service Description without the prior written approval of Aurizon Network, which approval may specify terms in addition to or varying the terms of this Agreement in respect of those Train Services, including the Access Charges applicable [under the End User Access Agreement]. The Operator [or Access Holder (as applicable)] must comply with such terms in operating the Train Services. (e) Prior to operating a Train Service, the Operator must notify Aurizon Network of the End User for whom the Operator will operate that Train Service.

Train Services. (a) Without limiting any other provision of this Agreement, the Operator Access Holder must not commence (or allow the Operator to commence) any Train Services (including any new or varied Train Services) unless and until the Operator Access Holder has done each of the following in respect to those Train Services(or, as applicable, those new or varied Train Services):: (i) if applicable, delivered to QR Network the Security in accordance with Clause 2.4; (ii) provided to Aurizon QR Network a certificate of compliance for all of the Access Holder’s and/or Operator’s Rollingstock and Rollingstock Configurations in accordance with Clause 6.9 5.9 and Aurizon QR Network has authorised such Rollingstock and Rollingstock Configurations; (iiiii) demonstrated to Aurizon QR Network that the Operator Access Holder has entered into agreements in respect of the Private Facilities as required by Clause 6.11 5.11 (if applicable); (iiiiv) provided to Aurizon QR Network a copy of the Operator’s Emergency Response Plan which must be compatible with the Aurizon QR Network Emergency Procedures; (ivv) provided to Aurizon QR Network an acceptable Environmental Investigation and Risk Management Report in accordance with Clause 9.18.1; (vvi) implemented implemented, or caused the Operator to implement, those elements of the Environmental Investigation and Risk Management Report, if applicable, which are to be implemented prior to the commencement of Train Services; (vivii) complied with the community liaison requirements referred to in Clause 9.6(a8.6(a); (viiviii) provided to Aurizon QR Network evidence of its the Operator’s Accreditation as required by Clause 10(a9.1(a); (viiiix) conducted an Interface Risk Assessment in accordance with Clause 12(a11(a); (ixx) devised in collaboration with Aurizon QR Network and the Operator an Interface Risk Management Plan and implemented implemented, or caused the Operator to implement, the elements of such plan required to be implemented prior to the commencement of Train Services; (xxi) developed caused the Operator to develop the Operator’s Safety Management System and incorporated incorporate into that system the elements and process referred to in Clause 12(a)(iii11(a)(iii); and (xixii) taken out and/or caused the Operator to have taken out (as appropriate) the insurances required under Clause 14 13 and provided to Aurizon QR Network evidence of that insurance as required by Clause 14.3, provided that, in addition to the above matters, the conditions in Clauses 6.9(d)(viii), 9.1(k), 9.7(g), 12(a)(ii) and 12(h) have been satisfied, to the extent those provisions apply in relation to or in connection with the relevant Train Service13.3. (b) Aurizon QR Network will use all reasonable endeavours to cooperate with the Access Holder and/or Operator (as applicable) to facilitate the OperatorAccess Holder’s completion or compliance with Clause 4.1(a3.1(a). (c) If the Operator Access Holder has not done (or caused to be done) each of the acts, matters or things specified in Clause 4.1(a3.1(a) for its initial Train Services by: (i) the date specified in Item 3 6 of the Reference Schedule and Aurizon QR Network has no reasonable expectation that the Operator Access Holder can commence the operation of Train Services by the Commitment Date; or (ii) by the Commitment Date, Date then Aurizon QR Network may, provided that Aurizon QR Network has complied with Clause 4.1(b3.1(b), notify the Operator and End User Access Holder in writing of its intention to terminate this Agreement Agreement, and if the Operator Access Holder has not complied with all the requirements of Clause 4.1(a3.1(a) by a date which is thirty (30) days after the date of the notice, Aurizon QR Network may terminate this Agreement by further written notice to the Operator and the End UserAgreement. (d) The Access Holder must cause the Operator must to operate Train Services only in accordance with the Train Service Description and this Agreement. Unless acting under a Aurizon QR Network Train Control Direction, the Access Holder must ensure that the Operator must does not operate Train Services which do not comply with the Train Service Description without the prior written approval of Aurizon QR Network, which approval may specify terms in addition to or varying the terms of this Agreement in respect of those Train Services, including the Access Charges applicable [under the End User Access Agreement]applicable. The Operator [or Access Holder (as applicable)] must comply ensure that the Operator complies with such terms in operating the Train Services. (e) Prior to operating a Train ServiceFor the avoidance of doubt, the Operator must notify Aurizon Network of Access Holder acknowledges and agrees that it is only entitled to exercise its Access Rights under this Agreement through the End User for whom Operator, and that it is the Operator Operator, and not the Access Holder, that will operate that the Access Holder’s Train ServiceServices under this Agreement.

Train Services. (a) Without limiting any other provision of this Agreement, the Operator Access Holder must not commence (or allow the Operator to commence) any Train Services (including any new or varied Train Services) unless and until the Operator Access Holder has done each of the following in respect to those Train Services(or, as applicable, those new or varied Train Services):: (i) if applicable, delivered to QR the Security Deposit in accordance with Clause 2.4; (ii) provided to Aurizon Network QR a certificate of compliance for all of the Access Holder’s and/or Operator’s Rollingstock and Rollingstock Configurations in accordance with Clause 6.9 5.9 and Aurizon Network QR has authorised such Rollingstock and Rollingstock Configurations; (iiiii) demonstrated to Aurizon Network QR that the Operator Access Holder has entered into agreements in respect of the Private Facilities as required by Clause 6.11 5.11 (if applicable); (iiiiv) provided to Aurizon Network QR a copy of the Operator’s Emergency Response Plan which must be compatible with the Aurizon Network QR Emergency Procedures; (ivv) provided to Aurizon Network QR an acceptable Environmental Investigation and Risk Management Report in accordance with Clause 9.18.1; (vvi) implemented implemented, or caused the Operator to implement, those elements of the Environmental Investigation and Risk Management Report, if applicable, which are to be implemented prior to the commencement of Train Services; (vivii) complied with the community liaison requirements referred to in Clause 9.6(a8.6(a); (viiviii) provided to Aurizon Network QR evidence of its the Operator’s Accreditation as required by Clause 10(a9.1(a); (viiiix) conducted an Interface Risk Assessment in accordance with Clause 12(a11(a); (ixx) devised in collaboration with Aurizon Network QR and the Operator an Interface Risk Management Plan and implemented implemented, or caused the Operator to implement, the elements of such plan required to be implemented prior to the commencement of Train Services; (xxi) developed caused the Operator to develop the Operator’s Safety Management System and incorporated incorporate into that system the elements and process referred to in Clause 12(a)(iii11(a)(iii); and (xixii) taken out and/or caused the Operator to have taken out (as appropriate) the insurances required under Clause 14 13 and provided to Aurizon Network QR evidence of that insurance as required by Clause 14.3, provided that, in addition to the above matters, the conditions in Clauses 6.9(d)(viii), 9.1(k), 9.7(g), 12(a)(ii) and 12(h) have been satisfied, to the extent those provisions apply in relation to or in connection with the relevant Train Service13.3. (b) Aurizon Network QR will use all reasonable endeavours to cooperate with the Access Holder and/or Operator (as applicable) to facilitate the OperatorAccess Holder’s completion or compliance with Clause 4.1(a3.1(a). (c) If the Operator Access Holder has not done (or caused to be done) each of the acts, matters or things specified in Clause 4.1(a3.1(a) for its initial Train Services by: (i) the date specified in Item 3 6 of the Reference Schedule and Aurizon Network QR has no reasonable expectation that the Operator Access Holder can commence the operation of Train Services by the Commitment Date; or (ii) by the Commitment Date, Date then Aurizon Network QR may, provided that Aurizon Network QR has complied with Clause 4.1(b3.1(b), notify the Operator and End User Access Holder in writing of its intention to terminate this Agreement Agreement, and if the Operator Access Holder has not complied with all the requirements of Clause 4.1(a3.1(a) by a date which is thirty (30) days after the date of the notice, Aurizon Network may terminate this Agreement by further written notice to the Operator and the End User. (d) The Operator must operate Train Services only in accordance with the Train Service Description and this Agreement. Unless acting under a Aurizon Network Train Control Direction, the Operator must not operate Train Services which do not comply with the Train Service Description without the prior written approval of Aurizon Network, which approval may specify terms in addition to or varying the terms of this Agreement in respect of those Train Services, including the Access Charges applicable [under the End User Access Agreement]. The Operator [or Access Holder (as applicable)] must comply with such terms in operating the Train Services. (e) Prior to operating a Train Service, the Operator must notify Aurizon Network of the End User for whom the Operator will operate that Train Service.thirty

Train Services. (a) Without limiting any other provision of this Agreement, the Operator must not commence any Train Services (including any new or varied Train Services) unless and until the Operator has done each of the following in respect to those Train Services(or, as applicable, those new or varied Train Services):: (i) if applicable, delivered to QR Network the Security Deposit in accordance with Clause 2.4; (ii) provided to Aurizon QR Network a certificate of compliance for all of the Operator’s Rollingstock and Rollingstock Configurations in accordance with Clause 6.9 5.9 and Aurizon QR Network has authorised such Rollingstock and Rollingstock Configurations; (iiiii) demonstrated to Aurizon QR Network that the Operator has entered into agreements in respect of the Private Facilities as required by Clause 6.11 5.11 (if applicable); (iiiiv) provided to Aurizon QR Network a copy of the Operator’s Emergency Response Plan which must be compatible with the Aurizon QR Network Emergency Procedures; (ivv) provided to Aurizon QR Network an acceptable Environmental Investigation and Risk Management Report in accordance with Clause 9.18.1; (vvi) implemented those elements of the Environmental Investigation and Risk Management Report, if applicable, which are to be implemented prior to the commencement of Train Services; (vivii) complied with the community liaison requirements referred to in Clause 9.6(a8.6(a); (viiviii) provided to Aurizon QR Network evidence of its the Operator’s Accreditation as required by Clause 10(a9.1(a); (viiiix) conducted an Interface Risk Assessment in accordance with Clause 12(a11(a); (ixx) devised in collaboration with Aurizon QR Network an Interface Risk Management Plan and implemented the elements of such plan required to be implemented prior to the commencement of Train Services; (xxi) developed the Operator’s Safety Management System and incorporated into that system the elements and process referred to in Clause 12(a)(iii11(a)(iii); and (xixii) taken out the insurances required under Clause 14 13 and provided to Aurizon QR Network evidence of that insurance as required by Clause 14.3, provided that, in addition to the above matters, the conditions in Clauses 6.9(d)(viii), 9.1(k), 9.7(g), 12(a)(ii) and 12(h) have been satisfied, to the extent those provisions apply in relation to or in connection with the relevant Train Service13.3. (b) Aurizon QR Network will use all reasonable endeavours to cooperate with the Operator to facilitate the Operator’s completion or compliance with Clause 4.1(a3.1(a). (c) If the Operator has not done each of the acts, matters or things specified in Clause 4.1(a3.1(a) for its initial Train Services by: (i) the date specified in Item 3 6 of the Reference Schedule and Aurizon QR Network has no reasonable expectation that the Operator can commence the operation of Train Services by the Commitment Date; or (ii) by the Commitment Date, Date then Aurizon QR Network may, provided that Aurizon QR Network has complied with Clause 4.1(b3.1(b), notify the Operator and End User in writing of its intention to terminate this Agreement and if the Operator has not complied with all the requirements of Clause 4.1(a3.1(a) by a date which is thirty (30) days after the date of the notice, Aurizon QR Network may terminate this Agreement by further written notice to the Operator and the End UserAgreement. (d) The Operator must operate Train Services only in accordance with the Train Service Description and this Agreement. Unless acting under a Aurizon QR Network Train Control Direction, the Operator must not operate Train Services which do not comply with the Train Service Description without the prior written approval of Aurizon QR Network, which approval may specify terms in addition to or varying the terms of this Agreement in respect of those Train Services, including the Access Charges applicable [under the End User Access Agreement]applicable. The Operator [or Access Holder (as applicable)] must comply with such terms in operating the Train Services. (e) Prior to operating a Train Service, the Operator must notify Aurizon Network of the End User for whom the Operator will operate that Train Service.

Train Services. (a) Without limiting any other provision of this Agreement, the Operator must not commence any Train Services (including any new or varied Train Services) unless and until the Operator has done each of the following in respect to those Train Services(or, as applicable, those new or varied Train Services): (i) provided to Aurizon QR Network a certificate of compliance for all of the Operator’s Rollingstock and Rollingstock Configurations in accordance with Clause 6.9 and Aurizon QR Network has authorised such Rollingstock and Rollingstock Configurations; (ii) demonstrated to Aurizon QR Network that the Operator has entered into agreements in respect of the Private Facilities as required by Clause 6.11 (if applicable); (iii) provided to Aurizon QR Network a copy of the Operator’s Emergency Response Plan which must be compatible with the Aurizon QR Network Emergency Procedures; (iv) provided to Aurizon QR Network an acceptable Environmental Investigation and Risk Management Report in accordance with Clause 9.1; (v) implemented those elements of the Environmental Investigation and Risk Management Report, if applicable, which are to be implemented prior to the commencement of Train Services; (vi) complied with the community liaison requirements referred to in Clause 9.6(a); (vii) provided to Aurizon QR Network evidence of its Accreditation as required by Clause 10(a); (viii) conducted an Interface Risk Assessment in accordance with Clause 12(a); (ix) devised in collaboration with Aurizon QR Network an Interface Risk Management Plan and implemented the elements of such plan required to be implemented prior to the commencement of Train Services; (x) developed the Operator’s Safety Management System and incorporated into that system the elements and process referred to in Clause 12(a)(iii); and (xi) taken out the insurances required under Clause 14 and provided to Aurizon QR Network evidence of that insurance as required by Clause 14.3, provided that, in addition to the above matters, the conditions in Clauses 6.9(d)(viii), 9.1(k), 9.7(g), 12(a)(ii) and 12(h) have been satisfied, to the extent those provisions apply in relation to or in connection with the relevant Train Service. (b) Aurizon QR Network will use all reasonable endeavours to cooperate with the Operator to facilitate the Operator’s completion or compliance with Clause 4.1(a). (c) If the Operator has not done each of the acts, matters or things specified in Clause 4.1(a) for its initial Train Services by: (i) the date specified in Item 3 of the Reference Schedule and Aurizon QR Network has no reasonable expectation that the Operator can commence the operation of Train Services by the Commitment Date; or (ii) the Commitment Date, then Aurizon QR Network may, provided that Aurizon QR Network has complied with Clause 4.1(b), notify the Operator and End User in writing of its intention to terminate this Agreement and if the Operator has not complied with all the requirements of Clause 4.1(a) by a date which is thirty (30) days after the date of the notice, Aurizon QR Network may terminate this Agreement by further written notice to the Operator and the End UserAgreement. (d) The Operator must operate Train Services only in accordance with the Train Service Description and this Agreement. Unless acting under a Aurizon QR Network Train Control Direction, the Operator must not operate Train Services which do not comply with the Train Service Description without the prior written approval of Aurizon QR Network, which approval may specify terms in addition to or varying the terms of this Agreement in respect of those Train Services, including the Access Charges applicable [under the End User Access Agreement]. The Operator [or Access Holder (as applicable)] must comply with such terms in operating the Train Services. (e) Prior to operating a Train Service, the Operator must notify Aurizon QR Network of the End User for whom the Operator will operate that Train Service.

Train Services. ‌ (a) Without limiting any other provision of this Agreement, the Operator must not commence any Train Services (including any new or varied Train Services) unless and until the Operator has done each of the following in respect to those Train Services(or, as applicable, those new or varied Train Services):: (i) if applicable, delivered to QR Network the Security Deposit in accordance with Clause 2.4; (ii) provided to Aurizon QR Network a certificate of compliance for all of the Operator’s Rollingstock and Rollingstock Configurations in accordance with Clause 6.9 5.9 and Aurizon QR Network has authorised such Rollingstock and Rollingstock Configurations; (iiiii) demonstrated to Aurizon QR Network that the Operator has entered into agreements in respect of the Private Facilities as required by Clause 6.11 5.11 (if applicable); (iiiiv) provided to Aurizon QR Network a copy of the Operator’s Emergency Response Plan which must be compatible with the Aurizon QR Network Emergency Procedures; (ivv) provided to Aurizon QR Network an acceptable Environmental Investigation and Risk Management Report in accordance with Clause 9.18.1; (vvi) implemented those elements of the Environmental Investigation and Risk Management Report, if applicable, which are to be implemented prior to the commencement of Train Services; (vivii) complied with the community liaison requirements referred to in Clause 9.6(a8.6(a); (viiviii) provided to Aurizon QR Network evidence of its the Operator’s Accreditation as required by Clause 10(a9.1(a); (viiiix) conducted an Interface Risk Assessment in accordance with Clause 12(a11(a); (ixx) devised in collaboration with Aurizon QR Network an Interface Risk Management Plan and implemented the elements of such plan required to be implemented prior to the commencement of Train Services; (xxi) developed the Operator’s Safety Management System and incorporated into that system the elements and process referred to in Clause 12(a)(iii11(a)(iii); and (xixii) taken out the insurances required under Clause 14 13 and provided to Aurizon QR Network evidence of that insurance as required by Clause 14.3, provided that, in addition to the above matters, the conditions in Clauses 6.9(d)(viii), 9.1(k), 9.7(g), 12(a)(ii) and 12(h) have been satisfied, to the extent those provisions apply in relation to or in connection with the relevant Train Service13.3. (b) Aurizon QR Network will use all reasonable endeavours to cooperate with the Operator to facilitate the Operator’s completion or compliance with Clause 4.1(a3.1(a). (c) If the Operator has not done each of the acts, matters or things specified in Clause 4.1(a3.1(a) for its initial Train Services by: (i) the date specified in Item 3 6 of the Reference Schedule and Aurizon QR Network has no reasonable expectation that the Operator can commence the operation of Train Services by the Commitment Date; or (ii) by the Commitment Date, Date then Aurizon QR Network may, provided that Aurizon QR Network has complied with Clause 4.1(b3.1(b), notify the Operator and End User in writing of its intention to terminate this Agreement and if the Operator has not complied with all the requirements of Clause 4.1(a3.1(a) by a date which is thirty (30) days after the date of the notice, Aurizon QR Network may terminate this Agreement by further written notice to the Operator and the End UserAgreement. (d) The Operator must operate Train Services only in accordance with the Train Service Description and this Agreement. Unless acting under a Aurizon QR Network Train Control Direction, the Operator must not operate Train Services which do not comply with the Train Service Description without the prior written approval of Aurizon QR Network, which approval may specify terms in addition to or varying the terms of this Agreement in respect of those Train Services, including the Access Charges applicable [under the End User Access Agreement]applicable. The Operator [or Access Holder (as applicable)] must comply with such terms in operating the Train Services. (e) Prior to operating a Train Service, the Operator must notify Aurizon Network of the End User for whom the Operator will operate that Train Service.

Train Services. (a) Without limiting any other provision of this Agreement, the Operator must not commence any Train Services (including any new or varied Train Services) unless and until the Operator has done each of the following in respect to those Train Services(orServices: (or, as applicable, those new or varied Train Services): (i) provided to Aurizon QR Network a certificate of compliance for all of the Operator’s Operator‟s Rollingstock and Rollingstock Configurations in accordance with Clause 6.9 and Aurizon QR Network has authorised such Rollingstock and Rollingstock Configurations; (ii) demonstrated to Aurizon QR Network that the Operator has entered into agreements in respect of the Private Facilities as required by Clause 6.11 (if applicable); (iii) provided to Aurizon QR Network a copy of the Operator’s Operator‟s Emergency Response Plan which must be compatible with the Aurizon QR Network Emergency Procedures; (iv) provided to Aurizon QR Network an acceptable Environmental Investigation and Risk Management Report in accordance with Clause 9.1; (v) implemented those elements of the Environmental Investigation and Risk Management Report, if applicable, which are to be implemented prior to the commencement of Train Services; (vi) complied with the community liaison requirements referred to in Clause 9.6(a); (vii) provided to Aurizon QR Network evidence of its Accreditation as required by Clause 10(a); (viii) conducted an Interface Risk Assessment in accordance with Clause 12(a); (ix) devised in collaboration with Aurizon QR Network an Interface Risk Management Plan and implemented the elements of such plan required to be implemented prior to the commencement of Train Services; (x) developed the Operator’s Operator‟s Safety Management System and incorporated into that system the elements and process referred to in Clause 12(a)(iii); and (xi) taken out the insurances required under Clause 14 and provided to Aurizon QR Network evidence of that insurance as required by Clause 14.3, . provided that, in addition to the above matters, the conditions in Clauses 6.9(d)(viii), 9.1(k), 9.7(g), 12(a)(ii) and 12(h) have been satisfied, to the extent those provisions apply in relation to or in connection with the relevant Train Service. (b) Aurizon QR Network will use all reasonable endeavours to cooperate with the Operator to facilitate the Operator’s Operator‟s completion or compliance with Clause 4.1(a). (c) If the Operator has not done each of the acts, matters or things specified in Clause 4.1(a) for its initial Train Services by: (i) the date specified in Item 3 of the Reference Schedule and Aurizon QR Network has no reasonable expectation that the Operator can commence the operation of Train Services by the Commitment Date; or (ii) by the Commitment Date, then Aurizon QR Network may, provided that Aurizon QR Network has complied with Clause 4.1(b), notify the Operator and End User in writing of its intention to terminate this Agreement and if the Operator has not complied with all the requirements of Clause 4.1(a) by a date which is thirty (30) days after the date of the notice, Aurizon QR Network may terminate this Agreement by further written notice Agreement. [Note: QR Network must be required to the Operator and give the End UserUser notice of this intention to terminate.] (d) The Operator must operate Train Services only in accordance with the Train Service Description and this Agreement. Unless acting under a Aurizon QR Network Train Control Direction, the Operator must not operate Train Services which do not comply with the Train Service Description without the prior written approval of Aurizon QR Network, which approval may specify terms in addition to or varying the terms of this Agreement in respect of those Train Services, including the Access Charges applicable [under the End User Access Agreement]applicable. The Operator [or Access Holder (as applicable)] must comply with such terms in operating the Train Services. (e) Prior to operating a Train Service, the Operator must notify Aurizon QR Network of the End User for whom the Operator will operate that Train Service.

Train Services. (a) Without limiting any other provision of this Agreement, the Operator must not commence any Train Services (including any new or varied Train Services) unless and until the Operator has done each of the following in respect to those Train Services(or, as applicable, those new or varied Train Services):: (i) if applicable, delivered to Queensland Rail the Security in accordance with Clause 2.4; (ii) provided to Aurizon Network Queensland Rail a certificate of compliance for all of the Operator’s Rollingstock and Rollingstock Configurations in accordance with Clause 6.9 and Aurizon Network has authorised such Rollingstock and Rollingstock Configurations;the (iiiii) demonstrated to Aurizon Network Queensland Rail that the Operator has entered into agreements in respect of the Private Facilities as required by Clause 6.11 5.11 (if applicable); (iiiiv) provided to Aurizon Network Queensland Rail a copy of the Operator’s Emergency Response Plan which must be compatible with the Aurizon Network Queensland Rail Emergency Procedures; (ivv) provided to Aurizon Network Queensland Rail an acceptable Environmental Investigation and Risk Management Report in accordance with Clause 9.18.1; (vvi) implemented those elements of the Environmental Investigation and Risk Management Report, if applicable, which are to be implemented prior to the commencement of Train Services; (vivii) complied with the community liaison requirements referred to in Clause 9.6(a8.6(a); (viiviii) provided to Aurizon Network Queensland Rail evidence of its Accreditation as required by Clause 10(a9.1(a); (viiiix) conducted an Interface Risk Assessment in accordance with Clause 12(a11(a); (ixx) devised in collaboration with Aurizon Network Queensland Rail an Interface Risk Management Plan and implemented the elements of such plan required to be implemented prior to the commencement of Train Services; (xxi) developed the Operator’s Safety Management System and incorporated into that system the elements and process referred to in Clause 12(a)(iii11(a)(iii); and (xixii) taken out the insurances required under Clause 14 13 and provided to Aurizon Network Queensland Rail evidence of that insurance as required by Clause 14.3, provided that, in addition to the above matters, the conditions in Clauses 6.9(d)(viii), 9.1(k), 9.7(g), 12(a)(ii) and 12(h) have been satisfied, to the extent those provisions apply in relation to or in connection with the relevant Train Service13.3. (b) Aurizon Network Queensland Rail will use all reasonable endeavours to cooperate with the Operator to facilitate the Operator’s completion or compliance with Clause 4.1(athe 3.1 (a). (c) If the Operator has not done each of the acts, matters or things specified in Clause 4.1(a3.1(a) for its initial Train Services by: (i) the date specified in Item 3 6 of the Reference Schedule and Aurizon Network Queensland Rail has no reasonable expectation that the Operator can commence the operation of Train Services by the Commitment Date; or (ii) by the Commitment Date, then Aurizon Network may, provided that Aurizon Network has complied with Clause 4.1(b), notify the Operator and End User in writing of its intention to terminate this Agreement and if the Operator has not complied with all the requirements of Clause 4.1(a) by a date which is thirty (30) days after the date of the notice, Aurizon Network may terminate this Agreement by further written notice to the Operator and the End User., (d) The Operator must operate Train Services only in accordance with the Train Service Description and this Agreement. Unless acting under a Aurizon Network Queensland Rail Train Control Direction, the Operator must not operate Train Services which do not comply with the Train Service Description without the prior written approval of Aurizon NetworkQueensland Rail, which approval may specify terms in addition to or varying the terms of this Agreement in respect of those Train Services, including the Access Charges applicable [under the End User Access Agreement]applicable. The Operator [or Access Holder (as applicable)] must comply with such terms in operating the Train Services. (e) Prior to operating a Train Service, the Operator must notify Aurizon Network of the End User for whom the Operator will operate that Train Service.

Train Services. (a) Without limiting any other provision of this Agreement, the Operator Access Holder must not commence (or allow the Operator to commence) any Train Services (including any new or varied Train Services) unless and until the Operator Access Holder has done each of the following in respect to those Train Services(or, as applicable, those new or varied Train Services):: (i) if applicable, delivered to QR the Security Deposit in accordance with Clause 2.4; (ii) provided to Aurizon Network QR a certificate of compliance for all of the Access Holder’s and/or Operator’s Rollingstock and Rollingstock Configurations in accordance with Clause 6.9 5.9 and Aurizon Network QR has authorised such Rollingstock and Rollingstock Configurations; (iiiii) demonstrated to Aurizon Network QR that the Operator Access Holder has entered into agreements in respect of the Private Facilities as required by Clause 6.11 5.11 (if applicable); (iiiiv) provided to Aurizon Network QR a copy of the Operator’s Emergency Response Plan which must be compatible with the Aurizon Network QR Emergency Procedures; (ivv) provided to Aurizon Network QR an acceptable Environmental Investigation and Risk Management Report in accordance with Clause 9.18.1; (vvi) implemented implemented, or caused the Operator to implement, those elements of the Environmental Investigation and Risk Management Report, if applicable, which are to be implemented prior to the commencement of Train Services; (vivii) complied with the community liaison requirements referred to in Clause 9.6(a8.6(a); (viiviii) provided to Aurizon Network QR evidence of its the Operator’s Accreditation as required by Clause 10(a9.1(a); (viiiix) conducted an Interface Risk Assessment in accordance with Clause 12(a11(a); (ixx) devised in collaboration with Aurizon Network QR and the Operator an Interface Risk Management Plan and implemented implemented, or caused the Operator to implement, the elements of such plan required to be implemented mi plemented prior to the commencement of Train Services; (xxi) developed caused the Operator to develop the Operator’s Safety Management System and incorporated incorporate into that system the elements and process referred to in Clause 12(a)(iii11(a)(iii); and (xixii) taken out and/or caused the Operator to have taken out (as appropriate) the insurances required under Clause 14 13 and provided to Aurizon Network QR evidence of that insurance as required by Clause 14.3, provided that, in addition to the above matters, the conditions in Clauses 6.9(d)(viii), 9.1(k), 9.7(g), 12(a)(ii) and 12(h) have been satisfied, to the extent those provisions apply in relation to or in connection with the relevant Train Service13.3. (b) Aurizon Network QR will use all reasonable endeavours to cooperate with the Access Holder and/or Operator (as applicable) to facilitate the OperatorAccess Holder’s completion or compliance with Clause 4.1(a3.1(a). (c) If the Operator Access Holder has not done (or caused to be done) each of the acts, matters or things specified in Clause 4.1(a3.1(a) for its initial Train Services by: (i) the date specified in Item 3 6 of the Reference Schedule and Aurizon Network QR has no reasonable expectation that the Operator Access Holder can commence the operation of Train Services by the Commitment Date; or (ii) by the Commitment Date, Date then Aurizon Network QR may, provided that Aurizon Network QR has complied with Clause 4.1(b3.1(b), notify the Operator and End User Access Holder in writing of its intention to terminate this Agreement Agreement, and if the Operator Access Holder has not complied with all the requirements of Clause 4.1(a3.1(a) by a date which is thirty (30) days after the date of the notice, Aurizon Network may terminate this Agreement by further written notice to the Operator and the End User. (d) The Operator must operate Train Services only in accordance with the Train Service Description and this Agreement. Unless acting under a Aurizon Network Train Control Direction, the Operator must not operate Train Services which do not comply with the Train Service Description without the prior written approval of Aurizon Network, which approval may specify terms in addition to or varying the terms of this Agreement in respect of those Train Services, including the Access Charges applicable [under the End User Access Agreement]. The Operator [or Access Holder (as applicable)] must comply with such terms in operating the Train Services. (e) Prior to operating a Train Service, the Operator must notify Aurizon Network of the End User for whom the Operator will operate that Train Service.thirty

Train Services. (a) Without limiting any other provision of this Agreement, the Operator must not commence any Train Services (including any new or varied Train Services) unless and until the Operator has done each of the following in respect to those Train Services(or, as applicable, those new or varied Train Services):: (i) if applicable, delivered to QR the Security Deposit in accordance with Clause 2.4; (ii) provided to Aurizon Network QR a certificate of compliance for all of the Operator’s Rollingstock and Rollingstock Configurations in accordance with Clause 6.9 5.9 and Aurizon Network QR has authorised such Rollingstock and Rollingstock Configurations; (iiiii) demonstrated to Aurizon Network QR that the Operator has entered into agreements in respect of the Private Facilities as required by Clause 6.11 5.11 (if applicable); (iiiiv) provided to Aurizon Network QR a copy of the Operator’s Emergency Response Plan which must be compatible with the Aurizon Network QR Emergency Procedures; (ivv) provided to Aurizon Network QR an acceptable Environmental Investigation and Risk Management Report in accordance with Clause 9.18.1; (vvi) implemented those elements of the Environmental Investigation and Risk Management Report, if applicable, which are to be implemented prior to the commencement of Train Services; (vivii) complied with the community liaison requirements referred to in Clause 9.6(a8.6(a); (viiviii) provided to Aurizon Network QR evidence of its Accreditation as required by Clause 10(a9.1(a); (viiiix) conducted an Interface Risk Assessment in accordance with Clause 12(a11(a); (ixx) devised in collaboration with Aurizon Network QR an Interface Risk Management Plan and implemented the elements of such plan required to be implemented prior to the commencement of Train Services; (xxi) developed the Operator’s Safety Management System and incorporated into that system the elements and process referred to in Clause 12(a)(iii11(a)(iii); and (xixii) taken out the insurances required under Clause 14 13 and provided to Aurizon Network QR evidence of that insurance as required by Clause 14.3, provided that, in addition to the above matters, the conditions in Clauses 6.9(d)(viii), 9.1(k), 9.7(g), 12(a)(ii) and 12(h) have been satisfied, to the extent those provisions apply in relation to or in connection with the relevant Train Service13.3. (b) Aurizon Network QR will use all reasonable endeavours to cooperate with the Operator to facilitate the Operator’s completion or compliance with Clause 4.1(a3.1(a). (c) If the Operator has not done each of the acts, matters or things specified in Clause 4.1(a3.1(a) for its initial Train Services by: (i) the date specified in Item 3 6 of the Reference Schedule and Aurizon Network QR has no reasonable expectation that the Operator can commence the operation of Train Services by the Commitment Date; or (ii) by the Commitment Date, Date then Aurizon Network QR may, provided that Aurizon Network QR has complied with Clause 4.1(b3.1(b), notify the Operator and End User in writing of its intention to terminate this Agreement and if the Operator has not complied with all the requirements of Clause 4.1(a3.1(a) by a date which is thirty (30) days after the date of the notice, Aurizon Network QR may terminate this Agreement by further written notice to the Operator and the End UserAgreement. (d) The Operator must operate Train Services only in accordance with the Train Service Description and this Agreement. Unless acting under a Aurizon Network QR Train Control Direction, the Operator must not operate Train Services which do not comply with the Train Service Description without the prior written approval of Aurizon NetworkQR, which approval may specify terms in addition to or varying the terms of this Agreement in respect of those Train Services, including the Access Charges applicable [under the End User Access Agreement]applicable. The Operator [or Access Holder (as applicable)] must comply with such terms in operating the Train Services. (e) Prior to operating a Train Service, the Operator must notify Aurizon Network of the End User for whom the Operator will operate that Train Service.

Train Services. (a) Without limiting any other provision of this Agreement, the Operator must not commence any Train Services (including any new or varied Train Services) unless and until the Operator has done each of the following in respect to those Train Services(or, as applicable, those new or varied Train Services):: (i) if applicable, delivered to QR Network the Security in accordance with Clause 2.4; (ii) provided to Aurizon QR Network a certificate of compliance for all of the Operator’s Rollingstock and Rollingstock Configurations in accordance with Clause 6.9 5.9 and Aurizon QR Network has authorised such Rollingstock and Rollingstock Configurations; (iiiii) demonstrated to Aurizon QR Network that the Operator has entered into agreements in respect of the Private Facilities as required by Clause 6.11 5.11 (if applicable); (iiiiv) provided to Aurizon QR Network a copy of the Operator’s Emergency Response Plan which must be compatible with the Aurizon QR Network Emergency Procedures; (ivv) provided to Aurizon QR Network an acceptable Environmental Investigation and Risk Management Report in accordance with Clause 9.18.1; (vvi) implemented those elements of the Environmental Investigation and Risk Management Report, if applicable, which are to be implemented prior to the commencement of Train Services; (vivii) complied with the community liaison requirements referred to in Clause 9.6(a8.6(a); (viiviii) provided to Aurizon QR Network evidence of its Accreditation as required by Clause 10(a9.1(a); (viiiix) conducted an Interface Risk Assessment in accordance with Clause 12(a11(a); (ixx) devised in collaboration with Aurizon QR Network an Interface Risk Management Plan and implemented the elements of such plan required to be implemented prior to the commencement of Train Services; (xxi) developed the Operator’s Safety Management System and incorporated into that system the elements and process referred to in Clause 12(a)(iii11(a)(iii); and (xixii) taken out the insurances required under Clause 14 13 and provided to Aurizon QR Network evidence of that insurance as required by Clause 14.3, provided that, in addition to the above matters, the conditions in Clauses 6.9(d)(viii), 9.1(k), 9.7(g), 12(a)(ii) and 12(h) have been satisfied, to the extent those provisions apply in relation to or in connection with the relevant Train Service13.3. (ba) Aurizon QR Network will use all reasonable endeavours to cooperate with the Operator to facilitate the Operator’s completion or compliance with Clause 4.1(a3.1(a). (cb) If the Operator has not done each of the acts, matters or things specified in Clause 4.1(a3.1(a) for its initial Train Services by: (i) the date specified in Item 3 6 of the Reference Schedule and Aurizon QR Network has no reasonable expectation that the Operator can commence the operation of Train Services by the Commitment Date; or (ii) by the Commitment Date, then Aurizon QR Network may, provided that Aurizon QR Network has complied with Clause 4.1(b3.1(b), notify the Operator and End User in writing of its intention to terminate this Agreement and if the Operator has not complied with all the requirements of Clause 4.1(a3.1(a) by a date which is thirty (30) days after the date of the notice, Aurizon QR Network may terminate this Agreement by further written notice to the Operator and the End UserAgreement. (dc) The Operator must operate Train Services only in accordance with the Train Service Description and this Agreement. Unless acting under a Aurizon QR Network Train Control Direction, the Operator must not operate Train Services which do not comply with the Train Service Description without the prior written approval of Aurizon QR Network, which approval may specify terms in addition to or varying the terms of this Agreement in respect of those Train Services, including the Access Charges applicable [under the End User Access Agreement]applicable. The Operator [or Access Holder (as applicable)] must comply with such terms in operating the Train Services. (e) Prior to operating a Train Service, the Operator must notify Aurizon Network of the End User for whom the Operator will operate that Train Service.

Train Services. (a) Without limiting any other provision of this Agreement, the Operator must not commence any Train Services (including any new or varied Train Services) unless and until the Operator has done each of the following in respect to those Train Services(orServices: (or, as applicable, those new or varied Train Services): (i) provided to Aurizon QR Network a certificate of compliance for all of the Operator’s Rollingstock and Rollingstock Configurations in accordance with Clause 6.9 and Aurizon QR Network has authorised such Rollingstock and Rollingstock Configurations; (ii) demonstrated to Aurizon QR Network that the Operator has entered into agreements in respect of the Private Facilities as required by Clause 6.11 (if applicable); (iii) provided to Aurizon QR Network a copy of the Operator’s Emergency Response Plan which must be compatible with the Aurizon QR Network Emergency Procedures; (iv) provided to Aurizon QR Network an acceptable Environmental Investigation and Risk Management Report in accordance with Clause 9.1; (v) implemented those elements of the Environmental Investigation and Risk Management Report, if applicable, which are to be implemented prior to the commencement of Train Services; (vi) complied with the community liaison requirements referred to in Clause 9.6(a); (vii) provided to Aurizon QR Network evidence of its Accreditation as required by Clause 10(a); (viii) conducted an Interface Risk Assessment in accordance with Clause 12(a); (ix) devised in collaboration with Aurizon QR Network an Interface Risk Management Plan and implemented the elements of such plan required to be implemented prior to the commencement of Train Services; (x) developed the Operator’s Safety Management System and incorporated into that system the elements and process referred to in Clause 12(a)(iii); and (xi) taken out the insurances required under Clause 14 and provided to Aurizon QR Network evidence of that insurance as required by Clause 14.3, . provided that, in addition to the above matters, the conditions in Clauses 6.9(d)(viii), 9.1(k), 9.7(g), 12(a)(ii) and 12(h) have been satisfied, to the extent those provisions apply in relation to or in connection with the relevant Train Service. (b) Aurizon QR Network will use all reasonable endeavours to cooperate with the Operator to facilitate the Operator’s completion or compliance with Clause 4.1(a). (c) If the Operator has not done each of the acts, matters or things specified in Clause 4.1(a) for its initial Train Services by: (i) the date specified in Item 3 of the Reference Schedule and Aurizon QR Network has no reasonable expectation that the Operator can commence the operation of Train Services by the Commitment Date; or (ii) by the Commitment Date, then Aurizon QR Network may, provided that Aurizon QR Network has complied with Clause 4.1(b), notify the Operator and End User in writing of its intention to terminate this Agreement and if the Operator has not complied with all the requirements of Clause 4.1(a) by a date which is thirty (30) days after the date of the notice, Aurizon QR Network may terminate this Agreement by further written notice to the Operator and the End UserAgreement. (d) The Operator must operate Train Services only in accordance with the Train Service Description and this Agreement. Unless acting under a Aurizon QR Network Train Control Direction, the Operator must not operate Train Services which do not comply with the Train Service Description without the prior written approval of Aurizon QR Network, which approval may specify terms in addition to or varying the terms of this Agreement in respect of those Train Services, including the Access Charges applicable [under the End User Access Agreement]applicable. The Operator [or Access Holder (as applicable)] must comply with such terms in operating the Train Services. (e) Prior to operating a Train Service, the Operator must notify Aurizon QR Network of the End User for whom the Operator will operate that Train Service.