Train Operations Deed definition

Train Operations Deed means a deed between Aurizon Network and an Operator in substantially the form of the Standard Train Operations Deed (as that term is defined in the Access Undertaking) (or such other form as agreed between the Operator and Aurizon Network) under which Aurizon Network agrees that the Operator may utilise Access Rights allocated to the Operator by the Access Holder, in accordance with this Agreement.

Train Operations Deed means a deed between Aurizon Network and an Operator in substantially the form of the Standard Train Operations Deed (as that term is defined in the Access Undertaking) (or such other form as agreed between the Operator and Aurizon Network) under which Aurizon Network agrees that the Operator may utilise Access Rights allocated to the Operator by the Access Holder, in accordance with this Agreement. Train Schedule means the train diagrams, yard schedules, terminal schedules and any other form of train timetable prepared by Aurizon Network before the day of operation in accordance with the Network Management Principles showing the programmed times of arrival or departure for Train Movements at specified locations on the Infrastructure. Train Service for a Train Service Type means the running, by an Operator for the Access Holder, of a Train in one direction from the Origin to the Destination, or from the Destination to the Origin, for that Train Service Type (including any Stowage) in accordance with the Train Description for that Train Service Type. Train Service Commitment Date for a Train Service Type means the date specified as such in the Train Description for that Train Service Type.

Examples of Train Operations Deed in a sentence

• During the Negotiation Period, Aurizon Network and the Access Seeker or Train Operator, as applicable, will negotiate and endeavour to agree on the elements comprising, for an Access Seeker, the relevant form of Access Agreement referred to in clause 5.1(c) for the type of Access Rights being sought or, for a Train Operator, the matters to be completed in the relevant Train Operations Deed.

• Once the Negotiation Period has commenced, the Access Seeker or Train Operator, as applicable, and Aurizon Network will begin negotiations as soon as reasonably possible in relation to an Access Agreement or Train Operations Deed (as applicable).

• The parties to the Train Operations Deed will be Aurizon Network and the Train Operator for the relevant Train Services.

• To use the Access Rights granted under an Access Agreement, the Access Holder must procure a Train Operations Deed is negotiated as part of the Negotiation Process.

• Despite clause 5.3(c), the Train Operator may agree to vary the terms of the Train Operations Deed, in which case any amendments proposed to those terms must be negotiated by both Aurizon Network and the Train Operator acting reasonably and in good faith.

• The terms of the Train Operations Deed must be the Standard Train Operations Deed.

• Aurizon Network must execute a Train Operations Deed with a Train Operator at any time after the related Access Agreement has been entered into but, in any event, prior to the commencement by that Train Operator of relevant Train Services under the related Access Agreement.

• Except where expressly stated in this Undertaking to the contrary, this Undertaking will not apply to the extent that it is inconsistent with an Access Agreement or a Train Operations Deed.

• Where the terms of a Train Operations Deed cannot be agreed, and the matter is referred for dispute resolution under Part 11 any Dispute will be resolved by the QCA or an expert, as applicable, by completion of (and incorporating amendments agreed by Aurizon Network and the Train Operator and not in dispute in respect of) a Standard Train Operations Deed.

• Once the Negotiation Period has commenced the Access Seeker or Train Operator, as applicable, and Aurizon Network will begin negotiations as soon as reasonably possible in relation to an Access Agreement or Train Operations Deed (as applicable).