Common use of Dangerous Goods Clause in Contracts

Dangerous Goods. The Customer must declare to Lineas the presence of any possible Dangerous Goods or waste permitted under the UIC data specification, and must comply with all laws and regulations that govern their transport. In addition, the provisions of the Regulation on the International Carriage of Dangerous Goods by Rail (RID) are applicable in their entirety and must be complied with by the Customer and a Relevant Third Party, in particular the obligations to be respected by the consignor and the consignee. The Customer shall provide Lineas with precise and correct identification of the Goods or Dangerous Goods and all documents, permits, licenses and certificates required by law and regulation for any official treatment of the Dangerous Goods and the carriage of the Dangerous Goods by rail. The Dangerous Goods classified in RID class 7 (radioactive substances) or RID class 1 (explosives) are subject to a special authorization procedure and their carriage is not authorized solely under this Agreement. Lineas shall have the right to enter and have access to any premises not owned by Lineas where Dangerous Goods are or are to be loaded or unloaded to audit the loading and unloading procedures that are in place and/or which occur in relation to Dangerous Goods and where such premises are not owned by the Customer, the Customer shall procure that Lineas shall have such right to enter and access such premises. Where Goods which are held by Lineas after transit or whilst transit is suspended are Dangerous Goods, then Lineas will hold such Goods at the Customer’s sole risk and Lineas may, if it is satisfied it is reasonable to do so, destroy the Goods and/or return them to the Customer or the Consignor or the Consignee (who shall receive them at once) or otherwise dispose of them (all of the foregoing at the Customer’s cost). If Xxxxxx agrees to carry any Dangerous Goods in writing, but this carriage by rail entails extra costs due to special requirements, Lineas may charge the Customer additional costs.

Dangerous Goods. [Option A: Where the Train Service is not to carry Dangerous Goods: The Customer Operator must declare ensure that the Train Services do not carry Dangerous Goods. ] [Option B: Where the Train Service will or may carry Dangerous Goods: The Operator must ensure that the Train Services do not carry Dangerous Goods, except: as expressly provided in this agreement; or with the prior permission of Queensland Rail (not to Lineas be unreasonably withheld). If the presence of Operator wishes to obtain Queensland Rail’s permission to carry any possible Dangerous Goods, the Operator must first satisfy Queensland Rail (acting reasonably) that: carrying the relevant Dangerous Goods or waste in the manner proposed by the Operator is permitted under the UIC data specification, or by all relevant Laws and must comply with all laws Authorities and regulations that govern their transport. In addition, the provisions of the Regulation on the International Carriage of any applicable Dangerous Goods Code; any Authorisations required under any applicable Law or Dangerous Goods Code have been, or will be, obtained and maintained and are, or will be, available for inspection by Queensland Rail (RID) are if requested; and all Laws, including Authorisations, applicable in their entirety and must be complied with by the Customer and a Relevant Third Party, in particular the obligations relation to be respected by the consignor and the consignee. The Customer shall provide Lineas with precise and correct identification of the Goods or those Dangerous Goods and all documentsrequirements of any applicable Dangerous Goods Code are, permitsor will be, licenses complied with. Unless otherwise expressly provided in this agreement, where either clause 10.5(a)(i) or (ii) are satisfied and certificates the relevant Train Service will carry Dangerous Goods, the Operator must ensure that: any Authorisations required by law under any applicable Law or the applicable Dangerous Goods Code have been obtained prior to the operation of that Train Service and regulation are available for inspection by, or for copies to be provided to, Queensland Rail if requested; all Laws, including Authorisations, applicable in relation to those Dangerous Goods and all requirements of any official treatment applicable Dangerous Goods Code are complied with; Queensland Rail is notified of the details of the Dangerous Goods (including an accurate description of the Dangerous Goods and the carriage applicable Dangerous Goods United Nations (UN) Number) as soon as practicable prior to the operation of that Train Service; and before any Dangerous Goods are carried on that Train Service, the Operator’s Emergency Management Plan includes procedures for responding to an Incident involving those Dangerous Goods, or any other event or circumstance that gives rise to a material or imminent risk of an escape, release or discharge of those Dangerous Goods.] Intervention to prevent or mitigate damage Where Queensland Rail becomes aware of: Queensland Rail becomes aware of any event, circumstance, condition, operation, activity or omission in connection with the Network, the Train Services or any other related activity of the Dangerous Goods Operator which has caused or contributed to or is likely to cause or contribute to: any Environmental Harm; any failure by rail. The Dangerous Goods classified in RID class 7 (radioactive substances) Queensland Rail to comply with or RID class 1 (explosives) are observe any Law; Queensland Rail being subject to a special authorization procedure lawful direction, order or other requirement by any Authority; any loss of, damage to or destruction of real or personal property (including property of the other Party); or any personal injury to or death of any person; and their carriage Queensland Rail: considers that action or intervention is required; or is given a direction by an Authority that action or intervention is required, to prevent, mitigate or remedy the matter referred to in clause 10.6(a), then: Queensland Rail will notify the Operator of that requirement and, where practicable, any action or intervention that Queensland Rail (acting reasonably) or, if applicable, the relevant Authority considers necessary to prevent, mitigate or remedy the matter referred to in clause 10.6(a); and as soon as practicable after receiving such a notice, the Operator will: comply with the requirements of the applicable Authority and any other requirements specified by Queensland Rail in that notice; and take whatever other action or intervention is required to prevent, mitigate or remedy the matter referred to in clause 10.6(a). Noise mitigation In addition to any noise mitigation or management requirements under the IRMP or as otherwise agreed between the Parties, the Operator must pay to Queensland Rail a contribution, as determined by Queensland Rail (acting reasonably), to the costs and expenses incurred by Queensland Rail in relation to any noise mitigation or management measures on the Network, or land adjacent to the Network, that are considered necessary by Queensland Rail (acting reasonably) to comply with noise levels, limits, standards, guidelines or other requirements that Queensland Rail is required to comply with or which are required in order for Queensland Rail to comply with under any applicable Law (Noise Mitigation Requirements). Queensland Rail will (acting reasonably): consult with the Operator prior to Queensland Rail electing to implementing noise mitigation or management measures on the Network, or land adjacent to the Network, to comply with any applicable Noise Mitigation Requirements from time to time; and notify the Operator of how it will determine the Operator’s contribution to its costs and expenses in relation to any noise mitigation or management measures, including,: prior to electing to implement noise mitigation or management measures on the Network, providinge to the Operator any tender documents and quotes to support any expenses which Queensland Rail will seek to recover. Inspection of Trains and Rolling Stock Where: Queensland Rail believes (acting reasonably) that the Operator’s Rolling Stock or Train Configurations do not authorized solely under comply with: the authorised Rolling Stock and Train Configurations applicable to the Train Services; any applicable Laws relevant to the Train Services; and Queensland Rail cannot otherwise reasonably confirm that compliance, Queensland Rail may: notify the Operator of its belief (including the grounds supporting that belief) and require the Operator to demonstrate that the Rolling Stock or Train Configurations are compliant; and where the Operator fails to demonstrate compliance: inspect any Trains or Rolling Stock utilised or intended to be utilised for the Train Services; or require the Operator to have an inspection conducted, after giving notice of that inspection or requirement to the Operator and for this Agreement. Lineas shall have the right purpose, Queensland Rail or Queensland Rail’s Associates will be entitled at any time to enter and have access to ride on the Operator’s Trains or Rolling Stock. Queensland Rail may require any premises not owned by Lineas where Dangerous Goods are of the Operator’s Rolling Stock (either loaded or are empty) to be loaded available at such location on the Network as Queensland Rail may require (acting reasonably) for weighing, measuring or unloaded other inspection at any time specified by Queensland Rail (acting reasonably), provided that Queensland Rail must use reasonable endeavours to audit minimise any diversion or delay to a Train Service. If any of the loading Operator’s Rolling Stock is reasonably considered by Queensland Rail to be loaded: in excess of its rated carrying capacity; or in an unsafe or insecure manner, then Queensland Rail may: at any time require the Operator to discontinue the Train Service or to remove the excess or adjust the load at the Operator's expense; or where the Operator fails to immediately remove the excess or adjust the load, arrange for its removal or adjustment and unloading procedures that are in place and/or which occur in relation to Dangerous Goods Queensland Rail’s reasonable costs and where such premises are not owned expenses of doing so will be a debt due and owing by the CustomerOperator to Queensland Rail. The Operator must provide all reasonable assistance required by Queensland Rail in conducting any inspection, including allowing Queensland Rail, its appointed representative or a person appointed to conduct an inspection to discuss any relevant matter with the Operator’s Associates. A member of the Operator’s Associates may be present at the inspection. Nothing in this clause 11 obliges the Operator, or entitles Queensland Rail, to do anything that would result in the Operator not complying with any Law. The Operator must bear the reasonable costs of the conduct of the inspection to the extent that the inspection demonstrates that a relevant non-compliance exists. Queensland Rail must bear the costs of conducting the inspection to the extent that the inspection demonstrates that no relevant non-compliance exists. An inspection by Queensland Rail under this clause 11 does not relieve the Operator of its obligations under this agreement or at Law. Risk and indemnities Indemnities for personal injury and property damage Subject to clause 13 (and without limitation to clause 12.2), the Customer shall procure Operator indemnifies and will keep indemnified each other Party and that Lineas shall have such right other Party’s Associates against all Losses suffered or incurred by, or Claims brought against or made upon, that other Party or its Associates (as applicable) in respect of: any loss of, damage to enter and access such premises. Where Goods which are held by Lineas after transit or whilst transit is suspended are Dangerous Goodsdestruction of real or personal property (including property of any Party); or personal injury to or death of any person, then Lineas will hold such Goods at the Customer’s sole risk and Lineas may, if it is satisfied it is reasonable to do so, destroy the Goods and/or return them in each case to the Customer extent caused or contributed to by: a breach of this agreement by the Operator; or any negligent act or omission of the Operator or the Consignor Operator’s Associates in the performance of obligations, or in the Consignee exercise of rights, under this agreement. Subject to clause 13 (who shall receive them at onceand without limitation to clause 12.2), Queensland Rail indemnifies and will keep indemnified each other Party and that other Party’s Associates against all Losses suffered or incurred by, or Claims brought against or made upon, that other Party or its Associates (as applicable) in respect of: any loss of, damage to or otherwise dispose destruction of them real or personal property (including property of any Party); or personal injury to or death of any person, in each case to the extent caused or contributed to by: a breach of this agreement by Queensland Rail; or any negligent act or omission of Queensland Rail or Queensland Rail’s Associates in the performance of obligations, or in the exercise of rights under this agreement. Subject to clause 13, the Access Holder indemnifies and will keep indemnified each other Party and that other Party’s Associates against all Losses suffered or incurred by, or Claims brought against or made upon, that other Party or its Associates (as applicable) in respect of: any loss of, damage to or destruction of real or personal property (including property of any Party); or personal injury to or death of any person, in each case to the foregoing at the Customer’s cost). If Xxxxxx agrees extent caused or contributed to carry any Dangerous Goods in writing, but this carriage by rail entails extra costs due to special requirements, Lineas may charge the Customer additional costs.by:

Dangerous Goods. [Option A: Where the Train Service is not to carry Dangerous Goods: The Customer Operator must declare ensure that the Train Services do not carry Dangerous Goods. ] [Option B: Where the Train Service will or may carry Dangerous Goods: The Operator must ensure that the Train Services do not carry Dangerous Goods, except: as expressly provided in this agreement; or with the prior permission of Queensland Rail given in accordance with this agreement(not to Lineas be unreasonably withheld). If the presence of Operator wishes to obtain Queensland Rail’s permission to carry any possible Dangerous Goods, the Operator must first satisfy Queensland Rail (acting reasonably) that: carrying the relevant Dangerous Goods or waste in the manner proposed by the Operator is permitted under the UIC data specification, all relevant Laws and must comply with all laws Authorities and regulations that govern their transport. In addition, the provisions of the Regulation on the International Carriage of any applicable Dangerous Goods Code; any Authorisations required under any applicable Law or Dangerous Goods Code have been, or will be, obtained and maintained and are, or will be, available for inspection by Queensland Rail (RID) are if requested; and all Laws, including Authorisations, applicable in their entirety and must be complied with by the Customer and a Relevant Third Party, in particular the obligations relation to be respected by the consignor and the consignee. The Customer shall provide Lineas with precise and correct identification of the Goods or those Dangerous Goods and all documentsrequirements of any applicable Dangerous Goods Code are, permitsor will be, licenses complied with. Unless otherwise expressly provided in this agreement, where either clause 10.5(a)(i) or (ii) are satisfied and certificates the relevant Train Service will carry Dangerous Goods, the Operator must ensure that: any Authorisations required by law under any applicable Law or the applicable Dangerous Goods Code have been obtained prior to the operation of that Train Service and regulation are available for inspection by, or for copies to be provided to, Queensland Rail if requested; all Laws, including Authorisations, applicable in relation to those Dangerous Goods and all requirements of any official treatment applicable Dangerous Goods Code are complied with; Queensland Rail is notified of the details of the Dangerous Goods (including an accurate description of the Dangerous Goods and the carriage of the applicable Dangerous Goods by rail. The Dangerous Goods classified in RID class 7 United Nations (radioactive substancesUN) or RID class 1 (explosivesNumber) are subject as soon as practicable prior to a special authorization procedure the operation of that Train Service; and their carriage is not authorized solely under this Agreement. Lineas shall have the right to enter and have access to before any premises not owned by Lineas where Dangerous Goods are or are to be loaded or unloaded to audit the loading and unloading procedures carried on that are in place and/or which occur in relation to Dangerous Goods and where such premises are not owned by the CustomerTrain Service, the Customer shall procure that Lineas shall have such right Operator’s Emergency Management Plan includes procedures for responding to enter and access such premises. Where Goods which are held by Lineas after transit or whilst transit is suspended are an Incident involving those Dangerous Goods, then Lineas will hold such Goods at the Customer’s sole or any other event or circumstance that gives rise to a material or imminent risk and Lineas mayof an escape, if it is satisfied it is reasonable to do so, destroy the Goods and/or return them to the Customer release or the Consignor or the Consignee (who shall receive them at once) or otherwise dispose discharge of them (all of the foregoing at the Customer’s cost). If Xxxxxx agrees to carry any those Dangerous Goods in writing, but this carriage by rail entails extra costs due to special requirements, Lineas may charge the Customer additional costsGoods.]