Common use of Operator’s Obligations Clause in Contracts

Operator’s Obligations. The Operator agrees at all times during the Term: (a) to use its best endeavours to ensure that for each Path Usage, it complies with the Service Assumptions; (b) to comply with the Code of Practice; (c) to conduct itself in accordance with any Instructions issued; (d) that if it becomes aware that material non-compliance by a Service with a Train Path or a Path Usage has occurred or is a reasonable possibility, to notify the Network Control Centre immediately; (e) to ensure that its use of the Network is carried out in such a way as to minimise obstruction of the Network and so that use of the Network by any other user authorised by ARTC is not prevented or delayed (other than through use of the Network in accordance with this agreement or through proper compliance with an Instruction validly given); (f) to comply with all applicable legislation of the Commonwealth and State Parliaments, subordinate legislation, municipal by-laws and other laws in any way applicable to operation of the Services or its use of the Network; (g) not to materially change, alter, repair, deface or otherwise affect any part of the Network, Associated Facilities, ARTC’s property or property of third parties provided that the obligation of the Operator in this clause extends only to such matters to the extent that they were caused or contributed to by the Operator and Train operations it conducts. This does not include normal wear and tear where the Operator is accessing the Network in accordance with the terms of this agreement; (h) not to materially damage the Network, Associated Facilities, ARTC’s property or property of third parties. For the purposes of this clause “damage” does not include normal wear and tear where the Operator is accessing the Network in accordance with the terms of this agreement; (i) to provide and maintain communications equipment which is compatible with the equipment used in the Network Control Centre and to use such equipment to communicate with the Network Control Centre; (j) where ARTC proposes to change communications equipment in the Network Control Centre: (i) to share information and cooperate with ARTC and any Communications or TMS Provider to the extent that may be required to ensure that the parties’ obligations in clauses 5.3 and 5.5 are achieved; (ii) if such proposal will result in the Operator having to replace or upgrade its communications equipment, ARTC will consult with the Operator and the Operator will, after such consultation and after reasonable notice from ARTC to the Operator, reasonably replace or upgrade the communications equipment to be compatible with the equipment used in the Network Control Centre; (k) subject to clause 18, to provide to ARTC such information related to the operation of the Services (excluding commercial information) as ARTC reasonably requires to enable it to properly perform its functions and discharge its obligations to the Operator, the Access Holder and other operators; (l) to provide to ARTC a Train Manifest in a format acceptable to ARTC for each Service not less than 15 minutes prior to that Service commencing use of the Network and to provide notice in a form specified by ARTC of any detail of the Train Manifest which changes during the course of the operation of the Service over the Network; (m) to inform ARTC as soon as reasonably practicable of any cancellation or intended cancellation by the Operator or the Access Holder of any Service; (n) to ensure that any item of freight or material, including but not limited to minerals, bulk goods or commodity (in whatever form), being hauled on or in a Train operated by the Operator does not fall, leak, spill, escape or become deposited on or adjacent to the Network.

Operator’s Obligations. The Operator agrees at all times during the Term: (a) to use its best endeavours to ensure that for each Path Usage, it its use of the Network complies with the Service AssumptionsTrain Paths applicable to each Service; (b) to comply with the Code of Practice; (c) to conduct itself in accordance with any Instructions issued; (d) that if it becomes aware that material non-compliance by a Service with a the applicable Scheduled Train Path (or a such other Train Path Usage which may be agreed) has occurred or is a reasonable possibility, to notify the Network Train Control Centre immediately; (e) to ensure that its use of the Network is carried out in such a way as to minimise obstruction of the Network and so that use of the Network by any other user authorised by ARTC is not prevented or delayed (other than through use of the Network in accordance with this agreement Agreement or through proper compliance with an Instruction validly given); (f) to comply with all applicable legislation Acts of the Commonwealth and State Parliaments, subordinate legislation, municipal by-laws and other laws in any way applicable to operation of the Services or its use of the Network; (g) not to materially change, alter, repair, deface or otherwise affect any part of the Network, Associated Facilities, ARTC’s property or property of third parties provided that the obligation of the Operator in this clause extends only to such matters to the extent that they were caused or contributed to by the Operator and Train train operations it conducts. This conducts and does not include normal wear and tear where the Operator is accessing the Network in accordance with the terms of this agreementAgreement; (h) not to materially damage the Network, Associated Facilities, ARTC’s property or property of third parties. For the purposes of this clause “damage” does not include normal wear and tear where the Operator is accessing the Network in accordance with the terms of this agreementAgreement; (i) to provide and maintain communications equipment which is compatible with the equipment used in the Network Train Control Centre and to use such equipment to communicate with the Network Train Control Centre; (j) where ARTC proposes to change communications equipment in the Network Train Control Centre: (i) the Operator agrees to share information and cooperate with ARTC and any Communications or TMS Provider to the extent that may be required to ensure that the parties’ obligations in clauses 5.3 and 5.5 are achieved; (ii) if such proposal will result in the Operator having to replace or upgrade its communications equipment, ARTC will consult with the Operator and the Operator will, after such consultation and after reasonable notice from ARTC to the Operator, reasonably replace or upgrade the communications equipment to be compatible with the equipment used in the Network Train Control Centre;; and (iii) where the proposal in clause 5.5(j)(i) constitutes a significant change to the communications equipment and / or communication system, ARTC will further consult with other rail network managers, rail safety governance organisations, and the National Transport Commission and Interoperability Advisory Group (as relevant) to discuss the proposed changes. (k) subject to clause 18, to provide to ARTC such information related to the operation of the Services (excluding commercial information) as ARTC reasonably requires to enable it to properly perform its functions and discharge its obligations to the Operator, the Access Holder Operator and other operators; (l) to provide to ARTC a Train Manifest in a format acceptable to ARTC for each Service not less than 15 minutes prior to that Service commencing use of the Network and to provide notice in a form specified by ARTC of any detail of the Train Manifest which changes during the course of the operation of the Service over the Network; (m) to inform ARTC as soon as reasonably practicable of any cancellation or intended cancellation by the Operator or the Access Holder of any Service;; and (n) to ensure that any item of freight or material, including but not limited to minerals, bulk goods or commodity (in whatever form), being hauled on or in a Train operated by the Operator does not fall, leak, spill, escape or become deposited on or adjacent to the Network.

Operator’s Obligations. The Operator agrees at all times during the Term: (a) to use its best endeavours to ensure that for each Path Usage, it its use of the Network complies with the Service AssumptionsTrain Paths applicable to each Service; (b) to comply with the Code of Practice; (c) to conduct itself in accordance with any Instructions issued; (d) that if it becomes aware that material non-compliance by a Service with a the applicable Scheduled Train Path (or a Path Usage such other Train path which may be agreed) has occurred or is a reasonable possibility, to notify the Network Train Control Centre immediately; (e) to ensure that its use of the Network is carried out in such a way as to minimise obstruction of the Network and so that use of the Network by any other user authorised by ARTC is not prevented or delayed (other than through use of the Network in accordance with this agreement Agreement or through proper compliance with an Instruction validly given); (f) to comply with all applicable legislation Acts of the Commonwealth and State Parliaments, subordinate legislation, municipal by-laws and other laws in any way applicable to operation of the Services or its use of the Network; (g) not to materially change, alter, repair, deface or otherwise affect any part of the Network, Associated Facilities, ARTC’s property or property of third parties provided that the obligation of the Operator in this clause extends only to such matters to the extent that they were caused or contributed to by the Operator and Train train operations it conducts. This conducts and does not include normal wear and tear where the Operator is accessing the Network in accordance with the terms of this agreementAgreement; (h) not to materially damage the Network, Associated Facilities, ARTC’s property or property of third parties. For the purposes of this clause “damage” does not include normal wear and tear where the Operator is accessing the Network in accordance with the terms of this agreementAgreement; (i) to provide and maintain communications equipment which is compatible with the equipment used in the Network Train Control Centre and to use such equipment to communicate with the Network Train Control Centre; (j) where ARTC proposes to change communications equipment in the Network Train Control Centre: (i) the Operator agrees to share information and cooperate with ARTC and any Communications or TMS Provider to the extent that may be required to ensure that the parties’ obligations in clauses 5.3 and 5.5 are achieved; (ii) if such proposal will result in the Operator having to replace or upgrade its communications equipment, ARTC will consult with the Operator and the Operator will, after such consultation and after reasonable notice from ARTC to the Operator, reasonably replace or upgrade the communications equipment to be compatible with the equipment used in the Network Train Control Centre;. (k) subject to clause 18, to provide to ARTC such information related to the operation of the Services (excluding commercial information) as ARTC reasonably requires to enable it to properly perform its functions and discharge its obligations to the Operator, the Access Holder Operator and other operators; (l) to provide to ARTC a Train Manifest in a format acceptable to ARTC for each Service not less than 15 minutes prior to that Service commencing use of the Network and to provide notice in a form specified by ARTC of any detail of the Train Manifest which changes during the course of the operation of the Service over the Network; (m) to inform ARTC as soon as reasonably practicable of any cancellation or intended cancellation by the Operator or the Access Holder of any Service; (n) to ensure that any item of freight or material, including but not limited to minerals, bulk goods or commodity (in whatever form), being hauled on or in a Train operated by the Operator does not fall, leak, spill, escape or become deposited on or adjacent to the Network.

Operator’s Obligations. ‌ The Operator agrees at all times during the Term: (a) to use its best endeavours to ensure that for each Path Usage, it its use of the Network complies with the Service AssumptionsTrain Paths applicable to each Service; (b) to comply with the Code of Practice; (c) to conduct itself in accordance with any Instructions issued; (d) that notify the Train Control Entity immediately if it becomes aware that material non-compliance by a Service is unlikely to comply with a or has not complied with the applicable Train Path or a Path Usage has occurred or is a reasonable possibility, to notify the Network Control Centre immediatelyPath; (ed) to ensure that its use of the Network is carried out in such a way as to minimise obstruction Obstruction of the Network and so that use of the Network by any other user authorised by ARTC TAHE is not prevented or delayed (other than through use of the Network in accordance with this agreement Agreement or through proper compliance with an Instruction validly given); (fe) to comply with all applicable legislation Acts of the Commonwealth and State ParliamentsNew South Wales, subordinate legislation, municipal by-laws and other laws in any way applicable to operation of the Services or its use of the Network; (gf) not to materially change, alter, repair, deface or otherwise affect any part of the Network, Associated Facilities, ARTCTAHE’s property or property of third parties provided that the obligation of the Operator in this clause extends only to such matters to the extent that they were caused or contributed to by the Operator and or Train operations it conducts. This conducts and does not include normal wear and tear of the Network where the Operator is accessing the Network in accordance with the terms of this agreementAgreement; (hg) not to materially damage the Network, Associated Facilities, ARTCTAHE’s property or property of third parties. For the purposes purpose of this clause “damage” does not include normal wear and tear where the Operator is accessing the Network in accordance with the terms of this agreementAgreement; (ih) to provide and maintain communications equipment which is compatible with the equipment used in the Network Train Control Centre and to use such equipment to communicate with the Network Train Control CentreEntity; (ji) where ARTC TAHE proposes to change communications equipment in the Network Train Control Centre: (i1) each party agrees to share information and cooperate with ARTC the other party and any Communications or TMS Provider to the extent that may be required to ensure that the parties’ obligations in clauses 5.3 and 5.5 are achieved;; and (ii2) if where such proposal will result in the Operator having to replace or upgrade its communications equipment, ARTC TAHE will consult with the Operator and the Operator will, after such consultation and after reasonable notice from ARTC TAHE to the Operator, reasonably replace or upgrade the communications equipment equipment, at the Operator’s cost, TAHE using reasonable endeavours to minimise such costs, to be compatible with the equipment used in the Network Train Control Centre; (kj) subject to clause 18, to provide to ARTC TAHE such information related to the operation of the Services (excluding commercial information) as ARTC TAHE reasonably requires to enable it to properly perform its functions and discharge its obligations to the Operator, other operators and the Access Holder and other operatorspublic; (lk) to provide to ARTC TAHE a Train Manifest in a format acceptable to ARTC TAHE for each Service not less than 15 minutes prior to that Service commencing use of the Network and to provide notice in a form specified by ARTC TAHE of any detail of the Train Manifest which changes during the course of the operation of the Service over the NetworkNETWORK; (ml) to inform ARTC TAHE as soon as reasonably practicable of any cancellation or intended cancellation by the Operator or the Access Holder of any Service; (m) to provide promptly to TAHE a copy of any notice, order or direction received by the Operator from a Governmental Agency which affects or relates to the use of the Network; (n) to ensure that any item of freight or material, including but not limited to to, minerals, bulk goods or commodity commodities (in whatever form), being hauled on or in a Train operated by the Operator does not fall, leak, spill, escape or become deposited on or adjacent to the Network; and (o) to inform TAHE as soon as reasonably practicable upon becoming aware that a Scheduled Train Path will not be used for the purposes of either transporting the Commodity or providing services to the Customer specified in Schedule 2.

Operator’s Obligations. The Operator agrees at all times during the Term: (a) to use its best endeavours to ensure that for each Path Usage, it its use of the Network complies with the Service AssumptionsTrain Paths applicable to each Service; (b) to comply with the Code of Practice; (c) to conduct itself in accordance with any Instructions issued; (d) that if it becomes aware that material non-compliance by a Service with a the applicable Scheduled Train Path (or a such other Train Path Usage which may be agreed) has occurred or is a reasonable possibility, to notify the Network Train Control Centre immediately; (e) to ensure that its use of the Network is carried out in such a way as to minimise obstruction of the Network and so that use of the Network by any other user authorised by ARTC is not prevented or delayed (other than through use of the Network in accordance with this agreement Agreement or through proper compliance with an Instruction validly given); (f) to comply with all applicable legislation Acts of the Commonwealth and State Parliaments, subordinate legislation, municipal by-laws and other laws in any way applicable to operation of the Services or its use of the Network; (g) not to materially change, alter, repair, deface or otherwise affect any part of the Network, Associated Facilities, ARTC’s property or property of third parties provided that the obligation of the Operator in this clause extends only to such matters to the extent that they were caused or contributed to by the Operator and Train train operations it conducts. This conducts and does not include normal wear and tear where the Operator is accessing the Network in accordance with the terms of this agreementAgreement; (h) not to materially damage the Network, Associated Facilities, ARTC’s property or property of third parties. For the purposes of this clause “damage” does not include normal wear and tear where the Operator is accessing the Network in accordance with the terms of this agreementAgreement; (i) to provide and maintain communications equipment which is compatible with the equipment used in the Network Train Control Centre and to use such equipment to communicate with the Network Train Control Centre; (j) where ARTC proposes to change communications equipment in the Network Train Control Centre: (i) the Operator agrees to share information and cooperate with ARTC and any Communications or TMS Provider to the extent that may be required to ensure that the parties’ obligations in clauses 5.3 and 5.5 are achieved; (ii) if such proposal will result in the Operator having to replace or upgrade its communications equipment, ARTC will consult with the Operator and the Operator will, after such consultation and after reasonable notice from ARTC to the Operator, reasonably replace or upgrade the communications equipment to be compatible with the equipment used in the Network Train Control Centre;.; and (iii) where the proposal in clause 5.5(j)(i) constitutes a significant change to the communications equipment and / or communication system, ARTC will further consult with other rail network managers, rail safety governance organisations, and the National Transport Commission and Interoperability Advisory Group (as relevant) to discuss the proposed changes. (k) subject to clause 18, to provide to ARTC such information related to the operation of the Services (excluding commercial information) as ARTC reasonably requires to enable it to properly perform its functions and discharge its obligations to the Operator, the Access Holder Operator and other operators; (l) to provide to ARTC a Train Manifest in a format acceptable to ARTC for each Service not less than 15 minutes prior to that Service commencing use of the Network and to provide notice in a form specified by ARTC of any detail of the Train Manifest which changes during the course of the operation of the Service over the Network; (m) to inform ARTC as soon as reasonably practicable of any cancellation or intended cancellation by the Operator or the Access Holder of any Service;; and (n) to ensure that any item of freight or material, including but not limited to minerals, bulk goods or commodity (in whatever form), being hauled on or in a Train operated by the Operator does not fall, leak, spill, escape or become deposited on or adjacent to the Network.

Operator’s Obligations. The Operator agrees at all times during the Term: (a) to use its best endeavours to ensure that for each Path Usage, it its use of the Network complies with the Service AssumptionsTrain Paths applicable to each Service; (b) to comply with the Code of Practice; (c) to conduct itself in accordance with any Instructions issued; (d) that notify the Train Control Entity immediately if it becomes aware that material non-compliance by a Service is unlikely to comply with a or has not complied with the applicable Train Path or a Path Usage has occurred or is a reasonable possibility, to notify the Network Control Centre immediatelyPath; (ed) to ensure that its use of the Network is carried out in such a way as to minimise obstruction Obstruction of the Network and so that use of the Network by any other user authorised by ARTC TfNSW is not prevented or delayed (other than through use of the Network in accordance with this agreement Agreement or through proper compliance with an Instruction validly given); (fe) to comply with all applicable legislation Acts of the Commonwealth and State ParliamentsNew South Wales, subordinate legislation, municipal by-laws and other laws in any way applicable to operation of the Services or its use of the Network; (gf) not to materially change, alter, repair, deface or otherwise affect any part of the Network, Associated Facilities, ARTCTfNSW’s property or property of third parties provided that the obligation of the Operator in this clause extends only to such matters to the extent that they were caused or contributed to by the Operator and or Train operations it conducts. This conducts and does not include normal wear and tear of the Network where the Operator is accessing the Network in accordance with the terms of this agreementAgreement; (hg) not to materially damage the Network, Associated Facilities, ARTCTfNSW’s property or property of third parties. For the purposes purpose of this clause “damage” does not include normal wear and tear where the Operator is accessing the Network in accordance with the terms of this agreementAgreement; (ih) to provide and maintain communications equipment which is compatible with the equipment used in the Network Train Control Centre and to use such equipment to communicate with the Network Train Control CentreEntity; (ji) where ARTC TfNSW proposes to change communications equipment in the Network Train Control Centre: (i1) each party agrees to share information and cooperate with ARTC the other party and any Communications or TMS Provider to the extent that may be required to ensure that the parties’ obligations in clauses 5.3 and 5.5 are achieved;; and (ii2) if where such proposal will result in the Operator having to replace or upgrade its communications equipment, ARTC TfNSW will consult with the Operator and the Operator will, after such consultation and after reasonable notice from ARTC TfNSW to the Operator, reasonably replace or upgrade the communications equipment equipment, at the Operator’s cost, TfNSW using reasonable endeavours to minimise such costs, to be compatible with the equipment used in the Network Train Control Centre; (kj) subject to clause 18, to provide to ARTC TfNSW such information related to the operation of the Services (excluding commercial information) as ARTC TfNSW reasonably requires to enable it to properly perform its functions and discharge its obligations to the Operator, other operators and the Access Holder and other operatorspublic; (lk) to provide to ARTC TfNSW a Train Manifest in a format acceptable to ARTC TfNSW for each Service not less than 15 minutes prior to that Service commencing use of the Network and to provide notice in a form specified by ARTC TfNSW of any detail of the Train Manifest which changes during the course of the operation of the Service over the Network; (ml) to inform ARTC TfNSW as soon as reasonably practicable of any cancellation or intended cancellation by the Operator or the Access Holder of any Service; (m) to provide promptly to TfNSW a copy of any notice, order or direction received by the Operator from a Governmental Agency which affects or relates to the use of the Network; (n) to ensure that any item of freight or material, including but not limited to to, minerals, bulk goods or commodity commodities (in whatever form), being hauled on or in a Train operated by the Operator does not fall, leak, spill, escape or become deposited on or adjacent to the Network; and (o) to inform TfNSW as soon as reasonably practicable upon becoming aware that a Scheduled Train Path will not be used for the purposes of either transporting the Commodity or providing services to the Customer specified in Schedule 2.

Operator’s Obligations. The Operator agrees at all times during the Term: (a) to use its best endeavours to ensure that for each Path Usage, it its use of the Network complies with the Service AssumptionsTrain Paths applicable to each Service; (b) to comply with the Code of Practice; (c) to conduct itself in accordance with any Instructions issued; (d) that if it becomes aware that material non-compliance by a Service with a the applicable Scheduled Train Path (or a Path Usage such other Train path which may be agreed) has occurred or is a reasonable possibility, to notify the Network Train Control Centre immediately; (e) to ensure that its use of the Network is carried out in such a way as to minimise obstruction of the Network and so that use of the Network by any other user authorised by ARTC is not prevented or delayed (other than through use of the Network in accordance with this agreement Agreement or through proper compliance with an Instruction validly given); (f) to comply with all applicable legislation Acts of the Commonwealth and State Parliaments, subordinate legislation, municipal by-laws and other laws in any way applicable to operation of the Services or its use of the Network; (g) not to materially change, alter, repair, deface or otherwise affect any part of the Network, Associated Facilities, ARTC’s property or property of third parties provided that the obligation of the Operator in this clause extends only to such matters to the extent that they were caused or contributed to by the Operator and Train train operations it conducts. This conducts and does not include normal wear and tear where the Operator is accessing the Network in accordance with the terms of this agreementAgreement; (h) not to materially damage the Network, Associated Facilities, ARTC’s property or property of third parties. For the purposes of this clause “damage” does not include normal wear and tear where the Operator is accessing the Network in accordance with the terms of this agreementAgreement; (i) to provide and maintain communications equipment which is compatible with the equipment used in the Network Train Control Centre and to use such equipment to communicate with the Network Train Control Centre;. (j) where ARTC proposes to change communications equipment in the Network Train Control Centre: (i) the Operator agrees to share information and cooperate with ARTC and any Communications or TMS Provider to the extent that may be required to ensure that the parties’ obligations objectives in clauses 5.3 and 5.5 are achieved; (ii) if such proposal will result in the Operator having to replace or upgrade its communications equipment, ARTC will consult with the Operator and the Operator will, after such consultation and after reasonable notice from ARTC to the Operator, reasonably replace or upgrade the communications equipment to be compatible with the equipment used in the Network Train Control Centre;. (k) subject to clause 18, to provide to ARTC such information related to the operation of the Services (excluding commercial information) as ARTC reasonably requires to enable it to properly perform its functions and discharge its obligations to the Operator, the Access Holder Operator and other operators;. (l) to provide to ARTC a Train Manifest in a format acceptable to ARTC for each Service not less than 15 minutes prior to that Service commencing use of the Network and to provide notice in a form specified by ARTC of any detail of the Train Manifest which changes during the course of the operation of the Service over the Network;. (m) to inform ARTC as soon as reasonably practicable of any cancellation or intended cancellation by the Operator or the Access Holder of any Service;. (n) to ensure that the any item of freight or material, including but not limited to minerals, bulk goods or commodity (in whatever form), being hauled on or in a Train operated by the Operator does not fall, leak, spill, escape or become deposited on or adjacent to the Network.

Operator’s Obligations. The Operator agrees at all times during the Term: (a) to use its best endeavours to ensure that for each Path Usage, it its use of the Network complies with the Service AssumptionsTrain Paths applicable to each Service; (b) to comply with the Code of Practice; (c) to conduct itself in accordance with any Instructions issued; (d) that if it becomes aware that material non-compliance by a Service with a the applicable Scheduled Train Path (or a such other Train Path Usage which may be agreed) has occurred or is a reasonable possibility, to notify the Network Train Control Centre immediately; (e) to ensure that its use of the Network is carried out in such a way as to minimise obstruction of the Network and so that use of the Network by any other user authorised by ARTC is not prevented or delayed (other than through use of the Network in accordance with this agreement Agreement or through proper compliance with an Instruction validly given); (f) to comply with all applicable legislation Acts of the Commonwealth and State Parliaments, subordinate legislation, municipal by-laws and other laws in any way applicable to operation of the Services or its use of the Network; (g) not to materially change, alter, repair, deface or otherwise affect any part of the Network, Associated Facilities, ARTC’s property or property of third parties provided that the obligation of the Operator in this clause extends only to such matters to the extent that they were caused or contributed to by the Operator and Train train operations it conducts. This conducts and does not include normal wear and tear where the Operator is accessing the Network in accordance with the terms of this agreementAgreement; (h) not to materially damage the Network, Associated Facilities, ARTC’s property or property of third parties. For the purposes of this clause “damage” does not include normal wear and tear where the Operator is accessing the Network in accordance with the terms of this agreementAgreement; (i) to provide and maintain communications equipment which is compatible with the equipment used in the Network Train Control Centre and to use such equipment to communicate with the Network Train Control Centre; (j) where ARTC proposes to change communications equipment in the Network Train Control Centre: (i) the Operator agrees to share information and cooperate with ARTC and any Communications or TMS Provider to the extent that may be required to ensure that the parties’ obligations in clauses 5.3 and 5.5 are achieved; (ii) if such proposal will result in the Operator having to replace or upgrade its communications equipment, ARTC will consult with the Operator and the Operator will, after such consultation and after reasonable notice from ARTC to the Operator, reasonably replace or upgrade the communications equipment to be compatible with the equipment used in the Network Train Control Centre;. (k) subject to clause 18, to provide to ARTC such information related to the operation of the Services (excluding commercial information) as ARTC reasonably requires to enable it to properly perform its functions and discharge its obligations to the Operator, the Access Holder Operator and other operators; (l) to provide to ARTC a Train Manifest in a format acceptable to ARTC for each Service not less than 15 minutes prior to that Service commencing use of the Network and to provide notice in a form specified by ARTC of any detail of the Train Manifest which changes during the course of the operation of the Service over the Network; (m) to inform ARTC as soon as reasonably practicable of any cancellation or intended cancellation by the Operator or the Access Holder of any Service; (n) to ensure that any item of freight or material, including but not limited to minerals, bulk goods or commodity (in whatever form), being hauled on or in a Train operated by the Operator does not fall, leak, spill, escape or become deposited on or adjacent to the Network.