Common use of Train Failures Clause in Contracts

Train Failures. (a) In the event of a Train Failure on the Metrolinx Network, all Train Operators and Trains shall take instruction from the NOC and shall comply with this Network Code. (b) A Train Operator experiencing a Train Failure shall comply with the instructions of the NOC for the purpose of ensuring the prompt resolution of the Train Failure and the removal of the Failed Train to the Appropriate Location determined by Metrolinx. (c) A Train Operator experiencing a Train Failure on the Metrolinx Network shall promptly give Notice to the Metrolinx NOC of the location of the Failed Train and any other details required by Metrolinx in respect of that Train Failure. (d) On becoming aware of a Train Failure or on receiving Notice of a Train Failure pursuant to Section 9.7(c), Metrolinx shall promptly: (i) consult with the Train Operator of the Failed Train in order to ascertain the reason for the Train Failure and to obtain such other information as may be necessary in order to achieve a safe and expeditious removal of the Failed Train; and (ii) consult with other Train Operators whose Trains are or are likely to be in the vicinity of the Failed Train in order to assess the capability and availability of those Trains (or the locomotives coupled to those Trains) to move the Failed Train to an Appropriate Location. (e) Metrolinx may permit the Train Operator of the Failed Train to take such action as is necessary to move the Failed Train and to resolve the issue causing the Train Failure. Such Metrolinx permission may be subject to time limits specified by Metrolinx. (f) If, after the expiry of any time limit specified by Metrolinx pursuant to clause (e), Metrolinx reasonably believes that the Failed Train can only be moved with the assistance of another Train or locomotive (or other Equipment), Metrolinx may consult with the Train Operator of the Failed Train as to any Trains or locomotives which are available to assist the Failed Train or any other type of assistance that may be required.

Train Failures. (a) In the event of a Train Failure on the Metrolinx Network, all Train Operators and Trains shall take instruction from the NOC and shall comply with this Network Code. (b) A Train Operator experiencing a Train Failure shall comply with the instructions of the NOC for the purpose of ensuring the prompt resolution of the Train Failure and the removal of the Failed Train to the Appropriate Location determined by Metrolinx. (c) A Train Operator experiencing a Train Failure on the Metrolinx Network shall promptly give Notice to the Metrolinx NOC of the location of the Failed Train and any other details required by Metrolinx in respect of that Train Failure. (d) On becoming aware of a Train Failure or on receiving Notice of a Train Failure pursuant to Section 9.7(c8.7(c), Metrolinx shall promptly: (i) consult with the Train Operator of the Failed Train in order to ascertain the reason for the Train Failure and to obtain such other information as may be necessary in order to achieve a safe and expeditious removal of the Failed Train; and (ii) consult with other Train Operators whose Trains are or are likely to be in the vicinity of the Failed Train in order to assess the capability and availability of those Trains (or the locomotives coupled to those Trains) to move the Failed Train to an Appropriate Location. (e) Metrolinx may permit the Train Operator of the Failed Train to take such action as is necessary to move the Failed Train and to resolve the issue causing the Train Failure. Such Metrolinx permission may be subject to time limits specified by Metrolinx. (f) If, after the expiry of any time limit specified by Metrolinx pursuant to clause (e), Metrolinx reasonably believes that the Failed Train can only be moved with the assistance of another Train or locomotive (or other Equipment), Metrolinx may consult with the Train Operator of the Failed Train as to any Trains or locomotives which are available to assist the Failed Train or any other type of assistance that may be required.