TRAIN SERVICES PLAN Clause Samples
TRAIN SERVICES PLAN. [Train Services Plan required, to ensure that the Trains Services entering and exiting the mainline meets the tonnage requirements over the life of the infrastructure, and to match the planned works and expenditure sets out in the Asset Maintenance and Management Plan agreed between the parties.] [Initial Emergency Response Plan and Interface Risk Management Plan developed jointly between the parties before executing this agreement to be inserted] Schedule 56 [Initial Asset Maintenance and Management Plan, showing planned and unplanned works and costs by Maintenance Year over the life of the Connecting Infrastructure, and based on the Train Services Plan developed jointly between the parties before executing this agreement to be inserted] [On bank letterhead] To: QR Network Pty Ltd ACN 132 181 116 (QR Network) At the request of [insert Owner details] (ACN [TBC]) (the Owner) and in consideration of QR Network accepting this undertaking in respect of the agreement dated on or about the date of this undertaking in respect of rail infrastructure connecting rail owned or controlled by the Owner and rail infrastructure for which QR Network is the accredited rail infrastructure manager (within the meaning of that term in the Transport (Rail Safety) Act 2010 (Qld) (the Agreement) [insert details of bank (ABN)] (the Guarantor) unconditionally undertakes to pay on written demand any sum or sums which may from time to time be demanded by QR Network under and in accordance with the Agreement to a maximum aggregate sum of $[security amount to reflect Item 3 of Schedule 1]. QR Network may not transfer, assign or novate its rights, benefits or obligations under this undertaking except to such persons, and to the extent that, QR Network transfers, assigns or novates its rights, benefits or obligations under the Agreement to those people in accordance with the Agreement. The undertaking is to continue until:
TRAIN SERVICES PLAN. 14.1 The Owner acknowledges that the Base Annual Service Charge referred to in Part 1 of Schedule 5 was determined by QR Network on the basis of the Train Services Plan contained in Schedule 4.
14.2 If at any time the number, type, cargo or other characteristics of Trains running to and from the Private Infrastructure changes such that the details contained in the most recent Train Services Plan delivered to QR Network by the Owner are no longer correct, the Owner will deliver to QR Network, within 14 days of such changes, an updated Train Services Plan.
14.3 Upon receipt of an updated Train Services Plan QR Network will, acting reasonably and after consultation with the Owner, determine the impact (if any) of the changes in the Base Annual Service Charge, and upon making such determination will advise the Owner in writing of the amount of the revised Base Annual Service Charge.
14.4 The Owner may, within 14 days after receipt of QR Network’s advice in writing, dispute the amounts of the revised Annual Service Charge. Such dispute will be resolved in accordance with Clause 17 of this Agreement.
14.5 If a change in the number, type, cargo and/or other characteristics of Trains running to and from the Private Infrastructure results in QR Network (or an expert in the case of a dispute) determining a revised Base Annual Service Charge that is greater than, or less than, the Annual Service Charge applicable immediately prior to the change, then the Owner will pay to QR Network, or QR Network will credit to the Owner, as the case may be, within 14 days after the revised Base Annual Service Charge is determined by QR Network or the expert (as the case may be), an amount calculated in accordance with the formula in Part 2 of Schedule 5.
TRAIN SERVICES PLAN. 15.1 Within 14 days of the date of this agreement, the Owner will provide to Aurizon Network the Train Services Plan in the form contained in Schedule 4. 15.2 If at any time the number, type, cargo or other characteristics of Trains running to and from the Private Infrastructure changes such that the details contained in the most recent Train services Plan delivered to QR Network by the Owner are no longer correct, the Owner will deliver to QR Network, within 14 days of such changes, an updated Train Services Plan.
TRAIN SERVICES PLAN. [Train Services Plan required, to ensure that the Trains Services entering and exiting the mainline meets the tonnage requirements over the life of the infrastructure, and to match the planned works and expenditure sets out in the Asset Maintenance and Management Plan agreed between the parties.]