Access Undertaking. (a) The Access Holder acknowledges that the Term may encompass new or varied Access Undertakings being approved by the ACCC. (b) Subject to paragraph (c), the parties agree that any changes to the indicative access agreement included in an Access Undertaking and approved by the ACCC will automatically be incorporated into this agreement. (c) To the extent a new or varied Access Undertaking (including approved changes to the indicative access agreement) are inconsistent with changes negotiated and agreed by the parties to the indicative access agreement applying at the Commencement Date, the parties must negotiate in good faith to modify this agreement to reflect the requirements of a new or varied Access Undertaking which are necessary or desirable for ARTC to safely and efficiently manage the Network and recover its costs while retaining, to the extent reasonably possible, the commercial and economic position of both parties arising from the previously agreed changes. (d) If the parties cannot agree, then the dispute will be a Dispute to be resolved in accordance with clause 14.
Appears in 2 contracts