Common use of Approval of amendments to Operating Plan Clause in Contracts

Approval of amendments to Operating Plan. ‌ (a) The Operator may amend the Operating Plan from time to time provided that the Operator complies with this clause 20.2. (b) Without limiting clause 20.2(a), if schedule 2 is varied to include an additional Train Service Type or the Train Service Description for an existing Train Service Type is varied, then before the Operator commences or continues (as applicable) to operate any Train Services for such Train Service Type, the Operator must: (i) amend the Operating Plan to the extent reasonably required to address the operation of Train Services for such additional Train Service Type or the operation of Train Services in accordance with such varied Train Service Description (as applicable); or (ii) if it reasonably determines that no amendments to the Operating Plan are required to address the operation of Train Services for such additional Train Service Type or the operation of Train Services in accordance with such varied Train Service Description (as applicable), notify Aurizon Network of that determination and the reasons for that determination. (c) Without limiting clause 20.2(a), if, at any time, the Operator gives an Authorisation Request Notice to Aurizon Network in respect of a proposal to operate Train Services for a Train Service Type using Rollingstock Configurations which are not Authorised Rollingstock Configurations for that Train Service Type, the Operator must amend the Operating Plan to the extent reasonably required to address the operation of Train Services for that Train Service Type using such Rollingstock Configurations for that Train Service Type (assuming that they will become Authorised Rollingstock Configurations for the Train Service Type). (d) Without limiting clause 20.2(a), if, at any time, the Operating Plan ceases to be consistent with the terms of this Agreement or any document that the Operator is required under this Agreement to comply with, then: (i) the Operator must amend the Operating Plan to the extent reasonably required to address the inconsistency; and (ii) without limiting clause 20.2(d)(i), if Aurizon Network becomes aware of the inconsistency, then Aurizon Network must notify the Operator of the inconsistency. (e) If the Operator intends, or is required under clause 20.2(b), 20.2(c) or 20.2(d), to amend the Operating Plan, it must submit to Aurizon Network for Aurizon Network’s approval full details of each proposed amendment to the Operating Plan and the Operator’s reasons for each proposed amendment. (f) Aurizon Network may only withhold its approval of any amendments to the Operating Plan submitted under clause 20.2(e) if Aurizon Network is not reasonably satisfied that the Operating Plan, as amended, will comply with clause 20.1(a). (g) Within 20 Business Days after receipt of any amendments to the Operating Plan submitted under clause 20.2(e), Aurizon Network must notify the Operator whether or not it approves of the amendments to the Operating Plan. (h) If Aurizon Network does not notify the Operator whether or not it approves of an amendment to the Operating Plan submitted under clause 20.2(e) within the time required by clause 20.2(g), Aurizon Network will be taken to have withheld its approval of the amendments to the Operating Plan. (i) If Aurizon Network withholds (or is taken to have withheld) its approval of any amendments to the Operating Plan: (i) the Operator may give Aurizon Network a Dispute Notice that disputes the withholding of approval of the amendments to the Operating Plan in accordance with clause 37; and (ii) if a Dispute is not resolved in accordance with clause 37.2, then the Parties must refer the Dispute to an Expert to determine whether or not the Operating Plan, as amended, complies with clause 20.1(a). (j) Subject to clause 20.2(k), an amendment to the Operating Plan takes effect on the day that: (i) Aurizon Network notifies the Operator that it approves of the amendment to the Operating Plan under clause 20.2(g); or (ii) if clause 20.2(i) applies, it is agreed or determined through the Dispute resolution process under clause 37 that the Operating Plan, as amended, complies with clause 20.1(a). (k) An amendment to the Operating Plan required under clause 20.2(c) takes effect on the later of: (i) the day that: (A) Aurizon Network notifies the Operator that it approves of the amendment to the Operating Plan under clause 20.2(g); or (B) if clause 20.2(i) applies, it is agreed or determined through the Dispute resolution process under clause 37 that the Operating Plan, as amended, complies with clause 20.1(a); and (ii) the day that relevant Rollingstock Configurations for the Train Service Type become Authorised Rollingstock Configurations for that Train Service Type. (l) No amendment to the Operating Plan is effective unless: (i) approved by Aurizon Network under this clause 20.2; or (ii) if clause 20.2(i) applies, it is agreed or determined through the Dispute resolution process under clause 37 that the Operating Plan, as amended, complies with clause 20.1(a).

Approval of amendments to Operating Plan. ‌ (a) The Operator may amend the Operating Plan from time to time provided that the Operator complies with this clause 20.214.2. (b) Without limiting clause 20.2(a14.2(a), if schedule 2 is varied to include an additional Train Service Type or the Train Service Description for an existing Train Service Type is varied, then before the Operator commences or continues (as applicable) to operate any Train Services for such Train Service Type, the Operator must: (i) amend the Operating Plan to the extent reasonably required to address the operation of Train Services for such additional Train Service Type or the operation of Train Services in accordance with such varied Train Service Description (as applicable); or (ii) if it reasonably determines that no amendments to the Operating Plan are required to address the operation of Train Services for such additional Train Service Type or the operation of Train Services in accordance with such varied Train Service Description (as applicable), notify Aurizon Network of that determination and the reasons for that determination. (c) Without limiting clause 20.2(a14.2(a), if, at any time, the Operator gives an Authorisation Request Notice to Aurizon Network in respect of a proposal to operate Train Services for a Train Service Type using Rollingstock Configurations which are not Authorised Rollingstock Configurations for that Train Service Type, the Operator must amend the Operating Plan to the extent reasonably required to address the operation of Train Services for that Train Service Type using such Rollingstock Configurations for that Train Service Type proposal under the Authorisation Request Notice (assuming that they will become Authorised Rollingstock Configurations for the Train Service Type). (d) Without limiting clause 20.2(a14.2(a), if, at any time, the Operating Plan ceases to be consistent with the terms of this Agreement or any document that the Operator is required under this Agreement to comply with, then: (i) the Operator must amend the Operating Plan to the extent reasonably required to address the inconsistency; and (ii) without limiting clause 20.2(d)(i14.2(d)(i), if Aurizon Network becomes aware of the inconsistency, then Aurizon Network must notify the Operator of the inconsistency. (e) If the Operator intends, or is required under clause 20.2(b14.2(b), 20.2(c14.2(c) or 20.2(d14.2(d), to amend the Operating Plan, it must submit to Aurizon Network for Aurizon Network’s approval full details of each proposed amendment to the Operating Plan and the Operator’s reasons for each proposed amendment. (f) Aurizon Network may only withhold its approval of any amendments to the Operating Plan submitted under clause 20.2(e) if Aurizon Network is not reasonably satisfied that the Operating Plan, as amended, will comply with clause 20.1(a). (g) Within 20 Business Days after receipt of any amendments to the Operating Plan submitted under clause 20.2(e), Aurizon Network must notify the Operator whether or not it approves of the amendments to the Operating Plan. (h) If Aurizon Network does not notify the Operator whether or not it approves of an amendment to the Operating Plan submitted under clause 20.2(e) within the time required by clause 20.2(g), Aurizon Network will be taken to have withheld its approval of the amendments to the Operating Plan. (i) If Aurizon Network withholds (or is taken to have withheld) its approval of any amendments to the Operating Plan: (i) the Operator may give Aurizon Network a Dispute Notice that disputes the withholding of approval of the amendments to the Operating Plan in accordance with clause 37; and (ii) if a Dispute is not resolved in accordance with clause 37.2, then the Parties must refer the Dispute to an Expert to determine whether or not the Operating Plan, as amended, complies with clause 20.1(a). (j) Subject to clause 20.2(k), an amendment to the Operating Plan takes effect on the day that: (i) Aurizon Network notifies the Operator that it approves of the amendment to the Operating Plan under clause 20.2(g); or (ii) if clause 20.2(i) applies, it is agreed or determined through the Dispute resolution process under clause 37 that the Operating Plan, as amended, complies with clause 20.1(a). (k) An amendment to the Operating Plan required under clause 20.2(c) takes effect on the later of: (i) the day that: (A) Aurizon Network notifies the Operator that it approves of the amendment to the Operating Plan under clause 20.2(g); or (B) if clause 20.2(i) applies, it is agreed or determined through the Dispute resolution process under clause 37 that the Operating Plan, as amended, complies with clause 20.1(a); and (ii) the day that relevant Rollingstock Configurations for the Train Service Type become Authorised Rollingstock Configurations for that Train Service Type. (l) No amendment to the Operating Plan is effective unless: (i) approved by Aurizon Network under this clause 20.2; or (ii) if clause 20.2(i) applies, it is agreed or determined through the Dispute resolution process under clause 37 that the Operating Plan, as amended, complies with clause 20.1(a).

Approval of amendments to Operating Plan. ‌ (a) The Operator may amend the Operating Plan from time to time provided that the Operator complies with this clause 20.215.2. (b) Without limiting clause 20.2(a15.2(a), if schedule 2 is varied to include an additional Train Service Type or the Train Service Description for an existing Train Service Type is varied, then before the Operator commences or continues (as applicable) to operate any Train Services for such Train Service Type, the Operator must: (i) amend the Operating Plan to the extent reasonably required to address the operation of Train Services for such additional Train Service Type or the operation of Train Services in accordance with such varied Train Service Description (as applicable); or (ii) if it reasonably determines that no amendments to the Operating Plan are required to address the operation of Train Services for such additional Train Service Type or the operation of Train Services in accordance with such varied Train Service Description (as applicable), notify Aurizon Network of that determination and the reasons for that determination. (c) Without limiting clause 20.2(a15.2(a), if, at any time, the Operator gives an Authorisation Request Notice to Aurizon Network in respect of a proposal to operate Train Services for a Train Service Type using Rollingstock Configurations which are not Authorised Rollingstock Configurations for that Train Service Type, the Operator must amend the Operating Plan to the extent reasonably required to address the operation of Train Services for that Train Service Type using such Rollingstock Configurations for that Train Service Type (assuming that they will become Authorised Rollingstock Configurations for the Train Service Type). (d) Without limiting clause 20.2(a15.2(a), if, at any time, the Operating Plan ceases to be consistent with the terms of this Agreement or any document that the Operator is required under this Agreement to comply with, then: (i) the Operator must amend the Operating Plan to the extent reasonably required to address the inconsistency; and (ii) without limiting clause 20.2(d)(i15.2(d)(i), if Aurizon Network becomes aware of the inconsistency, then Aurizon Network must notify the Operator of the inconsistency. (e) If the Operator intends, or is required under clause 20.2(b15.2(b), 20.2(c15.2(c) or 20.2(d15.2(d), to amend the Operating Plan, it must submit to Aurizon Network for Aurizon Network’s approval full details of each proposed amendment to the Operating Plan and the Operator’s reasons for each proposed amendment. (f) Aurizon Network may only withhold its approval of any amendments to the Operating Plan submitted under clause 20.2(e15.2(e) if Aurizon Network is not reasonably satisfied that the Operating Plan, as amended, will comply with clause 20.1(a15.1(a). (g) Within 20 Business Days after receipt of any amendments to the Operating Plan submitted under clause 20.2(e15.2(e), Aurizon Network must notify the Operator whether or not it approves of the amendments to the Operating Plan. (h) If Aurizon Network does not notify the Operator whether or not it approves of an amendment to the Operating Plan submitted under clause 20.2(e15.2(e) within the time required by clause 20.2(g15.2(g), Aurizon Network will be taken to have withheld its approval of the amendments to the Operating Plan. (i) If Aurizon Network withholds (or is taken to have withheld) its approval of any amendments to the Operating Plan: (i) the Operator may give Aurizon Network a Dispute Notice that disputes the withholding of approval of the amendments to the Operating Plan in accordance with clause 3732; and (ii) if a Dispute is not resolved in accordance with clause 37.232.2, then the Parties must refer the Dispute to an Expert to determine whether or not the Operating Plan, as amended, complies with clause 20.1(a15.1(a). (j) Subject to clause 20.2(k15.2(k), an amendment to the Operating Plan takes effect on the day that: (i) Aurizon Network notifies the Operator that it approves of the amendment to the Operating Plan under clause 20.2(g15.2(g); or (ii) if clause 20.2(i15.2(i) applies, it is agreed or determined through the Dispute resolution process under clause 37 32 that the Operating Plan, as amended, complies with clause 20.1(a15.1(a). (k) An amendment to the Operating Plan required under clause 20.2(c15.2(c) takes effect on the later of: (i) the day that: (A) Aurizon Network notifies the Operator that it approves of the amendment to the Operating Plan under clause 20.2(g15.2(g); or (B) if clause 20.2(i15.2(i) applies, it is agreed or determined through the Dispute resolution process under clause 37 32 that the Operating Plan, as amended, complies with clause 20.1(a15.1(a); and (ii) the day that relevant Rollingstock Configurations for the Train Service Type become Authorised Rollingstock Configurations for that Train Service Type. (l) No amendment to the Operating Plan is effective unless: (i) approved by Aurizon Network under this clause 20.215.2; or (ii) if clause 20.2(i15.2(i) applies, it is agreed or determined through the Dispute resolution process under clause 37 32 that the Operating Plan, as amended, complies with clause 20.1(a15.1(a).

Approval of amendments to Operating Plan. ‌ (a) The Operator may amend the Operating Plan from time to time provided that the End User must ensure that the Operator complies with this clause 20.219.2. (b) Without limiting clause 20.2(a19.2(a), if schedule 2 is varied to include an additional Train Service Type or the Train Service Description for an existing Train Service Type is varied, then before the Operator commences or continues (as applicable) to operate any Train Services for such Train Service Type, the Operator End User must: (i) cause the Operator to amend the Operating Plan to the extent reasonably required to address the operation of Train Services for such additional Train Service Type or the operation of Train Services in accordance with such varied Train Service Description (as applicable); or (ii) if it the End User reasonably determines that no amendments to the Operating Plan are required to address the operation of Train Services for such additional Train Service Type or the operation of Train Services in accordance with such varied Train Service Description (as applicable), notify Aurizon Network of that determination and the reasons for that determination. (c) Without limiting clause 20.2(a19.2(a), if, at any time, the Operator End User gives an Authorisation Request Notice to Aurizon Network in respect of a proposal to operate Train Services for a Train Service Type using Rollingstock Configurations which are not Authorised Rollingstock Configurations for that Train Service Type, the End User must cause the Operator must to amend the Operating Plan to the extent reasonably required to address the operation of Train Services for that Train Service Type using such Rollingstock Configurations for that Train Service Type (assuming that they will become Authorised Rollingstock Configurations for the Train Service Type). (d) Without limiting clause 20.2(a19.2(a), if, at any time, the Operating Plan ceases to be consistent with the terms of this Agreement or any document that the Operator End User is required under this Agreement to comply with, then: (i) the End User must cause the Operator must to amend the Operating Plan to the extent reasonably required to address the inconsistency; and (ii) without limiting clause 20.2(d)(i19.2(d)(i), if Aurizon Network becomes aware of the inconsistency, then Aurizon Network must notify the Operator of the inconsistency. (e) If the Operator intends, or is required under clause 20.2(b19.2(b), 20.2(c19.2(c) or 20.2(d19.2(d), to amend the Operating Plan, it the End User must cause the Operator to submit to Aurizon Network for Aurizon Network’s approval full details of each proposed amendment to the Operating Plan and the Operator’s reasons for each proposed amendment. (f) Aurizon Network may only withhold its approval of any amendments to the Operating Plan submitted under clause 20.2(e19.2(e) if Aurizon Network is not reasonably satisfied that the Operating Plan, as amended, will comply with clause 20.1(a19.1(a). (g) Within 20 Business Days after receipt of any amendments to the Operating Plan submitted under clause 20.2(e19.2(e), Aurizon Network must notify the Operator End User whether or not it approves of the amendments to the Operating Plan. (h) If Aurizon Network does not notify the Operator End User whether or not it approves of an amendment to the Operating Plan submitted under clause 20.2(e19.2(e) within the time required by clause 20.2(g19.2(g), Aurizon Network will be taken to have withheld its approval of the amendments to the Operating Plan. (i) If Aurizon Network withholds (or is taken to have withheld) its approval of any amendments to the Operating Plan: (i) the Operator End User may give Aurizon Network a Dispute Notice that disputes the withholding of approval of the amendments to the Operating Plan in accordance with clause 3736; and (ii) if a Dispute is not resolved in accordance with clause 37.236.2, then the Parties must refer the to Dispute to an Expert to determine whether or not the Operating Plan, as amended, complies with clause 20.1(a19.1(a). (j) Subject to clause 20.2(k19.2(k), an amendment to the Operating Plan takes effect on the day that: (i) Aurizon Network notifies the Operator End User that it approves of the amendment to the Operating Plan under clause 20.2(g19.2(g); or (ii) if clause 20.2(i19.2(i) applies, it is agreed or determined through the Dispute resolution process under clause 37 36 that the Operating Plan, as amended, complies with clause 20.1(a19.1(a). (k) An amendment to the Operating Plan required under clause 20.2(c19.2(c) takes effect on the later of: (i) the day that: (A) Aurizon Network notifies the Operator End User that it approves of the amendment to the Operating Plan under clause 20.2(g19.2(g); or (B) if clause 20.2(i19.2(i) applies, it is agreed or determined through the Dispute resolution process under clause 37 36 that the Operating Plan, as amended, complies with clause 20.1(a19.1(a); and (ii) the day that relevant Rollingstock Configurations for the Train Service Type become Authorised Rollingstock Configurations for that Train Service Type. (l) No amendment to the Operating Plan is effective unless: (i) approved by Aurizon Network under this clause 20.2; or19.2; (ii) if clause 20.2(i19.2(i) applies, it is agreed or determined through the Dispute resolution process under clause 37 36 that the Operating Plan, as amended, complies with clause 20.1(a19.1(a).

Approval of amendments to Operating Plan. ‌ (a) The Operator may amend the Operating Plan from time to time provided that the Operator complies with this clause 20.215.2. (b) Without limiting clause 20.2(a15.2(a), if schedule 2 is varied to include an additional Train Service Type or the Train Service Description for an existing Train Service Type is varied, then before the Operator commences or continues (as applicable) to operate any Train Services for such Train Service Type, the Operator must: (i) amend the Operating Plan to the extent reasonably required to address the operation of Train Services for such additional Train Service Type or the operation of Train Services in accordance with such varied Train Service Description (as applicable); or (ii) if it reasonably determines that no amendments to the Operating Plan are required to address the operation of Train Services for such additional Train Service Type or the operation of Train Services in accordance with such varied Train Service Description (as applicable), notify Aurizon Network of that determination and the reasons for that determination. (c) Without limiting clause 20.2(a15.2(a), if, at any time, the Operator gives an Authorisation Request Notice to Aurizon Network in respect of a proposal to operate Train Services for a Train Service Type using Rollingstock Configurations which are not Authorised Rollingstock Configurations for that Train Service Type, the Operator must amend the Operating Plan to the extent reasonably required to address the operation of Train Services for that Train Service Type using such Rollingstock Configurations for that Train Service Type (assuming that they will become Authorised Rollingstock Configurations for the Train Service Type). (d) Without limiting clause 20.2(a15.2(a), if, at any time, the Operating Plan ceases to be consistent with the terms of this Agreement or any document that the Operator is required under this Agreement to comply with, then: (i) the Operator must amend the Operating Plan to the extent reasonably required to address the inconsistency; and (ii) without limiting clause 20.2(d)(i15.2(d)(i), if Aurizon Network becomes aware of the inconsistency, then Aurizon Network must notify the Operator of the inconsistency. (e) If the Operator intends, or is required under clause 20.2(b15.2(b), 20.2(c15.2(c) or 20.2(d15.2(d), to amend the Operating Plan, it must submit to Aurizon Network for Aurizon Network’s approval full details of each proposed amendment to the Operating Plan and the Operator’s reasons for each proposed amendment. (f) Aurizon Network may only withhold its approval of any amendments to the Operating Plan submitted under clause 20.2(e15.2(e) if Aurizon Network is not reasonably satisfied that the Operating Plan, as amended, will comply with clause 20.1(a15.1(a). (g) Within 20 Business Days after receipt of any amendments to the Operating Plan submitted under clause 20.2(e15.2(e), Aurizon Network must notify the Operator whether or not it approves of the amendments to the Operating Plan. (h) If Aurizon Network does not notify the Operator whether or not it approves of an amendment to the Operating Plan submitted under clause 20.2(e15.2(e) within the time required by clause 20.2(g15.2(g), Aurizon Network will be taken to have withheld its approval of the amendments to the Operating Plan. (i) If Aurizon Network withholds (or is taken to have withheld) its approval of any amendments to the Operating Plan: (i) the Operator may give Aurizon Network a Dispute Notice that disputes the withholding of approval of the amendments to the Operating Plan in accordance with clause 3732; and (ii) if a Dispute is not resolved in accordance with clause 37.232.2, then the Parties must refer the Dispute to an Expert to determine whether or not the Operating Plan, as amended, complies with clause 20.1(a15.1(a). (j) Subject to clause 20.2(k15.2(k), an amendment to the Operating Plan takes effect on the day that: (i) Subject to clause 15.2(j), an amendment to the Operating Plan takes effect on the day that Aurizon Network notifies the Operator that it approves of the amendment to the Operating Plan under clause 20.2(g15.2(g); or (ii) if clause 20.2(i15.2(i) applies, it is agreed or determined through the Dispute resolution process under clause 37 32 that the Operating Plan, as amended, complies with clause 20.1(a15.1(a). (k) An amendment to the Operating Plan required under clause 20.2(c) takes effect on the later of: (i) the day that: (A) Aurizon Network notifies the Operator that it approves of the amendment to the Operating Plan under clause 20.2(g); or (B) if clause 20.2(i) applies, it is agreed or determined through the Dispute resolution process under clause 37 that the Operating Plan, as amended, complies with clause 20.1(a); and (ii) the day that relevant Rollingstock Configurations for the Train Service Type become Authorised Rollingstock Configurations for that Train Service Type. (l) No amendment to the Operating Plan is effective unless: (i) approved by Aurizon Network under this clause 20.2; or (ii) if clause 20.2(i) applies, it is agreed or determined through the Dispute resolution process under clause 37 that the Operating Plan, as amended, complies with clause 20.1(a).

Approval of amendments to Operating Plan. ‌ (a) The Operator may amend the Operating Plan from time to time provided that the Operator complies with this clause 20.215.2. (b) Without limiting clause 20.2(a15.2(a), if schedule 2 is varied to include an additional Train Service Type or the Train Service Description for an existing Train Service Type is varied, then before the Operator commences or continues (as applicable) to operate any Train Services for such Train Service Type, the Operator must: (i) amend the Operating Plan to the extent reasonably required to address the operation of Train Services for such additional Train Service Type or the operation of Train Services in accordance with such varied Train Service Description (as applicable); or (ii) if it reasonably determines that no amendments to the Operating Plan are required to address the operation of Train Services for such additional Train Service Type or the operation of Train Services in accordance with such varied Train Service Description (as applicable), notify Aurizon Network of that determination and the reasons for that determination. (c) Without limiting clause 20.2(a15.2(a), if, at any time, the Operator gives an Authorisation Request Notice to Aurizon Network in respect of a proposal to operate Train Services for a Train Service Type using Rollingstock Configurations which are not Authorised Rollingstock Configurations for that Train Service Type, the Operator must amend the Operating Plan to the extent reasonably required to address the operation of Train Services for that Train Service Type using such Rollingstock Configurations for that Train Service Type (assuming that they will become Authorised Rollingstock Configurations for the Train Service Type). (d) Without limiting clause 20.2(a15.2(a), if, at any time, the Operating Plan ceases to be consistent with the terms of this Agreement or any document that the Operator is required under this Agreement to comply with, then: (i) then the Operator must amend the Operating Plan to the extent reasonably required to address the inconsistency; and (ii) without limiting clause 20.2(d)(i), if Aurizon Network becomes aware of the inconsistency, then Aurizon Network must notify the Operator of the inconsistency. (e) If the Operator intends, or is required under clause 20.2(b15.2(b), 20.2(c15.2(c) or 20.2(d15.2(d), to amend the Operating Plan, it must submit to Aurizon Network for Aurizon Network’s approval full details of each proposed amendment to the Operating Plan and the Operator’s reasons for each proposed amendment. (f) Aurizon Network may only withhold its approval of any amendments to the Operating Plan submitted under clause 20.2(e15.2(e) if Aurizon Network is not reasonably satisfied that the Operating Plan, as amended, will comply with clause 20.1(a15.1(a). (g) Within 20 Business Days after receipt of any amendments to the Operating Plan submitted under clause 20.2(e15.2(e), Aurizon Network must notify the Operator whether or not it approves of the amendments to the Operating Plan. (h) If Aurizon Network does not notify the Operator whether or not it approves of an amendment to the Operating Plan submitted under clause 20.2(e15.2(e) within the time required by clause 20.2(g15.2(g), Aurizon Network will be taken to have withheld its approval of the amendments to the Operating Plan. (i) If Aurizon Network withholds (or is taken to have withheld) its approval of any amendments to the Operating Plan: (i) the Operator may give Aurizon Network a Dispute Notice that disputes the withholding of approval of the amendments to the Operating Plan in accordance with clause 37; and (ii) if a Dispute is not resolved in accordance with clause 37.2, then the Parties must refer the Dispute to an Expert to determine whether or not the Operating Plan, as amended, complies with clause 20.1(a). (j) Subject to clause 20.2(k15.2(j), an amendment to the Operating Plan takes effect on the day that: (i) that Aurizon Network notifies the Operator that it approves of the amendment to the Operating Plan under clause 20.2(g); or (ii) if clause 20.2(i) applies, it is agreed or determined through the Dispute resolution process under clause 37 that the Operating Plan, as amended, complies with clause 20.1(a15.2(g). (kj) An amendment to the Operating Plan required under clause 20.2(c15.2(c) takes effect on the later of: (i) the day that: (A) that Aurizon Network notifies the Operator that it approves of the amendment to the Operating Plan under clause 20.2(g); or (B) if clause 20.2(i) applies, it is agreed or determined through the Dispute resolution process under clause 37 that the Operating Plan, as amended, complies with clause 20.1(a15.2(g); and (ii) the day that relevant Rollingstock Configurations for the Train Service Type become Authorised Rollingstock Configurations for that Train Service Type. (lk) No amendment to the Operating Plan is effective unless: (i) unless approved by Aurizon Network under this clause 20.2; or (ii) if clause 20.2(i) applies, it is agreed or determined through the Dispute resolution process under clause 37 that the Operating Plan, as amended, complies with clause 20.1(a)15.2.

Approval of amendments to Operating Plan. ‌ (a) The Operator may amend the Operating Plan from time to time provided that the End User must ensure that the Operator complies with this clause 20.218.2. (b) Without limiting clause 20.2(a18.2(a), if schedule 2 is varied to include an additional Train Service Type or the Train Service Description for an existing Train Service Type is varied, then before the Operator commences or continues (as applicable) to operate any Train Services for such Train Service Type, the Operator End User must: (i) cause the Operator to amend the Operating Plan to the extent reasonably required to address the operation of Train Services for such additional Train Service Type or the operation of Train Services in accordance with such varied Train Service Description (as applicable); or (ii) if it the End User reasonably determines that no amendments to the Operating Plan are required to address the operation of Train Services for such additional Train Service Type or the operation of Train Services in accordance with such varied Train Service Description (as applicable), notify Aurizon Network of that determination and the reasons for that determination. (c) Without limiting clause 20.2(a18.2(a), if, at any time, the Operator End User gives an Authorisation Request Notice to Aurizon Network in respect of a proposal to operate Train Services for a Train Service Type using Rollingstock Configurations which are not Authorised Rollingstock Configurations for that Train Service Type, the End User must cause the Operator must to amend the Operating Plan to the extent reasonably required to address the operation of Train Services for that Train Service Type using such Rollingstock Configurations for that Train Service Type (assuming that they will become Authorised Rollingstock Configurations for the Train Service Type). (d) Without limiting clause 20.2(a18.2(a), if, at any time, the Operating Plan ceases to be consistent with the terms of this Agreement or any document that the Operator End User is required under this Agreement to comply with, then: (i) Aurizon Network must notify the End User and then the End User must cause the Operator must to amend the Operating Plan to the extent reasonably required to address the inconsistency; and (ii) without limiting clause 20.2(d)(i), if Aurizon Network becomes aware of the inconsistency, then Aurizon Network must notify the Operator of the inconsistency. (e) If the Operator intends, or is required under clause 20.2(b18.2(b), 20.2(c18.2(c) or 20.2(d18.2(d), to amend the Operating Plan, it the End User must cause the Operator to submit to Aurizon Network for Aurizon Network’s approval full details of each proposed amendment to the Operating Plan and the Operator’s reasons for each proposed amendment. (f) Aurizon Network may only withhold its approval of any amendments to the Operating Plan submitted under clause 20.2(e18.2(e) if Aurizon Network is not reasonably satisfied that the Operating Plan, as amended, will comply with clause 20.1(a18.1(a). (g) Within 20 Business Days after receipt of any amendments to the Operating Plan submitted under clause 20.2(e18.2(e), Aurizon Network must notify the Operator End User whether or not it approves of the amendments to the Operating Plan. (h) If Aurizon Network does not notify the Operator End User whether or not it approves of an amendment to the Operating Plan submitted under clause 20.2(e18.2(e) within the time required by clause 20.2(g18.2(g), Aurizon Network will be taken to have withheld its approval of the amendments to the Operating Plan. (i) If The provisions of clause 18.1(e) apply where Aurizon Network withholds (or is taken to have withheld) its approval of any amendments amendment to the Operating Plan: (i) the Operator may give Aurizon Network a Dispute Notice that disputes the withholding of approval of the amendments to the Operating Plan in accordance with clause 37; and (ii) if a Dispute is not resolved in accordance with clause 37.2, then the Parties must refer the Dispute to an Expert to determine whether or not the Operating Plan, as amended, complies with clause 20.1(a). (j) Subject to clause 20.2(k18.2(k), an amendment to the Operating Plan takes effect on the day that: (i) that Aurizon Network notifies the Operator End User that it approves of the amendment to the Operating Plan under clause 20.2(g18.2(g) or if the matter is referred as a Dispute under clause 18.2(i); or (ii) , if clause 20.2(i) applies, and when it is agreed or determined through the Dispute resolution process under clause 37 that the Operating Plan, as amended, complies with clause 20.1(a18.1(a). (k) An amendment to the Operating Plan required under clause 20.2(c18.2(c) takes effect on the later of: (i) the day that: (A) that Aurizon Network notifies the Operator End User that it approves of the amendment to the Operating Plan under clause 20.2(g18.2(g) or if the matter is referred as a Dispute under clause 18.2(i); or (B) , if clause 20.2(i) applies, and when it is agreed or determined through the Dispute resolution process under clause 37 that the Operating Plan, as amended, complies with clause 20.1(a18.1(a); and (ii) the day that relevant Rollingstock Configurations for the Train Service Type become Authorised Rollingstock Configurations for that Train Service Type. (l) No amendment to the Operating Plan is effective unless: (i) unless approved by Aurizon Network under this clause 20.2; or (ii) 18.2 or if the matter is referred as a Dispute under clause 20.2(i) applies18.2(i), if and when it is agreed or determined through the Dispute resolution process under clause 37 that the Operating Plan, as amended, complies with clause 20.1(a18.1(a).

Approval of amendments to Operating Plan. ‌ (a) The Operator may amend the Operating Plan from time to time provided that the Operator complies with this clause 20.219.2. (b) Without limiting clause 20.2(a19.2(a), if schedule 2 is varied to include an additional Train Service Type or the Train Service Description for an existing Train Service Type is varied, then before the Operator commences or continues (as applicable) to operate any Train Services for such Train Service Type, the Operator must: (i) amend the Operating Plan to the extent reasonably required to address the operation of Train Services for such additional Train Service Type or the operation of Train Services in accordance with such varied Train Service Description (as applicable); or (ii) if it reasonably determines that no amendments to the Operating Plan are required to address the operation of Train Services for such additional Train Service Type or the operation of Train Services in accordance with such varied Train Service Description (as applicable), notify Aurizon Network of that determination and the reasons for that determination. (c) Without limiting clause 20.2(a19.2(a), if, at any time, the Operator gives an Authorisation Request Notice to Aurizon Network in respect of a proposal to operate Train Services for a Train Service Type using Rollingstock Configurations which are not Authorised Rollingstock Configurations for that Train Service Type, the Operator must amend the Operating Plan to the extent reasonably required to address the operation of Train Services for that Train Service Type using such Rollingstock Configurations for that Train Service Type (assuming that they will become Authorised Rollingstock Configurations for the Train Service Type). (d) Without limiting clause 20.2(a19.2(a), if, at any time, the Operating Plan ceases to be consistent with the terms of this Agreement or any document that the Operator is required under this Agreement to comply with, then: (i) then the Operator must amend the Operating Plan to the extent reasonably required to address the inconsistency; and (ii) without limiting clause 20.2(d)(i), if Aurizon Network becomes aware of the inconsistency, then Aurizon Network must notify the Operator of the inconsistency. (e) If the Operator intends, or is required under clause 20.2(b19.2(b), 20.2(c19.2(c) or 20.2(d19.2(d), to amend the Operating Plan, it must submit to Aurizon Network for Aurizon Network’s approval full details of each proposed amendment to the Operating Plan and the Operator’s reasons for each proposed amendment. (f) Aurizon Network may only withhold its approval of any amendments to the Operating Plan submitted under clause 20.2(e19.2(e) if Aurizon Network is not reasonably satisfied that the Operating Plan, as amended, will comply with clause 20.1(a19.1(a). (g) Within 20 Business Days after receipt of any amendments to the Operating Plan submitted under clause 20.2(e19.2(e), Aurizon Network must notify the Operator whether or not it approves of the amendments to the Operating Plan. (h) If Aurizon Network does not notify the Operator whether or not it approves of an amendment to the Operating Plan submitted under clause 20.2(e19.2(e) within the time required by clause 20.2(g19.2(g), Aurizon Network will be taken to have withheld its approval of the amendments to the Operating Plan. (i) If Aurizon Network withholds (or is taken to have withheld) its approval of any amendments to the Operating Plan: (i) the Operator may give Aurizon Network a Dispute Notice that disputes the withholding of approval of the amendments to the Operating Plan in accordance with clause 37; and (ii) if a Dispute is not resolved in accordance with clause 37.2, then the Parties must refer the Dispute to an Expert to determine whether or not the Operating Plan, as amended, complies with clause 20.1(a). (j) Subject to clause 20.2(k19.2(j), an amendment to the Operating Plan takes effect on the day that: (i) that Aurizon Network notifies the Operator that it approves of the amendment to the Operating Plan under clause 20.2(g); or (ii) if clause 20.2(i) applies, it is agreed or determined through the Dispute resolution process under clause 37 that the Operating Plan, as amended, complies with clause 20.1(a19.2(g). (kj) An amendment to the Operating Plan required under clause 20.2(c19.2(c) takes effect on the later of: (i) the day that: (A) that Aurizon Network notifies the Operator that it approves of the amendment to the Operating Plan under clause 20.2(g); or (B) if clause 20.2(i) applies, it is agreed or determined through the Dispute resolution process under clause 37 that the Operating Plan, as amended, complies with clause 20.1(a19.2(g); and (ii) the day that relevant Rollingstock Configurations for the Train Service Type become Authorised Rollingstock Configurations for that Train Service Type. (lk) No amendment to the Operating Plan is effective unless: (i) unless approved by Aurizon Network under this clause 20.2; or (ii) if clause 20.2(i) applies, it is agreed or determined through the Dispute resolution process under clause 37 that the Operating Plan, as amended, complies with clause 20.1(a)19.2.

Approval of amendments to Operating Plan. ‌ (a) The Operator may amend the Operating Plan from time to time provided that the End User must ensure that the Operator complies with this clause 20.218.2. (b) Without limiting clause 20.2(a18.2(a), if schedule 2 is varied to include an additional Train Service Type or the Train Service Description for an existing Train Service Type is varied, then before the Operator commences or continues (as applicable) to operate any Train Services for such Train Service Type, the Operator End User must: (i) cause the Operator to amend the Operating Plan to the extent reasonably required to address the operation of Train Services for such additional Train Service Type or the operation of Train Services in accordance with such varied Train Service Description (as applicable); or (ii) if it the End User reasonably determines that no amendments to the Operating Plan are required to address the operation of Train Services for such additional Train Service Type or the operation of Train Services in accordance with such varied Train Service Description (as applicable), notify Aurizon Network of that determination and the reasons for that determination. (c) Without limiting clause 20.2(a18.2(a), if, at any time, the Operator End User gives an Authorisation Request Notice to Aurizon Network in respect of a proposal to operate Train Services for a Train Service Type using Rollingstock Configurations which are not Authorised Rollingstock Configurations for that Train Service Type, the End User must cause the Operator must to amend the Operating Plan to the extent reasonably required to address the operation of Train Services for that Train Service Type using such Rollingstock Configurations for that Train Service Type (assuming that they will become Authorised Rollingstock Configurations for the Train Service Type). (d) Without limiting clause 20.2(a18.2(a), if, at any time, the Operating Plan ceases to be consistent with the terms of this Agreement or any document that the Operator End User is required under this Agreement to comply with, then: (i) then the End User must cause the Operator must to amend the Operating Plan to the extent reasonably required to address the inconsistency; and (ii) without limiting clause 20.2(d)(i), if Aurizon Network becomes aware of the inconsistency, then Aurizon Network must notify the Operator of the inconsistency. (e) If the Operator intends, or is required under clause 20.2(b18.2(b), 20.2(c18.2(c) or 20.2(d18.2(d), to amend the Operating Plan, it the End User must cause the Operator to submit to Aurizon Network for Aurizon Network’s approval full details of each proposed amendment to the Operating Plan and the Operator’s reasons for each proposed amendment. (f) Aurizon Network may only withhold its approval of any amendments to the Operating Plan submitted under clause 20.2(e18.2(e) if Aurizon Network is not reasonably satisfied that the Operating Plan, as amended, will comply with clause 20.1(a18.1(a). (g) Within 20 Business Days after receipt of any amendments to the Operating Plan submitted under clause 20.2(e18.2(e), Aurizon Network must notify the Operator End User whether or not it approves of the amendments to the Operating Plan. (h) If Aurizon Network does not notify the Operator End User whether or not it approves of an amendment to the Operating Plan submitted under clause 20.2(e18.2(e) within the time required by clause 20.2(g18.2(g), Aurizon Network will be taken to have withheld its approval of the amendments to the Operating Plan. (i) If Aurizon Network withholds (or is taken to have withheld) its approval of any amendments to the Operating Plan: (i) the Operator may give Aurizon Network a Dispute Notice that disputes the withholding of approval of the amendments to the Operating Plan in accordance with clause 37; and (ii) if a Dispute is not resolved in accordance with clause 37.2, then the Parties must refer the Dispute to an Expert to determine whether or not the Operating Plan, as amended, complies with clause 20.1(a). (j) Subject to clause 20.2(k18.2(j), an amendment to the Operating Plan takes effect on the day that: (i) that Aurizon Network notifies the Operator End User that it approves of the amendment to the Operating Plan under clause 20.2(g); or (ii) if clause 20.2(i) applies, it is agreed or determined through the Dispute resolution process under clause 37 that the Operating Plan, as amended, complies with clause 20.1(a18.2(g). (kj) An amendment to the Operating Plan required under clause 20.2(c18.2(c) takes effect on the later of: (i) the day that: (A) that Aurizon Network notifies the Operator End User that it approves of the amendment to the Operating Plan under clause 20.2(g); or (B) if clause 20.2(i) applies, it is agreed or determined through the Dispute resolution process under clause 37 that the Operating Plan, as amended, complies with clause 20.1(a18.2(g); and (ii) the day that relevant Rollingstock Configurations for the Train Service Type become Authorised Rollingstock Configurations for that Train Service Type. (lk) No amendment to the Operating Plan is effective unless: (i) unless approved by Aurizon Network under this clause 20.2; or (ii) if clause 20.2(i) applies, it is agreed or determined through the Dispute resolution process under clause 37 that the Operating Plan, as amended, complies with clause 20.1(a)18.2.

Approval of amendments to Operating Plan. ‌ (a) The Operator may amend the Operating Plan from time to time provided that the End User must ensure that the Operator complies with this clause 20.218.2.19.2. (b) Without limiting clause 20.2(a18.219.2(a), if schedule 2 is varied to include an additional Train Service Type or the Train Service Description for an existing Train Service Type is varied, then before the Operator commences or continues (as applicable) to operate any Train Services for such Train Service Type, the Operator End User must: (i) cause the Operator to amend the Operating Plan to the extent reasonably required to address the operation of Train Services for such additional Train Service Type or the operation of Train Services in accordance with such varied Train Service Description (as applicable); or (ii) if it the End User reasonably determines that no amendments to the Operating Plan are required to address the operation of Train Services for such additional Train Service Type or the operation of Train Services in accordance with such varied Train Service Description (as applicable), notify Aurizon Network of that determination and the reasons for that determination. (c) Without limiting clause 20.2(a18.219.2(a), if, at any time, the Operator End User gives an Authorisation Request Notice to Aurizon Network in respect of a proposal to operate Train Services for a Train Service Type using Rollingstock Configurations which are not Authorised Rollingstock Configurations for that Train Service Type, the End User must cause the Operator must to amend the Operating Plan to the extent reasonably required to address the operation of Train Services for that Train Service Type using such Rollingstock Configurations for that Train Service Type (assuming that they will become Authorised Rollingstock Configurations for the Train Service Type). (d) Without limiting clause 20.2(a), if, at any time, the Operating Plan ceases to be consistent with the terms of this Agreement or any document that the Operator is required under this Agreement to comply with, then: (i) the Operator must amend the Operating Plan to the extent reasonably required to address the inconsistency; and (ii) without limiting clause 20.2(d)(i), if Aurizon Network becomes aware of the inconsistency, then Aurizon Network must notify the Operator of the inconsistency. (e) If the Operator intends, or is required under clause 20.2(b), 20.2(c) or 20.2(d), to amend the Operating Plan, it must submit to Aurizon Network for Aurizon Network’s approval full details of each proposed amendment to the Operating Plan and the Operator’s reasons for each proposed amendment. (f) Aurizon Network may only withhold its approval of any amendments to the Operating Plan submitted under clause 20.2(e) if Aurizon Network is not reasonably satisfied that the Operating Plan, as amended, will comply with clause 20.1(a). (g) Within 20 Business Days after receipt of any amendments to the Operating Plan submitted under clause 20.2(e), Aurizon Network must notify the Operator whether or not it approves of the amendments to the Operating Plan. (h) If Aurizon Network does not notify the Operator whether or not it approves of an amendment to the Operating Plan submitted under clause 20.2(e) within the time required by clause 20.2(g), Aurizon Network will be taken to have withheld its approval of the amendments to the Operating Plan. (i) If Aurizon Network withholds (or is taken to have withheld) its approval of any amendments to the Operating Plan: (i) the Operator may give Aurizon Network a Dispute Notice that disputes the withholding of approval of the amendments to the Operating Plan in accordance with clause 37; and (ii) if a Dispute is not resolved in accordance with clause 37.2, then the Parties must refer the Dispute to an Expert to determine whether or not the Operating Plan, as amended, complies with clause 20.1(a). (j) Subject to clause 20.2(k), an amendment to the Operating Plan takes effect on the day that: (i) Aurizon Network notifies the Operator that it approves of the amendment to the Operating Plan under clause 20.2(g); or (ii) if clause 20.2(i) applies, it is agreed or determined through the Dispute resolution process under clause 37 that the Operating Plan, as amended, complies with clause 20.1(a). (k) An amendment to the Operating Plan required under clause 20.2(c) takes effect on the later of: (i) the day that: (A) Aurizon Network notifies the Operator that it approves of the amendment to the Operating Plan under clause 20.2(g); or (B) if clause 20.2(i) applies, it is agreed or determined through the Dispute resolution process under clause 37 that the Operating Plan, as amended, complies with clause 20.1(a); and (ii) the day that relevant Rollingstock Configurations for the Train Service Type become Authorised Rollingstock Configurations for that Train Service Type. (l) No amendment to the Operating Plan is effective unless: (i) approved by Aurizon Network under this clause 20.2; or (ii) if clause 20.2(i) applies, it is agreed or determined through the Dispute resolution process under clause 37 that the Operating Plan, as amended, complies with clause 20.1(a).