Consequences of a Variation Request Notice Clause Samples
The "Consequences of a Variation Request Notice" clause defines what happens after one party formally requests a change to the contract. Typically, this clause outlines the process for evaluating the requested variation, including any obligations for the other party to respond within a set timeframe and the potential for adjustments to the contract price, timeline, or scope. Its core function is to ensure that both parties understand the procedural and substantive effects of a variation request, thereby providing a clear framework for managing changes and minimizing disputes over contract modifications.
Consequences of a Variation Request Notice.
(a) The effective date of a Variation Request Notice is the latest of:
(i) the date specified in the Variation Request Notice in accordance with clause 10.2(c)(i);
(ii) the date the proposed Rollingstock Configuration for the Train Service Type specified in the ‘Authorisation Request Notice’ (as defined in the relevant Operator’s Train Operations Deed) becomes an ‘Authorised Rollingstock Configuration’ (as defined in the relevant Operator’s Train Operations Deed) for the Train Service Type; and
(iii) if the Access Holder elected in the relevant Notice of Enquiry to relinquish the Surplus Access Rights for the Train Service Type, the date the Access Holder pays Aurizon Network the SAR Relinquishment Fee for the Surplus Access Rights for the Train Service Type, (Variation Effective Date).
(b) If the Access Holder gives Aurizon Network a Variation Request Notice in respect of a Train Service Type and the Access Holder elected in the relevant Notice of Enquiry to relinquish the Surplus Access Rights for the Train Service Type, then with effect on the Variation Effective Date:
(i) the Maximum Payload for the Train Service Type will be taken to be varied to be the Proposed Maximum Payload for the Train Service Type (as specified in the relevant Notice of Enquiry);
(ii) the Nominal Payload for the Train Service Type will be taken to be varied to be the Revised Nominal Payload for the Train Service Type (as specified in the relevant Response Notice or, if clause 10.3
(a) applies, as agreed or determined through the Dispute resolution process under clause 28);
(iii) the Nominated Monthly Train Services for the Train Service Type will be taken to be varied to be the Revised Nominated Monthly Train Services for the Train Service Type (as specified in the relevant Response Notice or, if clause 10.3(a) applies, as agreed or determined through the Dispute resolution process under clause 28);
(iv) the Indicative Tonnage for the Train Service Type will remain unchanged; and
(v) the Surplus Access Rights for the Train Service Type (as specified in the relevant Response Notice or, if clause 10.3
(a) applies, as agreed or determined through the Dispute resolution process under clause 28) will be relinquished and will cease to form part of the Access Rights.
(c) If the Access Holder gives Aurizon Network a Variation Request Notice in respect of a Train Service Type and the Access Holder elected in the relevant Notice of Enquiry to maintain the Surplus Access Rights for the ...
Consequences of a Variation Request Notice. (a) The effective date of a Variation Request Notice is the latest of:
(i) the date specified in the Variation Request Notice in accordance with
(ii) the date the proposed Rollingstock Configuration for the Train Service Type specified in the ‘Authorisation Request Notice’ (as defined in the relevant Operator’s Train Operations Deed) becomes an ‘Authorised Rollingstock Configuration’ (as defined in the relevant Operator’s Train Operations Deed) for the Train Service Type; and
(iii) if the Access Holder elected in the relevant Notice of Enquiry to relinquish the Surplus Access Rights for the Train Service Type, the date the Access Holder pays Aurizon Network the SAR Relinquishment Fee for the Surplus Access Rights for the Train Service Type, (Variation Effective Date).