Common use of Effect on Operator nominations Clause in Contracts

Effect on Operator nominations. (a) Within the later of: (i) two Business Days after the Capacity Assessment Notice is given to the End User; and (ii) if the End User gives the Aurizon Network a Dispute Notice referred to in clause 7.6(a) or the End User is otherwise invited to participate in the dispute resolution process under the relevant Other Conditional Access Holder’s Access Agreement in accordance with clause 7.6(d), two Business Days after the resolution of the Dispute, the End User may give notice to Aurizon Network and each affected Operator in accordance with clause 3.4(a) to vary the Access Rights which the End User has allocated to an Operator to take into account the variation to the Conditional Access Rights under this clause 7. (b) Except to the extent that the End User has given a notice as contemplated in clause 7.8(a) in respect of the variation to the Conditional Access Rights under this clause 7 for each affected Train Service Type, the variation to the Conditional Access Rights for each affected Train Service Type: (i) firstly, are deemed to reduce the Access Rights for that Train Service Type for which the End User has not nominated an Operator; and (ii) if, after the operation of clause 7.8(b)(i), there remains an Over- Allocation for the relevant Train Service Type, clause 3.6 applies in respect of that Over-Allocation. (c) As soon as practicable after the expiry of the period referred to in clause 7.8(a), Aurizon Network must, in respect of each Train Service Type affected by the variation to the Conditional Access Rights: (i) issue a notice to the End User setting out the changes to the “Nominated Monthly Train Services (for a 30 day Month)” set out in schedule 2 of this Agreement; and (ii) issue a notice to each affected Operator and the End User setting out the changes to the “Nominated Monthly Operational Rights (for a 30 day Month)” in schedule 2 of the relevant affected Operator’s Train Operations Agreement.

Effect on Operator nominations. (a) Within the later of: (i) two Business Days after the Capacity Assessment Notice is given to the End User; and (ii) if the End User gives the Aurizon Network a Dispute Notice referred to in clause 7.6(a) or the End User is otherwise invited to participate in the dispute resolution process under the relevant Other O ther Conditional Access Holder’s Access Agreement in accordance with clause 7.6(d), two Business Days after the resolution of the Dispute, the End User may give notice to Aurizon Network and each affected Operator in accordance with clause 3.4(a) to vary the Access Rights which the End User has allocated to an Operator to take into account the variation to the Conditional Access Rights under this clause 7. (b) Except to the extent that the End User has given a notice as contemplated in clause 7.8(a) in respect of the variation to the Conditional Access Rights under this clause 7 for each affected Train Service Type, the variation to the Conditional Access Rights for each affected Train Service Type: (i) firstly, are deemed to reduce the Access Rights for that Train Service Type for which the End User has not nominated an Operator; and (ii) if, after the operation of clause 7.8(b)(i), there remains an Over- Allocation for the relevant Train Service Type, clause 3.6 applies in respect of that Over-Allocation. (c) As soon as practicable after the expiry of the period referred to in clause 7.8(a), Aurizon Network must, in respect of each Train Service Type affected by the variation to the Conditional Access Rights: (i) issue a notice to the End User setting out the changes to the “Nominated Monthly Train Services (for a 30 day Month)” set out in schedule 2 of this Agreement; and (ii) issue a notice to each affected Operator and the End User setting out the changes to the “Nominated Monthly Operational Rights (for a 30 day Month)” in schedule 2 of the relevant affected Operator’s Train Operations Agreement.

Effect on Operator nominations. (a) Within the later of: (i) two Business Days after the Capacity Assessment Resumption Notice is given to the End User; and (ii) if the End User gives the Aurizon Network a Dispute Notice referred to in clause 7.6(a) or the End User is otherwise invited to participate in the dispute resolution process under the relevant Other Conditional Access Holder’s Access Agreement notice in accordance with clause 7.6(d)6.5 Disputing a proposed resumption, two Business Days after the resolution of the Dispute, the End User may give notice to Aurizon Network and each affected Operator in accordance with clause 3.4(a) to vary the Access Rights which the End User has allocated to an Operator to take into account the variation to the Conditional Resumed Access Rights under this clause 7Rights. (b) Except to the extent that the End User has given a notice as contemplated in clause 7.8(a6.7(a) in respect of the variation to the Conditional Resumed Access Rights under this clause 7 for each affected Train Service TypeRights, the variation to the Conditional Resumed Access Rights for each affected Train Service Type: (i) firstly, are deemed to reduce the Access Rights for that Train Service Type for which the End User has not nominated an Operator; and (ii) if, after the operation of clause 7.8(b)(i6.7(b)(i), there remains is an Over- Over-Allocation for the relevant Train Service Type, clause 3.6 applies in respect of that Over-Allocation. (c) As soon as practicable after the expiry of the period referred to in clause 7.8(a6.7(a), Aurizon Network must, in respect of each Train Service Type affected by the variation to the Conditional Resumed Access Rights: (i) issue a notice to the End User setting out the changes to the “Nominated Monthly Train Services (for a 30 day Month)” set out in schedule 2 of this Agreement; and (ii) issue a notice to each affected Operator and the End User setting out the changes to the “Nominated Monthly Operational Rights (for a 30 day Month)” in schedule 2 of the relevant affected Operator’s Train Operations Agreement.

Effect on Operator nominations. (a) Within the later of: (i) two Business Days after the Capacity Assessment Notice is given to the End UserUser;Access Holder in accordance with the Conditional Access Provisions which form part of this Agreement under clause 3; and (ii) if the End User gives givesAccess Holder disputes the Aurizon Network a Dispute DisputeCapacity Assessment Notice referred to in clause 7.6(a) or the End User is otherwise invited to participate in the dispute resolution process under the relevant Other Conditional Access Holder’s Access Agreement in accordance with clause 7.6(d),, two Business Days after the resolution of the Dispute, the End User UserAccess Holder may give notice to tonotify Aurizon Network and each affected Operator in accordance with clause 3.4(a3.4(a)4.5(a) to vary the Access Rights which the End User UserAccess Holder has allocated to an Operator to take into account the variation to the Conditional Access Rights under the Conditional Access Provisions which form part of this Agreement under clause 773. (b) Except to the extent that the End User UserAccess Holder has given a notice as contemplated in clause 7.8(a9.3(a) in respect of the variation to the Conditional Access Rights under thisthe Conditional Access Provisions which form part of this Agreement under clause 7 73 for each affected Train Service Type, the variation to the Conditional Access Rights for each affected Train Service Type: (i) firstly, are deemed to reduce the Access Rights for that Train Service Type for which the End User UserAccess Holder has not nominated an Operator; and (ii) if, after the operation of clause 7.8(b)(i7.8(b)(i)9.3(b)(i), there remains an Over- Over-Allocation for the relevant Train Service Type, clause 3.6 3.64.7 applies in respect of that Over-Allocation. (c) As soon as practicable after the expiry of the period referred to in clause 7.8(a), Aurizon Network must, in respect of each Train Service Type affected by the variation to the Conditional Access Rights: (i) issue a notice to the End User setting out the changes to the “Nominated Monthly Train Services (for a 30 day Month)” set out in schedule 2 of this Agreement; and (ii) issue a notice to each affected Operator and the End User setting out the changes to the “Nominated Monthly Operational Rights (for a 30 day Month)” in schedule 2 of the relevant affected Operator’s Train Operations Agreement.

Effect on Operator nominations. (a) Within the later of: (i) two Business Days after the Capacity Assessment Resumption Notice is given to the End User; and (ii) if the End User gives the Aurizon Network a Dispute Notice referred to in clause 7.6(a) or the End User is otherwise invited to participate in the dispute resolution process under the relevant Other Conditional Access Holder’s Access Agreement notice in accordance with clause 7.6(d)6.5 Disputing a proposed resumption, two Business Days after the resolution of the Dispute, the End User may give notice to Aurizon Network and each affected Operator in accordance with clause 3.4(a) to vary the Access Rights which the End User has allocated to an Operator to take into account the variation to the Conditional Resumed Access Rights under this clause 7Rights. (b) Except to the extent that the End User has given a notice as contemplated in clause 7.8(a6.7(a) in respect of the variation to the Conditional Resumed Access Rights under this clause 7 for each affected Train Service TypeRights, the variation to the Conditional Resumed Access Rights for each affected Train Service Type: (i) firstly, are deemed to reduce the Access Rights for that Train Service Type for which the End User has not nominated an Operator; and (ii) if, after the operation of clause 7.8(b)(i6.7(b)(i), there remains is an Over- Over-Allocation for the relevant Train Service Type, clause 3.6 applies in respect of that Over-Allocation. (c) As soon as practicable after the expiry of the period referred to in clause 7.8(a6.7(a), Aurizon Network must, in respect of each Train Service Type affected by the variation to the Conditional Resumed Access Rights: (i) issue a notice to the End User setting out the changes to the “Nominated Monthly Train Services (for a 30 day Month)” set out in schedule 2 of this Agreement; and (ii) issue a notice to each affected Operator and the End User setting out the changes to the “Nominated Monthly Operational Rights (for a 30 day Month)” in schedule 2 of the relevant affected Operator’s Train Operations Agreement.. 7 Reduction of Conditional Access Rights due to Capacity Shortfall