Entry into Access Agreement. (a) Within the six month period ending on the Due Date: (i) the Unit Holder (or its nominee) must enter into an Access Holder Access Agreement with Aurizon Network for the Access Agreement Term for the whole of the Nominated Access Rights for each Access Period during the Access Agreement Term; (ii) the Unit Holder must procure a Railway Operator, acceptable to Aurizon Network, to enter into an Operator Access Agreement with Aurizon Network for the Access Agreement Term for the whole of the Nominated Access Rights for each Access Period during the Access Agreement Term; or (iii) the Unit Holder must ensure that any number or combination of Access Agreements (provided that, in the case of an Operator Access Agreement, the Railway Operator is acceptable to Aurizon Network) are entered into with Aurizon Network for the Access Agreement Term which together are for the whole of the Nominated Access Rights for each Access Period during the Access Agreement Term. (b) For the purposes of clauses 3.1(a)(ii) and 3.1(a)(iii), Aurizon Network may only decide that a Railway Operator is not acceptable to Aurizon Network if Aurizon Network could refuse to enter into an Operator Access Agreement with the Railway Operator, on the basis of the suitability of, or some other criteria related to, the Railway Operator, under the then current Access Undertaking.
Appears in 3 contracts
Sources: User Funding – Umbrella Agreement, User Funding – Umbrella Agreement, User Funding – Umbrella Agreement