Common use of Failure to consent to Commitment Variation Request Clause in Contracts

Failure to consent to Commitment Variation Request. (a) If: (i) Aurizon Network gives the Customer a Commitment Variation Request Notice; and (ii) within the applicable time required by clause 6.3(a), the Customer: (A) notifies Aurizon Network that it does not consent to the Commitment Variation Request specified in that Commitment Variation Request Notice; or (B) notifies, or is deemed under clause 6.4(a) to have notified, Aurizon Network that it consents to the Commitment Variation Request specified in the Commitment Variation Request Notice but does not deliver to Aurizon Network an additional or replacement Bank Guarantee as requested in that Commitment Variation Request Notice, then this Agreement will immediately terminate without the need for either Party to give notice of termination to the other Party. (b) If this Agreement terminates under clause 6.5(a), then: (i) Aurizon Network must notify each Other Customer that this Agreement has terminated under clause 6.5(a); (ii) despite the termination of this Agreement and without limiting clause 23.1, clauses 5, 10, 11, 13 and 15 will survive the termination of this Agreement, and will continue to apply, as if this Agreement had not been terminated (but in the case of clause 15, only in respect of Disputes referred to in clause 10); (iii) the Customer’s Study Commitment will be the Customer’s Study Commitment as at the date of termination of this Agreement; and (iv) for the purposes of clause 10, if the Scope of Works, Target Date and/or Target Study Costs are varied under clause 8 of an Other Funding Agreement, they will also be taken to be varied to be the same under this Agreement. (c) If an Other Funding Agreement terminates under clause 6.5(a) of the Other Funding Agreement, then: (i) Aurizon Network must notify the Customer that the Other Funding Agreement has terminated under clause 6.5(a) of that Other Funding Agreement; and (ii) for the purposes of this Agreement (other than clauses 5.3, 5.4 and 15.9 and schedule 7), on and from the date of termination of that Other Funding Agreement: (A) that Other Funding Agreement will cease to be an Other Funding Agreement; and (B) the Other Customer under that Other Funding Agreement will cease to be an Other Customer.

Failure to consent to Commitment Variation Request. (a) If: (i) Aurizon Network gives the Customer a Commitment Variation Request Notice; and (ii) within the applicable time required by clause 6.3(a), the Customer: (A) notifies Aurizon Network that it does not consent to the Commitment Variation Request specified in that Commitment Variation Request Notice; or (B) notifies, or is deemed under clause 6.4(a) to have notified, Aurizon Network that it consents to the Commitment Variation Request specified in the Commitment Variation Request Notice but does not deliver to Aurizon Network an additional or replacement Bank Guarantee as requested in that Commitment Variation Request Notice, then this Agreement will immediately terminate without the need for either Party to give notice of termination to the other Party. (b) If this Agreement terminates under clause 6.5(a), then: (i) Aurizon Network must notify each Other Customer that this Agreement has terminated under clause 6.5(a); (ii) despite the termination of this Agreement and without limiting clause 23.1, clauses 5, 10, 11, 13 and 15 will survive the termination of this Agreement, and will continue to apply, as if this Agreement had not been terminated (but in the case of clause 15, only in respect of Disputes referred to in clause 10); (iii) the Customer’s Study Segment Commitment for each Customer’s Segment will be the Customer’s Study Segment Commitment for each Customer’s Segment as at the date of termination of this Agreement; and (iv) for the purposes of clause 10, if the Scope of Works, Target Date and/or Target Study Costs for a Customer’s Segment are varied under clause 8 of an Other Funding Agreement, they will also be taken to be varied to be the same under this Agreement. (c) If an Other Funding Agreement terminates under clause 6.5(a) of the Other Funding Agreement, then: (i) Aurizon Network must notify the Customer that the Other Funding Agreement has terminated under clause 6.5(a) of that Other Funding Agreement; and (ii) for the purposes of this Agreement (other than clauses 5.3, 5.4 and 15.9 and schedule 7), on and from the date of termination of that Other Funding Agreement: (A) that Other Funding Agreement will cease to be an Other Funding Agreement; and; (B) the Other Customer under that Other Funding Agreement will cease to be an Other Customer; and (C) that Other Customer will cease to be an Other Segment Customer for any Customer’s Segment.