Common use of Operator’s Rights and Obligations Clause in Contracts

Operator’s Rights and Obligations. (a) The Operator may, within 15 Business Days after being given a Notice of Intention to Transfer by the Customer under clause 14.1(b), notify Aurizon Network that it considers that one or more of the following is not satisfied: (i) the Customer (and for the avoidance of doubt, if the Customer is comprised of more that one entity, each entity comprised in the Customer) is the sole end Customer of the Train Services operated by the Operator utilising the Nominated Access Rights; (ii) if the Customer is comprised of more than one entity, each entity comprised in the Customer has agreed to the giving of the Notice of Intention to Transfer; and (iii) the requirements specified in clause 14.2(h). (b) A notice given by the Operator under clause 14.3(a) must: (i) specify reasonable details of the Operator’s reasons for considering that each applicable matter specified in clause 14.3(a) is not satisfied; and (ii) be accompanied by reasonable supporting evidence. (c) If the Customer gives a Notice of Intention to Transfer under requested to do so by Aurizon Network enter into an agreement, in a form reasonably required by Aurizon Network, to vary the terms of this Agreement to address the relinquishment of the Nominated Access Rights (including, for the avoidance of doubt, variations to the Access Charge Rates).

Operator’s Rights and Obligations. (a) The Operator may, within 15 Business Days after being given a Notice of Intention to Transfer by the Customer under clause 14.1(b14.115.1(b), notify Aurizon Network that it considers that one or more of the following is not satisfied: (i) the Customer (and for the avoidance of doubt, if the Customer is comprised of more that one entity, each entity comprised in the Customer) is the sole end Customer of the Train Services operated by the Operator utilising the Nominated Access Rights; (ii) if the Customer is comprised of more than one entity, each entity comprised in the Customer has agreed to the giving of the Notice of Intention to Transfer; and (iii) the requirements specified in clause 14.2(h14.215.2(h). (b) A notice given by the Operator under clause 14.3(a14.315.3(a) must: (i) specify reasonable details of the Operator’s reasons for considering that each applicable matter specified in clause 14.3(a14.315.3(a) is not satisfied; and (ii) be accompanied by reasonable supporting evidence. (c) If the Customer gives a Notice of Intention to Transfer under clause 14.115.1(b), then the Operator must, at its cost, promptly after being requested to do so by Aurizon Network enter into an agreement, in a form reasonably required by Aurizon Network, to vary the terms of this Agreement to address the relinquishment of the Nominated Access Rights (including, for the avoidance of doubt, variations to the Access Charge Rates).

Operator’s Rights and Obligations. (a) The Operator may, within 15 Business Days after being given a Notice of Intention to Transfer by the Customer under clause 14.1(b15.1(b), notify Aurizon Network that it considers that one or more of the following is not satisfied: (i) the Customer (and for the avoidance of doubt, if the Customer is comprised of more that one entity, each entity comprised in the Customer) is the sole end Customer of the Train Services operated by the Operator utilising the Nominated Access Rights; (ii) if the Customer is comprised of more than one entity, each entity comprised in the Customer has agreed to the giving of the Notice of Intention to Transfer; and (iii) the requirements specified in clause 14.2(h15.2(h). (b) A notice given by the Operator under clause 14.3(a15.3(a) must: (i) specify reasonable details of the Operator’s reasons for considering that each applicable matter specified in clause 14.3(a15.3(a) is not satisfied; and (ii) be accompanied by reasonable supporting evidence. (c) If the Customer gives a Notice of Intention to Transfer under clause 15.1(b), then the Operator must, at its cost, promptly after being requested to do so by Aurizon Network enter into an agreement, in a form reasonably required by Aurizon Network, to vary the terms of this Agreement to address the relinquishment of the Nominated Access Rights (including, for the avoidance of doubt, variations to the Access Charge Rates).