Common use of Access Seeker Initiated Reviews Clause in Contracts

Access Seeker Initiated Reviews. (a) Subject to clause 5.3(d) an Access Seeker may request that the Multiplex Licensee review the applicable fixed recurring charges to ensure consistency with the Pricing Principles, including adjustments to reflect: (i) actual expenditure incurred by the Multiplex Licensee when compared with the forecasted or estimated costs; (ii) changes in the costs incurred by the Multiplex Licensee; (iii) changes in the consumer price index; and (iv) technological developments that change the cost of supplying the Multiplex Transmission Service or the number of Access Seekers that can be accommodated by the Multiplex Licensee, (Access Seeker Initiated Review). (b) The Access Seeker must, for the duration of the Access Seeker Initiated Review, continue to pay the fixed recurring charges that are applicable at the time of commencement of the Access Seeker Initiated Review. (c) The Access Seeker must provide the Multiplex Licensee with notice that it wishes to commence an Access Seeker Initiated Review. (d) A Multiplex Licensee is not obliged to accept an Access Seeker Initiated Review pursuant to clause 5.3(a) if: (i) the Access Seeker Initiated Review is lodged within a period that is less than 2 years from the date of completion of a previous review of the fixed recurring charges pursuant to clause 5.2 or 5.3 (as the case may be); or (ii) at the time of lodgement of the Access Seeker Initiated Review by the Access Seeker: (A) the Multiplex Licensee has given notice pursuant to clause 5.2(c) of a Multiplex Licensee Initiated Review and that review has not yet been completed; or (B) another Access Seeker has already given notice pursuant to clause 5.3(c) of an Access Seeker Initiated Review and that review has not yet been completed. (e) If the Multiplex Licensee receives a valid request for an Access Seeker Initiated Review (as determined in accordance with clause 5.3(d)), the Multiplex Licensee will, within 30 days of receipt of such a request (or such other period as may be agreed between the Parties): (i) provide the Access Seeker that lodged the valid request for an Access Seeker Initiated Review with the following: (A) an estimate of the fixed recurring charges that it reasonably considers should apply following the completion of the Access Seeker Initiated Review; (B) the reasons for any proposed changes in the level of the fixed recurring charges, as described in clauses 5.3(a)(i)-5.3(a)(iv); (C) such data that the Multiplex Licensee, acting reasonably and in good faith, considers is reasonably necessary for the Access Seeker to verify that the fixed recurring charges estimated by the Multiplex Licensee are consistent with the Pricing Principles; and (D) such other information that the Multiplex Licensee considers appropriate; and (ii) provide all other Access Seekers with the following: (A) a notice that an Access Seeker Initiated Review has been lodged by an Access Seeker; and (B) the same information provided to the Access Seeker that lodged the request for an Access Seeker Initiated Review, as described in clauses 5.3(e)(i)(A) - 5.3(e)(i)(D). (f) Within 30 days of receipt of the information described in clause 5.3(e)(i), each Access Seeker may (but is not obliged to) provide the Multiplex Licensee with any views or comments it may have in respect of the fixed recurring charges estimated by the Multiplex Licensee. (g) The Multiplex Licensee will consider any views or comments received from each Access Seeker under clause 5.3(f) in good faith. The Multiplex Licensee may revise the fixed recurring charges, if, after having considered any such views or comments in good faith, it forms the opinion that it is necessary to revise the fixed recurring charges to ensure consistency with the Pricing Principles. (h) Within 30 days of the expiry of the 30 day period described in clause 5.3(f), the Multiplex Licensee will provide all Access Seekers with written notice of the fixed recurring charges that are to apply as a consequence of the completion of the Access Seeker Initiated Review. Such fixed recurring charges will take effect from the next applicable billing period (Price Adjustment Date). (i) All Access Seekers must pay the fixed recurring charges that are applicable from the Price Adjustment Date. (j) If a dispute is notified under the Dispute Resolution Procedures in connection with an Access Seeker Initiated Review: (i) all Access Seekers must continue to pay the fixed recurring charges applicable from the Price Adjustment Date for the duration of any dispute notified under the Dispute Resolution Procedures; and (ii) if the dispute is resolved in a manner that requires: (A) an increase in the level of fixed recurring charges paid or payable by Access Seekers since the Price Adjustment Date, the Multiplex Licensee may invoice the Access Seekers for the unpaid portion of the fixed recurring charges in a later invoice; or (B) a decrease in the level of fixed recurring charges paid or payable by Access Seekers since the Price Adjustment Date, the Multiplex Licensee must repay the overpaid portion of the fixed recurring charges to the Access Seekers.

Access Seeker Initiated Reviews. (a) Subject to clause 5.3(d) an Access Seeker may request that the Multiplex Licensee review the applicable fixed recurring charges to ensure consistency with the Pricing Principles, including but not limited to adjustments to reflect: (i) actual expenditure incurred by the Multiplex Licensee when compared with the forecasted or estimated costs; (ii) changes in the costs incurred by the Multiplex Licensee; (iii) changes in the consumer price index; and (iv) technological developments that change the cost of supplying the Multiplex Transmission Service or the number of Access Seekers that can be accommodated by the Multiplex Licensee, (Access Seeker Initiated Review). (b) The Access Seeker must, for the duration of the Access Seeker Initiated Review, continue to pay the fixed recurring charges that are applicable at the time of commencement of the Access Seeker Initiated Review. (c) The Access Seeker must provide the Multiplex Licensee with notice that it wishes to commence an Access Seeker Initiated Review. (d) A Multiplex Licensee is not obliged to accept an Access Seeker Initiated Review pursuant to clause 5.3(a) ifin the event that: (i) the Access Seeker Initiated Review is lodged within a period that is less than 2 years from the date of completion of a previous review of the fixed recurring charges pursuant to clause 5.2 or 5.3 (as the case may be); or (ii) at the time of lodgement of the Access Seeker Initiated Review by the Access Seeker: (A) the Multiplex Licensee has given notice pursuant to clause 5.2(c) of a Multiplex Licensee Initiated Review and that review has not yet been completed; or (B) another Access Seeker has already given notice pursuant to clause 5.3(c) of an Access Seeker Initiated Review and that review has not yet been completed. (e) If the Multiplex Licensee receives a valid request for an Access Seeker Initiated Review (as determined in accordance with clause 5.3(d)), the Multiplex Licensee will, within 30 days of receipt of such a request (or such other period as may be agreed between the Parties): (i) provide the Access Seeker that lodged the valid request for an Access Seeker Initiated Review with the following: (A) an estimate of the fixed recurring charges that it reasonably considers should apply following the completion of the Access Seeker Initiated Review; (B) the reasons for any proposed changes in the level of the fixed recurring charges, as described in clauses 5.3(a)(i)-5.3(a)(iv); (C) such data that the Multiplex Licensee, acting reasonably and in good faith, considers is reasonably necessary for the Access Seeker to verify that the fixed recurring charges estimated by the Multiplex Licensee are consistent with the Pricing Principles; and (D) such other information that the Multiplex Licensee considers appropriate; and (ii) provide all other Access Seekers with the following: (A) a notice that an Access Seeker Initiated Review has been lodged by an Access Seeker; and (B) the same information provided to the Access Seeker that lodged the request for an Access Seeker Initiated Review, as described in clauses 5.3(e)(i)(A) - 5.3(e)(i)(D). (f) Within 30 days of receipt of the information described in clause 5.3(e)(i), each Access Seeker may (but is not obliged to) provide the Multiplex Licensee with any views or comments it may have in respect of the fixed recurring charges estimated by the Multiplex Licensee. (g) The Multiplex Licensee will consider any views or comments received from each Access Seeker under clause 5.3(f) in good faith. The Multiplex Licensee may revise the fixed recurring charges, if, after having considered any such views or comments in good faith, it forms the opinion that it is necessary to revise the fixed recurring charges to ensure consistency with the Pricing Principles. (h) Within 30 days of the expiry of the 30 day period described in clause 5.3(f), the Multiplex Licensee will provide all Access Seekers with written notice of the fixed recurring charges that are to apply as a consequence of the completion of the Access Seeker Initiated Review. Such fixed recurring charges will take effect from the next applicable billing period (Price Adjustment Date). (i) All Access Seekers must pay the fixed recurring charges that are applicable from the Price Adjustment Date. (j) If a dispute is notified under the Dispute Resolution Procedures in connection with an Access Seeker Initiated Review: (i) all Access Seekers must continue to pay the fixed recurring charges applicable from the Price Adjustment Date for the duration of any dispute notified under the Dispute Resolution Procedures; and (ii) if the dispute is resolved in a manner that requires: (A) an increase in the level of fixed recurring charges paid or payable by Access Seekers since the Price Adjustment Date, the Multiplex Licensee may invoice the Access Seekers for the unpaid portion of the fixed recurring charges in a later invoice; or (B) a decrease in the level of fixed recurring charges paid or payable by Access Seekers since the Price Adjustment Date, the Multiplex Licensee must repay the overpaid portion of the fixed recurring charges to the Access Seekers.

Access Seeker Initiated Reviews. (a) Subject to clause 5.3(d5.2(d) an Access Seeker may request that the Multiplex Licensee review the applicable fixed recurring charges to ensure consistency with the Pricing Principles, including adjustments to reflect: (i) actual expenditure incurred by the Multiplex Licensee when compared with the forecasted or estimated costs; (ii) changes in the costs incurred by the Multiplex Licensee; (iii) changes in the consumer price index; and (iv) technological developments that change the cost of supplying the Multiplex Transmission Service or the number of Access Seekers that can be accommodated by the Multiplex Licensee, (Access Seeker Initiated Review). (b) The Access Seeker must, for the duration of the Access Seeker Initiated Review, continue to pay the fixed recurring charges that are applicable at the time of commencement of the Access Seeker Initiated Review. (c) The Access Seeker must provide the Multiplex Licensee with notice that it wishes to commence an Access Seeker Initiated Review. (d) A Multiplex Licensee is not obliged to accept an Access Seeker Initiated Review pursuant to clause 5.3(a) if: (i) the Access Seeker Initiated Review is lodged within a period that is less than 2 years from the date of completion of a previous review of the fixed recurring charges pursuant to clause 5.2 or 5.3 (as the case may be); or (ii) at the time of lodgement of the Access Seeker Initiated Review by the Access Seeker: (A) the Multiplex Licensee has given notice pursuant to clause 5.2(c) of a Multiplex Licensee Initiated Review and that review has not yet been completed; or (B) another Access Seeker has already given notice pursuant to clause 5.3(c) of an Access Seeker Initiated Review and that review has not yet been completed. (e) If the Multiplex Licensee receives a valid request for an Access Seeker Initiated Review (as determined in accordance with clause 5.3(d)), the Multiplex Licensee will, within 30 days of receipt of such a request (or such other period as may be agreed between the Parties): (i) provide the Access Seeker that lodged the valid request for an Access Seeker Initiated Review with the following: (A) an estimate of the fixed recurring charges that it reasonably considers should apply following the completion of the Access Seeker Initiated Review; (B) the reasons for any proposed changes in the level of the fixed recurring charges, as described in clauses 5.3(a)(i)-5.3(a)(iv); (C) such data that the Multiplex Licensee, acting reasonably and in good faith, considers is reasonably necessary for the Access Seeker to verify that the fixed recurring charges estimated by the Multiplex Licensee are consistent with the Pricing Principles; and (D) such other information that the Multiplex Licensee considers appropriate; and (ii) provide all other Access Seekers with the following: (A) a notice that an Access Seeker Initiated Review has been lodged by an Access Seeker; and (B) the same information provided to the Access Seeker that lodged the request for an Access Seeker Initiated Review, as described in clauses 5.3(e)(i)(A5.3(i)(A) - 5.3(e)(i)(D– 5.3(i)(D). (f) Within 30 days of receipt of the information described in clause 5.3(e)(i), each Access Seeker may (but is not obliged to) provide the Multiplex Licensee with any views or comments it may have in respect of the fixed recurring charges estimated by the Multiplex Licensee. (g) The Multiplex Licensee will consider any views or comments received from each Access Seeker under clause 5.3(f) in good faith. The Multiplex Licensee may revise the fixed recurring charges, if, after having considered any such views or comments in good faith, it forms the opinion that it is necessary to revise the fixed recurring charges to ensure consistency with the Pricing Principles. (h) Within 30 days of the expiry of the 30 30-day period described in clause 5.3(f), the Multiplex Licensee will provide all Access Seekers with written notice of the fixed recurring charges that are to apply as a consequence of the completion of the Access Seeker Initiated Review. Such fixed recurring charges will take effect from the next applicable billing period (Price Adjustment Date). (i) All Access Seekers must pay the fixed recurring charges that are applicable from the Price Adjustment Date. (j) If a dispute is notified under the Dispute Resolution Procedures in connection with an Access Seeker Initiated Review: (i) all Access Seekers must continue to pay the fixed recurring charges applicable from the Price Adjustment Date for the duration of any dispute notified under the Dispute Resolution Procedures; and (ii) if the dispute is resolved in a manner that requires: (A) an increase in the level of fixed recurring charges paid or payable by Access Seekers since the Price Adjustment Date, the Multiplex Licensee may invoice the Access Seekers for the unpaid portion of the fixed recurring charges in a later invoice; or (B) a decrease in the level of fixed recurring charges paid or payable by Access Seekers since the Price Adjustment Date, the Multiplex Licensee must repay the overpaid portion of the fixed recurring charges to the Access Seekers.

Access Seeker Initiated Reviews. (a) Subject to clause 5.3(d) an Access Seeker may request that the Multiplex Licensee review the applicable fixed recurring charges to ensure consistency with the Pricing Principles, including but not limited to adjustments to reflect: (i) actual expenditure incurred by the Multiplex Licensee when compared with the forecasted or estimated costs; (ii) changes in the costs incurred by the Multiplex Licensee; (iii) changes in the consumer price index; and (iv) technological developments that change the cost of supplying the Multiplex Transmission Service or the number of Access Seekers that can be accommodated by the Multiplex Licensee, (Access Seeker Initiated Review). (b) The Access Seeker must, for the duration of the Access Seeker Initiated Review, continue to pay the fixed recurring charges that are applicable at the time of commencement of the Access Seeker Initiated Review. (c) The Access Seeker must provide the Multiplex Licensee with notice that it wishes to commence an Access Seeker Initiated Review. (d) A Multiplex Licensee is not obliged to accept an Access Seeker Initiated Review pursuant to clause 5.3(a) ifin the event that: (i) the Access Seeker Initiated Review is lodged within a period that is less than 2 years from the date of completion of a previous review of the fixed recurring charges pursuant to clause 5.2 or 5.3 (as the case may be); or (ii) at the time of lodgement of the Access Seeker Initiated Review by the Access Seeker: (A) the Multiplex Licensee has given notice pursuant to clause 5.2(c) of a Multiplex Licensee Initiated Review and that review has not yet been completed; or (B) another Access Seeker has already given give notice pursuant to clause 5.3(c) of an Access Seeker Initiated Review and that review has not yet been completed. (e) If In the event that the Multiplex Licensee receives a valid request for an Access Seeker Initiated Review (as determined in accordance with clause 5.3(d)), the Multiplex Licensee will, within 30 days of receipt of such a request (or such other period as may be agreed between the Parties): (i) provide the Access Seeker that lodged the valid request for an Access Seeker Initiated Review with the following: (A) an estimate of the fixed recurring charges that it reasonably considers should apply following the completion of the Access Seeker Initiated Review; (B) the reasons for any proposed changes in the level of the fixed recurring charges, as described in clauses 5.3(a)(i)-5.3(a)(iv); (C) such data that the Multiplex Licensee, acting reasonably and in good faith, considers is reasonably necessary for the Access Seeker to verify that the fixed recurring charges estimated by the Multiplex Licensee are consistent with the Pricing Principles, including but not limited to data setting out the various cost elements described in clauses 3.2 and 3.4; and (D) such other information that the Multiplex Licensee considers appropriate; and (ii) provide all other Access Seekers with the following: (A) a notice that an Access Seeker Initiated Review has been lodged by an Access Seeker; and (B) the same information provided to the Access Seeker that lodged the request for an Access Seeker Initiated Review, as described in clauses 5.3(e)(i)(A) - 5.3(e)(i)(D). (f) Within 30 days of receipt of the information described in clause 5.3(e)(i), each Access Seeker may (but is not obliged to) provide the Multiplex Licensee with any views or comments it may have in respect of the fixed recurring charges estimated by the Multiplex Licensee. (g) The Multiplex Licensee will consider any views or comments received from each Access Seeker under clause 5.3(f) in good faith. The Multiplex Licensee may revise the fixed recurring charges, if, after having considered any such views or comments in good faith, it forms the opinion that it is necessary to revise the fixed recurring charges to ensure consistency with the Pricing Principles. (h) Within 30 days of the expiry of the 30 day period described in clause 5.3(f), the Multiplex Licensee will provide all Access Seekers with written notice of the fixed recurring charges that are to apply as a consequence of the completion of the Access Seeker Initiated Review. Such fixed recurring charges will take effect from the next applicable billing period (Price Adjustment Date). For the avoidance of doubt, an Access Seeker Initiated Review is deemed to have been completed on the date that the Multiplex Licensee issues a notice under this clause 5.3(h). (i) All For the avoidance of doubt: (i) all Access Seekers must must: (A) pay the fixed recurring charges that are applicable from the Price Adjustment Date.; and (jB) If a dispute is notified under the Dispute Resolution Procedures in connection with an Access Seeker Initiated Review: (i) all Access Seekers must continue to pay the those fixed recurring charges applicable from the Price Adjustment Date for the duration of any dispute notified under the Dispute Resolution Procedures; and (ii) if in the event that the dispute is resolved in a manner that requires: (A) an increase in the level of fixed recurring charges paid or payable by Access Seekers since the Price Adjustment Date, the Multiplex Licensee may invoice the Access Seekers for the unpaid portion of the fixed recurring charges in a later invoice; or (B) a decrease in the level of fixed recurring charges paid or payable by Access Seekers since the Price Adjustment Date, the Multiplex Licensee must repay the overpaid portion of the fixed recurring charges to the Access Seekers.