ADJUSTMENT CHARGES. Adjustment Charges will be applied as approved by the QCA, from time to time, and as determined, in accordance with Aurizon Network’s Access Undertaking.
ADJUSTMENT CHARGES. Adjustment Charges will be applied as approved by the QCA, from time to time, and as determined, in accordance with Aurizon Network’s Access Undertaking[, subject to also potentially being payable pursuant to clause 2.3(g)(iv) of this Agreement]. [Delete bracketed test if End User is paying all Access Charges] Insurance covering such liability as may arise at common law or by virtue of any relevant Workers Compensation legislation in respect of any End User’s Staff. To: Aurizon Network Pty Ltd (ACN 132 181 116) (Aurizon Network) At the request of [insert End User details] (ACN ### ### ###) (the End User) and in consideration of Aurizon Network accepting this undertaking in respect of the End User Access Agreement dated [insert date] for the grant of access rights for the operation of train services on the rail network provided by Aurizon Network (the Agreement) [insert details of bank (ABN)] (the Guarantor) unconditionally and irrevocably undertakes to pay to Aurizon Network on written demand any sum or sums which may from time to time be demanded by Aurizon Network under and in accordance with the Agreement (as amended from time to time) to a maximum aggregate sum of $[Security Amount]. Aurizon Network may not transfer, assign or novate its rights, benefits or obligations under this undertaking except to such persons, and to the extent that, Aurizon Network transfers, assigns or novates its rights, benefits or obligations under the Agreement to those people in accordance with the Agreement. The undertaking is to continue until:
(a) notification has been received from Aurizon Network that the sum is no longer required by Aurizon Network;
(b) this undertaking is returned to the Guarantor by Aurizon Network; or
(c) payment by the Guarantor to Aurizon Network of the whole of the sum, whichever occurs first.
ADJUSTMENT CHARGES. Adjustment Charges will be applied as approved by the QCA, from time to time, and as determined, in accordance with Aurizon Network’s Access Undertaking[, subject to also potentially being payable pursuant to clause 2.3(g)(iv) of this Agreement]. [Delete bracketed test if End User is paying all Access Charges] Insurance covering such liability as may arise at common law or by virtue of any relevant Workers Compensation legislation in respect of any End User’s Staff.
ADJUSTMENT CHARGES. Adjustment Charges will be applied as approved by the QCA, from time to time, and as determined, in accordance with QRAurizon Network’s Access Undertaking. Schedule 2 Schedule 3 AUTHORISED ROLLINGSTOCK AND ROLLINGSTOCK CONFIGURATIONS AUTHORISED ROLLINGSTOCK AND ROLLINGSTOCK CONFIGURATIONS
ADJUSTMENT CHARGES. Adjustment Charges will be applied as approved by the QCA, from time to time, and as determined, in accordance with QR Network’s Access Undertaking. Schedule 4 Insurance
ADJUSTMENT CHARGES. Deleted: Aurizon Network’s Deleted: B Deleted: Aurizon Network
ADJUSTMENT CHARGES. Adjustment Charges will be applied as approved by the QCA, from time to time, and as determined, in accordance with QRAurizon Network’s Access Undertaking.[, subject to also potentially being payable pursuant to clause 2.3(g)(iv) of this Agreement]. [Delete bracketed test if End User is paying all Access Charges] Schedule 4 Insurance Schedule 4 Required InsurancesRequired Insurance
(a) Public liability insurance
(i) to cover the legal liability of the insured arising out of or in connection with the performance of this Agreement by the End User whether in respect of injury to or death of any person other than the insured or an employee of the insured or loss of or damage to any property other than property owned by the insured in a sum insured of not less than THREE HUNDRED AND FIFTY MILLION DOLLARS ($350,000,000) and with a self-insured retention not to exceed [to be inserted] for any one loss or an aggregate deductible of not more than [to be inserted];
(ii) to include cover in respect of personal injury or property damage arising out of the discharge, dispersal, release or escape of smoke, vapours, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any water course or body of water where such discharge, dispersal, release or escape is caused by a sudden, unexpected, unintended and accidental happening which occurs on a definitely identifiable date; and
(iii) to cover the End User’s rail operations and associated activities on the Nominated Network.
(b) Employees - Insurance covering such liability as may arise at common law or by virtue of any relevant Workers Compensation legislation in respect of any End User’s Staff.
(c) Carrier liability insurance in relation to the legal liability of the insured arising out of the transport of goods by Train Services on behalf of the End User in accordance with this Agreement to a sum insured of not less than TEN MILLION DOLLARS ($10,000,000) and with a deductible not to exceed [to be inserted] for any one loss.
ADJUSTMENT CHARGES. If the $80,000,000 minimum revenue commitment that QRS agrees to achieve over the contract period of this Agreement is not met, the adjustment charge will be calculated by using the following adjustment charge calculation table: *Indicates that material has been omitted and confidential treatment has been requested therefore. All such omitted material has been filed separately with the Commission pursuant to Rule 24b-2.
ADJUSTMENT CHARGES. Adjustment Charges will be applied as approved by the QCA, from time to time, and as determined, in accordance with Queensland Rail’s Access Undertaking. Formatted: Font: Bold Deleted: ALT1 is the Ntk allocated charge for the relevant Billing Period for the relevant Train Service type which is calculated by the formula:¶ (AT3 * NTK) / 1000¶ Where¶ AT3 is the amount specified as AT3 in Table 1.1 of this Schedule 3 for the relevant Train Service type as escalated for the relevant Billing Period; and¶ NTK is the sum of the Ntk of all relevant Train Services (loaded and empty) operated for the relevant Billing Period on the basis of the Ntk for each individual Train Service operated being determined in accordance with Clause 2.5 of this Schedule 3;¶ ALT2 is the net tonne allocated charge for the relevant Billing Period for the relevant Train Service type which is calculated by the formula:¶ AT4 * NT ¶ Where¶ ...
ADJUSTMENT CHARGES. Adjustment Charges will be applied as approved by the QCA, from time to time, and as determined, in accordance with QR Network’s Access Undertaking. 18724028 18724028 Insurance covering such liability as may arise at common law or by virtue of any relevant Workers Compensation legislation in respect of any End User’s Staff.
