Adjustment for a Material Change. (a) If there is no Reference Tariff applicable to the relevant Train Service under this Agreement then:
(i) if at any time after the date of this Agreement a Material Change occurs which affects the financial position of Aurizon Network or the cost to Aurizon Network of performing its obligations under this Agreement and/or the End User’s Access Agreement, Aurizon Network may notify the Operator, the End User and any other contracted operator of the End User, giving details of the Net Financial Effect of the Material Change;
(ii) within fourteen (14) days after receipt of a notice under Clause 17.2(a)(i), the Parties, the End User and each other contracted operator of the End User shall meet and negotiate in good faith any appropriate adjustments to the amounts payable under this Agreement in order to remove as far as practicable the Net Financial Effect of the Material Change and return Aurizon Network to the position it would have been in had it not been for the Material Change. If the Parties, the End User and any other contracted operator of the End User do not reach agreement within twenty (20) days of Aurizon Network’s notice, the matter will be referred to an expert for determination in accordance with Clause 18.3.
(b) If a Reference Tariff is applicable to the relevant Train Service under this Agreement then the relevant Reference Tariff Schedule will provide for the consequences of Material Change.
Adjustment for a Material Change. (a) If there is no Reference Tariff applicable to the relevant Train Service under this Agreement then:
(i) if at any time after the date of this Agreement a Material Change occurs which affects the financial position of QR or the cost to QR of performing its obligations under this Agreement, QR may notify the Access Holder giving details of the Net Financial Effect of the Material Change;
(ii) within fourteen (14) days after receipt of a notice under Clause 16.2(a)(i), the Parties shall meet and negotiate in good faith any appropriate adjustments to the amounts payable under this Agreement in order to remove as far as practicable the Net Financial Effect of the Material Change and return QR to the position it would have been in had it not been for the Material Change. If the Parties do not reach agreement within twenty (20) days of QR’s notice, the matter will be referred to an expert for determination in accordance with Clause 17.3.
(b) If a Reference Tariff is applicable to the relevant Train Service under this Agreement then the relevant Reference Tariff Schedule will provide for the consequences of Material Change.
Adjustment for a Material Change. (a) If there is no Reference Tariff applicable to the Train Services for a Train Service Type under this Agreement, then:
(i) if at any time after the Commencement Date a Material Change occurs which affects the financial position of Aurizon Network or the cost to Aurizon Network of performing its obligations or exercising its rights under this Agreement and/or a Train Operations Deed, then Aurizon Network must notify the Access Holder giving details of the Net Financial Effect on Aurizon Network of the Material Change;
(ii) within 10 Business Days after receipt of a notice under clause 23.1(a)(i), the Parties must meet and negotiate in good faith any appropriate adjustments to the amounts payable under this Agreement to remove as far as practicable the Net Financial Effect on Aurizon Network of the Material Change and return Aurizon Network to the position it would have been in had it not been for the Material Change; and
(iii) if the Parties have not agreed on the relevant adjustments within 15 Business Days after Aurizon Network’s notice, then either Party may refer the matter to an Expert for determination in accordance with clause 24.3.
(b) If there is a Reference Tariff applicable to the Train Services for a Train Service Type under this Agreement, then the relevant Reference Tariff Provisions which form part of this Agreement under clause 3 will provide for the consequences of Material Change.
Adjustment for a Material Change. (a) If there is no Reference Tariff applicable to the Train Services for a Train Service Type under this Agreement, then:
(i) if at any time after the Commencement Date a Material Change occurs which affects the financial position of Aurizon Network or the cost to Aurizon Network of performing its obligations or exercising its rights under this Agreement and/or a Train Operations Deed, then Aurizon Network must notify the Access Holder giving details of the Net Financial Effect on Aurizon Network of the Material Change;
(ii) within 10 Business Days after receipt of a notice under
(iii) if the Parties have not agreed on the relevant adjustments within 15 Business Days after Aurizon Network’s notice, then either Party may refer the matter to an Expert for determination in accordance with
(b) If there is a Reference Tariff applicable to the Train Services for a Train Service Type under this Agreement, then the relevant Reference Tariff Provisions which form part of this Agreement under clause 3 will provide for the consequences of Material Change.
Adjustment for a Material Change. (a) This clause 18.2 does not apply where a Reference Tariff applies or in relation to a Material Change to the extent that the Net Financial Effect of that Material Change has been, or will be, removed as a result of:
(i) amendments to schedule 3 in accordance with clause 18.1; or
(ii) the escalation or variation of Access Charge Inputs in accordance with this agreement.
(b) If a Material Change occurs, then Queensland Rail must as soon as reasonably practicable notify the Access Holder giving details of the Net Financial Effect of that Material Change.
(c) Within five Business Days after Queensland Rail gives a notice under clause 18.2(b), the Access Holder and Queensland Rail must meet and negotiate, in good faith, adjustments to this agreement, including adjustments to the Access Charges, in order to remove as far as practicable the relevant Net Financial Effect and to put Queensland Rail in the position it would have been in had there been no Material Change.
(d) If the Access Holder and Queensland Rail do not reach agreement within 15 Business Days after Queensland Rail’s notice under clause 18.2(b) or otherwise resolve the matter in accordance with clause 19.2, then the matter must be referred to an Expert for determination in accordance with clause 19.3.
(e) Each Party’s obligations under this agreement will continue despite the existence of a Material Change.
Adjustment for a Material Change. (a) If there is no Reference Tariff applicable to the relevant Train Service under this Agreement then:
(i) if at any time after the date of this Agreement a Material Change occurs which affects the financial position of QR Network or the cost to QR Network of performing its obligations under this Agreement, QR Network may notify the Access Holder giving details of the Net Financial Effect of the Material Change;
(ii) within fourteen (14) days after receipt of a notice under Clause 16.2(a)(i), the Parties shall meet and negotiate in good faith any appropriate adjustments to the amounts payable under this Agreement in order to remove as far as practicable the Net Financial Effect of the Material Change and return QR Network to the position it would have been in had it not been for the Material
Adjustment for a Material Change. (a) If there is no Reference Tariff applicable to the Train Services for a Train Service Type under this Agreement, then:
Adjustment for a Material Change. (a) If there is no Reference Tariff applicable to the Train Services for a Train Service Type under this Agreement, then:
(i) if at any time after the Commencement Date a Material Change occurs which directly affects the cost to Aurizon Network of performing its obligations or exercising its rights under this Agreement and/or a Train Operations Deed, then Aurizon Network must notify the Access Holder giving details of the Net Financial Effect on Aurizon Network of the Material Change;
(ii) within 10 Business Days after receipt of a notice under
(iii) if the Parties have not agreed on the relevant adjustments within 15 Business Days after Aurizon Network’s notice, then either Party may refer the matter to an Expert for determination in accordance with clause 24.3.
(b) If there is a Reference Tariff applicable to the Train Services for a Train Service Type under this Agreement, then the relevant Reference Tariff Provisions will provide for the consequences of Material Change.
Adjustment for a Material Change. This clause 18.2 does not apply where a Reference Tariff applies or in relation to a Material Change to the extent that the Net Financial Effect of that Material Change has been, or will be, removed as a result of: amendments to schedule 3 in accordance with clause 18.1; or the escalation or variation of Access Charge Inputs in accordance with this agreement. If a Material Change occurs, then Queensland Rail may must as soon as reasonably practicable notify the Operator Access Holder giving details of the Net Financial Effect of that Material Change. Within five Business Days after Queensland Rail gives a notice under clause 18.2(b), the Parties Access Holder and Queensland Rail must meet and negotiate, in good faith, adjustments to this agreement, including adjustments to the Access Charges, in order to remove as far as practicable the relevant Net Financial Effect and to put Queensland Rail in the position it would have been in had there been no Material Change.
Adjustment for a Material Change. (a) If at any time after the date of this Agreement a Material Change occurs which affects the financial position of RailCorp or the cost to RailCorp of performing its obligations under this Agreement, RailCorp may notify the Rail Operator giving details of the Net Financial Effect of the Material Change.
(b) Within 10 Business Days after receipt of a notice under clause 18.1(a), the parties shall meet and negotiation in good faith any appropriate adjustments to the amounts payable by the Rail Operator under this Agreement in order to remove as far as practicable the Net Financial Effect of the Material Change and return RailCorp to the position it would have been in had it not been for the Material Change. If the parties do not reach agreement within 20 Business Days of RailCorp's notice, the matter will be referred to an expert for determination in accordance with clause 16.3.
