Common use of Adjustment for a Material Change Clause in Contracts

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 Aurizon Network or the cost to Aurizon Network of performing its obligations under this Agreement and/or the End User’s Access a Train Operations Agreement, Aurizon Network may notify the Operator, the End User [and any other contracted operator of the End User, each Operator] 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)(i10.2(a)(i), the Parties, the End User Parties [and each other contracted operator of the End User Operator] shall meet and negotiate in good faith any appropriate adjustments to the amounts payable under this Agreement [and the Train Operations 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 Parties [and any other contracted operator of the End User each Operator] 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 18.3.11.3. [Square bracketed text in (a)(i)-(ii) is only included where End User is only paying TOP Charges] (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 Services for a Train Service Type under this Agreement Agreement, then: (i) if at any time after the date of this Agreement 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 the End User’s Access Agreementa Train Operations Deed, then Aurizon Network may must notify the Operator, the End User and any other contracted operator of the End User, Access Holder giving details of the Net Financial Effect on Aurizon Network of the Material Change;Change;‌ (ii) within fourteen (14) days 10 Business Days after receipt of a notice under Clause 17.2(a)(iunder (a) (i), the Parties, the End User and each other contracted operator of the End User shall Parties must 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 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. If ; and (iii) if the Parties, Parties have not agreed on the End User and any other contracted operator of the End User do not reach agreement relevant adjustments within twenty (20) days of 15 Business Days after Aurizon Network’s notice, then either Party may refer the matter will be referred to an expert Expert for determination in accordance with Clause 18.3clause 28.3. (b) If there is a Reference Tariff is applicable to the relevant Train Services for a Train Service Type under this Agreement Agreement, then the relevant Reference Tariff Schedule 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 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 QR Network or the cost to Aurizon QR Network of performing its obligations under this Agreement and/or the End User’s Access Agreement, Aurizon QR Network may notify the Operator, the End User and any other contracted operator of the End User, Operator 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 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 Aurizon QR 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 Parties do not reach agreement within twenty (20) days of Aurizon QR 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. (c) QR Network may not give a notice under this clause 17.2 in respect of a Material Change to the extent it has given, or proposes to give, a notice to the End User under clause 10.2 of the General Conditions of Contract of the End User Access Agreement in respect of that 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 Aurizon QR Network or the cost to Aurizon QR Network of performing its obligations under this Agreement and/or the End User’s Access a Train Operations Agreement, Aurizon QR 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)(i10.2(a)(i), the Parties, the End User and each other contracted operator of the End User 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 Aurizon QR 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 Parties do not reach agreement within twenty (20) days of Aurizon QR Network’s notice, the matter will be referred to an expert for determination in accordance with Clause 18.311.3. (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. (c) [Where End User is only paying TOP Charges] QR Network may not give a notice under clause 10.2 in respect of a Material Charge to the extent it has given, or proposes to give, a notice to an Operator under clause 17 of the General Conditions of Contract of the Train Operations Agreement in respect of that same Material Change.

Adjustment for a Material Change. (a) If there is no Reference Tariff applicable to the relevant Train Service under this Agreement then:: Formatted: Font: Times New Roman, 6 pt (i) if at any time after the date of this Agreement a Material Change occurs which affects the financial position of Aurizon Network Queensland Rail or the cost to Aurizon Network Queensland Rail of performing its obligations under this Agreement and/or the End User’s Access a Train Operations Agreement, Aurizon Network Queensland Rail may notify the Operator, the End User [and any other contracted operator of the End User, each Operator] 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)(i10.2(a)(i), the Parties, the End User Parties [and each other contracted operator of the End User Operator] shall meet and negotiate in good faith any appropriate adjustments to the amounts payable under this Agreement [and the Train Operations Agreement] in order to remove as far as practicable the Net Financial Effect of the Material Change and return Aurizon Network Queensland Rail to the position it would have been in had it not been for the Material Change. If the Parties, the End User Parties [and any other contracted operator of the End User each Operator] do not reach agreement within twenty (20) days of Aurizon NetworkQueensland Rail’s notice, the matter will be referred to an expert for determination in accordance with Clause 18.3.11.3. [Square bracketed text in (a)(i)-(ii) is only included where End User is only paying TOP Charges] (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 Aurizon QRAurizon Network or the cost to Aurizon QRAurizon Network of performing its obligations under this Agreement and/or the End User’s Access a Train Operations Agreement, Aurizon QRAurizon Network may notify the Operator, the End User [and any other contracted operator of the End User, each Operator] 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)(i10.2(a)(i), the Parties, the End User Parties [and each other contracted operator of the End User Operator] shall meet and negotiate in good faith any appropriate adjustments to the amounts payable under this Agreement [and the Train Operations Agreement] in order to remove as far as practicable the Net Financial Effect of the Material Change and return Aurizon QRAurizon 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 Parties[and each Operator] do not reach agreement within twenty (20) days of Aurizon QRAurizon Network’s notice, the matter will be referred to an expert for determination in accordance with Clause 18.3.11.3. [Square bracketed text in (a)(i)-(ii) is only included where End User is only paying TOP Charges] (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 Aurizon QRAurizon Network or the cost to Aurizon QRAurizon Network of performing its obligations under this Agreement and/or the anthe End User’s Access Agreement, Aurizon QRAurizon 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 QRAurizon 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 QRAurizon 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 Aurizon Network or the cost to Aurizon Network of performing its obligations under this Agreement and/or the End User’s Access a Train Operations Agreement, Aurizon Network may notify the Operator, the End User [and any other contracted operator of the End User, each Operator] 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)(i10.2(a)(i), the Parties, the End User Parties [and each other contracted operator of the End User Operator] shall meet and negotiate in good faith any appropriate adjustments to the amounts payable under this Agreement [and the Train Operations 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 Parties[and each Operator] 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 18.3.11.3. [Square bracketed text in (a)(i)-(ii) is only included where End User is only paying TOP Charges] (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.