Amendment Notice. (a) Aurizon Network may, acting reasonably, amend a System Wide Requirement by the issue of a notice (Amendment Notice) to the Operator: (i) on safety groundsto ensure the ongoing safe operation of the Network, at any time without the consent of the Operator subject to providing reasonable notice of the proposed amendment and consulting with the Operator before its implementation; (ii) if required pursuant to a Material Change; or (iii) in any other circumstance (Discretionary System Amendment), subject to: (A) the Operator’s agreement to such proposed amendment (such agreement not to be unreasonably withheld or delayed); or (B) the other provisions of this clause 18. (b) An Amendment Notice must specify: (i) such details of the proposed amendments as reasonably necessary to: (A) properly inform the Operator of the terms of the proposed amendments; and (B) enable the Operator to assess the consequences for the Operator of the proposed amendments; (ii) whether the Amendment Notice is issued on the ground referred to in clause 18.1(a)(i), 18.1(a)(ii) or 18.1(a)(iii); and (iii) details of the proposed implementation date for the proposed amendments.
Appears in 1 contract
Samples: Train Operations Agreement
Amendment Notice. (a) Aurizon Network may, acting reasonably, amend a System Wide Requirement by the issue of a notice (Amendment Notice) to the Operator:
(i) on safety groundsto ensure the ongoing safe operation of the Networkgrounds, at any time without the consent of the Operator subject to providing reasonable notice of the proposed amendment and consulting with the Operator before its implementation;
(ii) if required pursuant to a Material Change; or
(iii) in any other circumstance (Discretionary System Amendment), subject to:
(A) the Operator’s agreement to such proposed amendment (such agreement not to be unreasonably withheld or delayed); or
(B) the other provisions of this clause 1822.
(b) An Amendment Notice must specify:
(i) such details of the proposed amendments as reasonably necessary to:
(A) properly inform the Operator of the terms of the proposed amendments; and
(B) enable the Operator to assess the consequences for the Operator of the proposed amendments;
(ii) whether the Amendment Notice is issued on the ground referred to in clause 18.1(a)(i22.1(a)(i), 18.1(a)(ii22.1(a)(ii) or 18.1(a)(iii22.1(a)(iii); and
(iii) details of the proposed implementation date for the proposed amendments.
Appears in 1 contract
Samples: Operator Access Agreement
Amendment Notice. (a) Aurizon Network may, acting reasonably, amend a System Wide Requirement by the issue of a notice (Amendment Notice) to the Operator:
(i) on safety groundsto ensure the ongoing safe operation of the Networkgrounds, at any time without the consent of the Operator subject to providing reasonable notice of the proposed amendment and consulting with the Operator before its implementation;
(ii) if required pursuant to a Material Change; or
(iii) in any other circumstance (Discretionary System Amendment), subject to:
(A) the Operator’s agreement to such proposed amendment (such agreement not to be unreasonably withheld or delayed); or
(B) the other provisions of this clause 18.
(b) An Amendment Notice must specify:
(i) such details of the proposed amendments as reasonably necessary to:
(A) properly inform the Operator of the terms of the proposed amendments; and
(B) enable the Operator to assess the consequences for the Operator of the proposed amendments;
(ii) whether the Amendment Notice is issued on the ground referred to in clause 18.1(a)(i), 18.1(a)(ii) or 18.1(a)(iii); and
(iii) details of the proposed implementation date for the proposed amendments.
Appears in 1 contract
Samples: Train Operations Agreement
Amendment Notice. (a) Aurizon Network may, acting reasonably, amend a System Wide Requirement by the issue of a notice (Amendment Notice) to the Operator:
(i) on safety groundsto to ensure the ongoing safe operation of the Network, at any time without the consent of the Operator subject to providing reasonable notice of the proposed amendment and consulting with the Operator before its implementation;
(ii) if required pursuant to a Material Change; or
(iii) in any other circumstance (Discretionary System Amendment), subject to:
(A) the Operator’s agreement to such proposed amendment (such agreement not to be unreasonably withheld or delayed); or
(B) the other provisions of this clause 18.
(b) An Amendment Notice must specify:
(i) such details of the proposed amendments as reasonably necessary to:
(A) properly inform the Operator of the terms of the proposed amendments; and
(B) enable the Operator to assess the consequences for the Operator of the proposed amendments;
(ii) whether the Amendment Notice is issued on the ground referred to in clause 18.1(a)(i), 18.1(a)(ii) or 18.1(a)(iii); and
(iii) details of the proposed implementation date for the proposed amendments.
Appears in 1 contract
Samples: Train Operations Agreement