Assignment by Aurizon Network. Aurizon Network may Assign the whole or any part of its rights or obligations under this Agreement without the prior consent of the Operator provided that Aurizon Network procures the Assignee to covenant with the Operator by deed to be bound by and to perform the obligations of Aurizon Network under this Agreement to the extent of the rights and obligations Assigned to the Assignee. Upon the Assignee entering into that deed Aurizon Network will be released and discharged from further liability under this Agreement in respect of the obligations which the Assignee has undertaken under that deed to be bound by and to perform.
Assignment by Aurizon Network.
(a) Aurizon Network may Assign the whole or any part of its rights or obligations under this Agreement without the prior consent of the Access Holder, provided that:
(i) the Assignee is Accredited; and
(ii) Aurizon Network procures that the Assignee covenants with the Access Holder by deed to be bound by and to perform the obligations of Aurizon Network under this Agreement to the extent of the rights and obligations Assigned to the Assignee.
(b) On the Assignee entering into the deed referred to in clause 33.1(a), Aurizon Network is released and discharged from further liability under this Agreement in respect of the obligations which the Assignee has undertaken under that deed to be bound by and to perform.
Assignment by Aurizon Network. (a) Aurizon Network may assign all or part of its rights and liabilities under a Transaction Document in accordance with clause [16.4] of the Integrated Network Deed.
(b) The Parties must, promptly upon demand by Aurizon Network, execute a deed of assignment and assumption or a deed of novation in a form acceptable to Aurizon Network (acting reasonably) to give effect to the transfer of any rights or liabilities of Aurizon Network permitted under this clause 11.4.
Assignment by Aurizon Network. (a) If an entity will acquire all of Aurizon Network’s interest in the parts of the Railway Network which include the Segments, Aurizon Network must transfer all of its rights and liabilities under this Agreement to that entity at the time that the entity acquires Aurizon Network’s interest in the relevant parts of the Railway Network.
(b) If an entity will acquire an undivided interest in the parts of the Railway Network which include the Segments, Aurizon Network must transfer to that entity a proportion of its rights and liabilities under this Agreement equivalent to that entity’s undivided interest in the relevant parts of the Railway Network at the time that the entity acquires the interest in the relevant parts of the Railway Network.
(c) The Parties must, promptly upon demand by Aurizon Network, execute a deed of assignment and assumption or a deed of novation in a form acceptable to Aurizon Network (acting reasonably) to give effect to the transfer of any rights or liabilities of Aurizon Network required under this clause 12.5.
Assignment by Aurizon Network. (a) Aurizon Network may Assign the whole or any part of its rights or obligations under this Agreement without the prior consent of the Access Holder, provided that:
Assignment by Aurizon Network. (a) Aurizon Network may, provided it is not in breach of any of its obligations under this Agreement, assign or transfer (Assign) the whole or any part of its rights and obligations under this Agreement with the prior consent of the Study Funder, provided that such consent will not be withheld if:
(i) the Study Funder, acting reasonably, is satisfied that the assignee is financially sound and is otherwise capable of performing the obligations of Aurizon Network under this Agreement; and
(ii) the assignee covenants with the Study Funder by deed in a form acceptable to the Study Funder (acting reasonably), to be bound by and to perform all of the obligations of Aurizon Network under this Agreement.
(b) Any Assignment by Aurizon Network of its rights and obligations under clause 19.2(a) will be conditional upon, and will not take effect until, the requirements of clause 19.2(a) have been satisfied. Aurizon Network will be released and discharged from further liability under this Agreement in respect of the obligations which the assignee has undertaken to be bound by and to perform.
Assignment by Aurizon Network. (a) Aurizon Network may assign or transfer (Assign) the whole or any part of its rights and obligations under this Agreement without the prior consent of the Customer on notice to the Customer advising it of the effective date of the Assignment.
(b) Upon the assignee covenanting with the Customer to be bound by and to perform the obligations of Aurizon Network under this Agreement to the extent of the rights and obligations Assigned to the assignee, Aurizon Network will be released and discharged from further liability under this Agreement in respect of the obligations which the assignee has undertaken to be bound by and to perform.
Assignment by Aurizon Network. (a) Aurizon Network may assign and transfer all (and not part only) of its rights and obligations under this Deed to another person provided that:
(i) Aurizon Network also assigns and transfers at the same time to the proposed transferee:
(A) if Aurizon Network is an “Ordinary Unit Holder”, its “Ordinary Unit” (each as defined in the Unit Holders Deed) in accordance with the requirements of the Unit Holders Deed;
(B) all of Aurizon Network’s rights and obligations under any Sublease, any Land Licence and the other Transaction Documents (other than, if Aurizon Network is a Preference Unit Holder, Aurizon Network’s Preference Units and its rights and obligations as a Preference Unit Holder under the Unit Holders Deed), in accordance with the requirements of the Transaction Documents;
(C) all of Aurizon Network’s rights and obligations under the Land Lease, in accordance with the requirements of the Land Lease;
(D) all of Aurizon Network’s rights and obligations under the Infrastructure Lease, in accordance with the requirements of the Infrastructure Lease; and
(E) all of Aurizon Network's rights and obligations under the Extension Infrastructure Head-Lease, any Other Extension Infrastructure Head-Lease, any Other Integrated Network Deed and any "Sublease" and any "Land Licence" (as defined in an Other Integrated Network Deed); and
(ii) the proposed transferee has provided to each other Party a duly executed deed, in a form reasonably required by the other Parties, under which the proposed transferee undertakes to each other Party to assume the rights, and be bound by the obligations (including accrued obligations), of Aurizon Network under this Deed as if it were Aurizon Network.
(b) Aurizon Network must not:
(i) if Aurizon Network is an “Ordinary Unit Holder”, transfer its “Ordinary Unit” (each as defined in the Unit Holders Deed);
(ii) assign or transfer any of Aurizon Network’s rights and obligations under any Sublease, any Land Licence or the other Transaction Documents (other than, if Aurizon Network is a Preference Unit Holder, Aurizon Network’s Preference Units and its rights and obligations as a Preference Unit Holder under the Unit Holders Deed);
(iii) assign or transfer any of Aurizon Network’s rights and obligations under the Land Lease;
(iv) assign or transfer any of Aurizon Network’s rights and obligations under the Infrastructure Lease; or
(v) assign or transfer any of Aurizon Network's rights and obligations under the Extension Infrastructure ...
Assignment by Aurizon Network. (a) Aurizon Network may assign or transfer (Assign) the whole or any part of its rights and obligations under this Agreement without the prior consent of the Study Funder on notice to the Study Funder advising it of the effective date of the Assignment.
(b) Upon the assignee covenanting with the Study Funder to be bound by and to perform the obligations of Aurizon Network under this Agreement to the extent of the rights and obligations Assigned to the assignee, Aurizon Network will be released and discharged from further liability under this Agreement in respect of the obligations which the assignee has undertaken to be bound by and to perform.
Assignment by Aurizon Network. Aurizon Network may Assign the whole or any part of its rights or obligations under this Agreement without the prior consent of the End User, provided that Aurizon Network procures that the Assignee covenants with the End User by deed to be bound by and to perform the obligations of Aurizon Network under this Agreement to the extent of the rights and obligations Assigned to the Assignee.
