Common use of Assignment by the End User Clause in Contracts

Assignment by the End User. (a) Subject to the following provisions of this Clause 15.2, the End User shall not Assign its rights or obligations, or any part thereof, under this Agreement without the prior written consent of Aurizon Network, which consent may not be unreasonably withheld. (b) The End User may, provided it is not in default in the performance or observance of any of its obligations under this Agreement, Assign the whole of its rights and obligations under this Agreement to: (i) a Related Body Corporate of the End User which is capable of performing the obligations of the End User under this Agreement provided that the End User shall remain liable for the performance of the duties, responsibilities and obligations assumed by the Assignee and provided however that performance by the Assignee will pro tanto discharge the End User from liability for performance of those duties, responsibilities and obligations that are Assigned; or (ii) a person other than a Related Body Corporate of the End User with the prior written consent of Aurizon Network, provided that such consent will not be unreasonably withheld if Aurizon Network is satisfied that such person: (A) is financially sound; and (B) is otherwise capable of performing the obligations of the End User under this Agreement.

Assignment by the End User. (a) Subject to the following provisions of this Clause 15.2, the End User shall not Assign its rights or obligations, or any part thereof, under this Agreement without the prior written consent of Aurizon QR Network, which consent may not be unreasonably withheld. (b) The End User may, provided it is not in default in the performance or observance of any of its obligations under this Agreement, Assign the whole of its rights and obligations under this Agreement to: (i) a Related Body Corporate of the End User which is capable of performing the obligations of the End User under this Agreement provided that the End User shall remain liable for the performance of the duties, responsibilities and obligations assumed by the Assignee and provided however that performance by the Assignee will pro tanto discharge the End User from liability for performance of those duties, responsibilities and obligations that are Assigned; or (ii) a person other than a Related Body Corporate of the End User with the prior written consent of Aurizon QR Network, provided that such consent will not be unreasonably withheld if Aurizon QR Network is satisfied that such person: (A) is financially sound; and (B) is otherwise capable of performing the obligations of the End User under this Agreement.

Assignment by the End User. (a) Subject to the following provisions of this Clause 15.2, the End User shall not Assign its rights or obligations, or any part thereof, under this Agreement without the prior written consent of Aurizon QRAurizon Network, which consent may not be unreasonably withheld. (b) The End User may, provided it is not in default in the performance or observance of any of its obligations under this Agreement, Assign the whole of its rights and obligations under this Agreement to: (i) a Related Body Corporate of the End User which is capable of performing the obligations of the End User under this Agreement provided that the End User shall remain liable for the performance of the duties, responsibilities and obligations assumed by the Assignee and provided however that performance by the Assignee will pro tanto discharge the End User from liability for performance of those duties, responsibilities and obligations that are Assigned; or (ii) a person other than a Related Body Corporate of the End User with the prior written consent of Aurizon QRAurizon Network, provided that such consent will not be unreasonably withheld if Aurizon QRAurizon Network is satisfied that such person: (A) is financially sound; and (B) is otherwise capable of performing the obligations of the End User under this Agreement.