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Body Text. Binding Arbitration
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Body Text. Re: Commuter Benefits
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Body Text. The rights and remedies of Lessor in the event of any breach by Lessee of this Agreementagreement shall be limited to Lessor’s right to recover damages, if any, in an action at law. In, in no event shall the Lessor be entitled to terminate or rescind this Agreement or any right granted to Lessee hereunder, or to enjoin or restrain or otherwise impair in any manner the production, distribution, or exploitation of Lessee’s work or projects, or any parts orpart of elements thereof, or the use, publication or dissemination of any advertising, publicity or promotion in connection therewith. 2.08" + 2.5" + 2.92" + 3.33" + 3.75" +
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(ii) may assume that each of the Access Charge Rates (as at the Transfer Date) will escalate, on each 1 July, at the rate of 2.5% per annum for the remainder of the Term. Aurizon Network will provide written reasons for the assumptions made under this clause.
(c) Where:
(i) the Reduction Factor is calculated in accordance with clause 14.1(b); and
(ii) the Reference Tariff in relation to the Nominated Access Rights includes a System Discount or System Premium, then the Transfer Fee must be further adjusted by Aurizon Network to account for any consequential decrease or increase (as applicable) in the System Discount or System Premium (as applicable) that would otherwise result in Aurizon Network under-recovering or over-recovering (as applicable) amounts from the End User due to the application of the System Discount or System Premium (as applicable).
(d) Despite any other provision in this clause 13.4, if:
(i) the Transfer Fee is calculated to be an amount that is less than zero; or Deleted: the Nominated Access Rights to be Transferred are to be Transferred for a period which, when aggregated with the sum of the periods of all previous Transfers of Access Rights for Train Services for Train Service Types with the same Origin within the three year period ending on the last day of the Transfer Period, is less than two years,