Common use of Changes in Access Undertaking Clause in Contracts

Changes in Access Undertaking. (a) If there is a Change in Access Undertaking at any time which changes any of the Incorporated Provisions set out in clause 3.1(b), then this clause 3.2 applies. (b) A Party (Notifying Party) may, within 20 Business Days from the date of the Change in the Access Undertaking (or such longer period as the Parties may agree), notify (Amendment Notice) the other Party (Receiving Party): (i) that it elects to amend this Agreement to replace the Incorporated Provisions which form part of this Agreement under clause 3.1(b) or this clause 3.2 (Former Incorporated Provisions) with the corresponding Incorporated Provisions as changed by the Change in Access Undertaking (New Incorporated Provisions); and (ii) of any other changes to the other terms of this Agreement (if any) which the Notifying Party requires as a consequence of, or to give full effect to the replacement of the Former Incorporated Provisions with the New Incorporated Provisions under this clause 3.2; and (iii) of the date from which the changes become effective (and if any changes become effective from different dates, the dates applicable to each change), which must be on or after the date on which the Change in Access Undertaking became effective (Change Date(s)). (c) An Amendment Notice must include an amended version of this Agreement, with the changes referred to in clause 3.2(b)(i) clearly identified. (d) Promptly following receipt of an Amendment Notice, the Receiving Party must notify the Notifying Party the extent to which the Receiving Party accepts or does not accept the drafting of the amendments to the terms of this Agreement proposed in the Amendment Notice in accordance with clause 3.2(b)(ii). (e) If the Receiving Party does not accept the drafting of the amendments to the terms of this Agreement, then the Parties must promptly meet to negotiate and attempt to agree the changes to the terms of this Agreement (if any) which are necessary as a consequence of, or to give full effect to, the replacement of the Former Incorporated Provisions with the New Incorporated Provisions under this clause 3.2. (f) If the Parties do not agree the amendments in respect of the matters outstanding under clause 3.2(e) by the Change Date(s), the matter must be referred to the QCA for determination in accordance with the provisions of the Access Undertaking which provide for determination of disputes by the QCA. (g) On and from the Change Date(s) (or such other time as the QCA may determine): (i) the New Incorporated Provisions will form part of this Agreement as if set out in full in this Agreement; (ii) the Former Incorporated Provisions will cease to form part of this Agreement; and (iii) amendments to the terms of this Agreement: (A) accepted under clause 3.2(d); (B) agreed under clause 3.2(e); or (C) determined by the QCA under clause 3.2(f), become effective. (h) Within 10 Business Days from the date that amendments to the terms of this Agreement are accepted, agreed and/or determined (as applicable) under this clause 3.2, Aurizon Network must prepare and send to the Access Holder a copy of this Agreement as modified.

Changes in Access Undertaking. ‌ (a) If there is a Change in Access Undertaking at any time which changes any of the Incorporated Provisions set out in clause 3.1(b), then this clause 3.2 applies. (b) A Party (Notifying Party) may, within 20 Business Days from the date of the Change in the Access Undertaking (or such longer period as the Parties may agree), notify (Amendment Notice) the other Party (Receiving Party): (i) that it elects to amend this Agreement to replace the Incorporated Provisions which form part of this Agreement under clause 3.1(b) or this clause 3.2 (Former Incorporated Provisions) with the corresponding Incorporated Provisions as changed by the Change in Access Undertaking (New Incorporated Provisions); andand‌ (ii) of any other changes to the other terms of this Agreement (if any) which the Notifying Party requires as a consequence of, or to give full effect to the replacement of the Former Incorporated Provisions with the New Incorporated Provisions under this clause 3.2; andand‌ (iii) of the date from which the changes become effective (and if any changes become effective from different dates, the dates applicable to each change), which must be on or after the date on which the Change in Access Undertaking became effective (Change Date(s)). (c) An Amendment Notice must include an amended version of this Agreement, with the changes referred to in clause 3.2(b)(i) clearly identified. (d) Promptly following receipt of an Amendment Notice, the Receiving Party must notify the Notifying Party the extent to which the Receiving Party accepts or does not accept the drafting of the amendments to the terms of this Agreement proposed in the Amendment Notice in accordance with clause 3.2(b)(ii).3.2(b)(ii).‌ (e) If the Receiving Party does not accept the drafting of the amendments to the terms of this Agreement, then the Parties must promptly meet to negotiate and attempt to agree the changes to the terms of this Agreement (if any) which are necessary as a consequence of, or to give full effect to, the replacement of the Former Incorporated Provisions with the New Incorporated Provisions under this clause 3.2.3.2.‌ (f) If the Parties do not agree the amendments in respect of the matters outstanding under clause 3.2(e) by the Change Date(s), the matter must be referred to the QCA for determination in accordance with the the‌ provisions of the Access Undertaking which provide for determination of disputes by the QCA. (g) On and from the Change Date(s) (or such other time as the QCA may determine): (i) the New Incorporated Provisions will form part of this Agreement as if set out in full in this Agreement; (ii) the Former Incorporated Provisions will cease to form part of this Agreement; and (iii) amendments to the terms of this Agreement: (A) accepted under clause 3.2(d); (B) agreed under clause 3.2(e); or (C) determined by the QCA under clause 3.2(f), become effective.effective.‌ (h) Within 10 Business Days from the date that amendments to the terms of this Agreement are accepted, agreed and/or determined (as applicable) under this clause 3.2, Aurizon Network must prepare and send to the Access Holder a copy of this Agreement as modified.

Changes in Access Undertaking. (a) If there is a Change in Access Undertaking at any time which changes any of relating to the Incorporated Provisions provisions set out in clause 3.1(b), then this clause 3.2 applies. (b) A Party (Notifying Party) may, within 20 Business Days from the date of the Change in the Access Undertaking (or such longer period as the Parties may agree), notify (Amendment Notice) the other Party (Receiving Party):) of: (i) that it elects to amend this Agreement to replace the Incorporated Provisions which form part of this Agreement under clause 3.1(b) or this clause 3.2 (Former Incorporated Provisions) with the corresponding Incorporated Provisions as changed by the Change in Access Undertaking (New Incorporated Provisions); and (ii) of any other changes to the other terms of this Agreement (if any) which the Notifying Party requires as a consequence of, or to give full effect to, any Change in Access Undertaking relating to the replacement of the Former Incorporated Provisions with the New Incorporated Provisions under this provisions set out in clause 3.23.1(b); and (iiiii) of the date from which the changes become effective (and if any changes become effective from different dates, the dates applicable to each change), which must be on or after the date on which the Change in Access Undertaking became effective (Change Date(s)). (c) An Amendment Notice must include an amended version of this Agreement, with the changes referred to in clause 3.2(b)(i) clearly identified. (d) Promptly following receipt of an Amendment Notice, the Receiving Party must notify the Notifying Party the extent to which the Receiving Party accepts or does not accept the drafting of the amendments to the terms of this Agreement proposed in the Amendment Notice (but the Receiving Party must not refuse to accept the incorporation into this Agreement of the Changes in accordance with clause 3.2(b)(iithe Undertaking outlined in the Amendment Notice). (e) If the Receiving Party does not accept the drafting of the amendments to the terms of this Agreement, then the Parties must promptly meet to negotiate and attempt to agree the changes to the terms of this Agreement (if any) which are necessary as a consequence of, or to give full effect to, the replacement of Changes in the Former Incorporated Provisions with Undertaking specified in the New Incorporated Provisions under this clause 3.2Amendment Notice. (f) If the Parties do not agree the amendments in respect of the matters outstanding under clause 3.2(e) by the Change Date(s), the matter must be referred to the QCA for determination in accordance with the provisions of the Access Undertaking which provide for determination of disputes by the QCADispute Provisions. (g) On and Amendments to the terms of this Agreement: (i) accepted under clause 3.2(d); (ii) agreed under clause 3.2(e); or (iii) determined by the QCA under clause 3.2(f), become effective from the Change Date(s) (or such other time as the QCA may determine): (i) the New Incorporated Provisions will form part of this Agreement as if set out in full in this Agreement; (ii) the Former Incorporated Provisions will cease to form part of this Agreement; and (iii) amendments to the terms of this Agreement: (A) accepted under clause 3.2(d); (B) agreed under clause 3.2(e); or (C) determined by the QCA under clause 3.2(f), become effective. (h) Within 10 Business Days from the date that amendments to date: (i) of the terms of this Agreement are accepted, agreed and/or determined (as applicable) notice given under this clause 3.2, Aurizon Network must prepare and send to the Access Holder a copy of this Agreement as modified.3.2(d);

Changes in Access Undertaking. ‌ (a) If there is a Change in Access Undertaking at any time which changes any of the Incorporated Provisions set out in clause 3.1(b), then this clause 3.2 applies. (b) A Party (Notifying Party) may, within 20 Business Days from the date of the Change in the Access Undertaking (or such longer period as the Parties may agree), notify (Amendment Notice) the other Party (Receiving Party): (i) that it elects to amend this Agreement to replace the Incorporated Provisions which form part of this Agreement under clause 3.1(b) or this clause 3.2 (Former Incorporated Provisions) with the corresponding Incorporated Provisions as changed by the Change in Access Undertaking (New Incorporated Provisions); andand‌ (ii) of any other changes to the other terms of this Agreement (if any) which the Notifying Party requires as a consequence of, or to give full effect to the replacement of the Former Incorporated Provisions with the New Incorporated Provisions under this clause 3.2; andand‌ (iii) of the date from which the changes become effective (and if any changes become effective from different dates, the dates applicable to each change), which must be on or after the date on which the Change in Access Undertaking became effective (Change Date(s)). (c) An Amendment Notice must include an amended version of this Agreement, with the changes referred to in clause 3.2(b)(i) clearly identified. (d) Promptly following receipt of an Amendment Notice, the Receiving Party must notify the Notifying Party the extent to which the Receiving Party accepts or does not accept the drafting of the amendments to the terms of this Agreement proposed in the Amendment Notice in accordance with clause 3.2(b)(ii).3.2(b)(ii).‌ (e) If the Receiving Party does not accept the drafting of the amendments to the terms of this Agreement, then the Parties must promptly meet to negotiate and attempt to agree the changes to the terms of this Agreement (if any) which are necessary as a consequence of, or to give give‌ full effect to, the replacement of the Former Incorporated Provisions with the New Incorporated Provisions under this clause 3.2. (f) If the Parties do not agree the amendments in respect of the matters outstanding under clause 3.2(e) by the Change Date(s), the matter must be referred to the QCA for determination in accordance with the provisions of the Access Undertaking which provide for determination of disputes by the QCA.QCA.‌ (g) On and from the Change Date(s) (or such other time as the QCA may determine): (i) the New Incorporated Provisions will form part of this Agreement as if set out in full in this Agreement; (ii) the Former Incorporated Provisions will cease to form part of this Agreement; and (iii) amendments to the terms of this Agreement: (A) accepted under clause 3.2(d); (B) agreed under clause 3.2(e); or (C) determined by the QCA under clause 3.2(f), become effective.effective.‌ (h) Within 10 Business Days from the date that amendments to the terms of this Agreement are accepted, agreed and/or determined (as applicable) under this clause 3.2, Aurizon Network must prepare and send to the Access Holder a copy of this Agreement as modified.

Changes in Access Undertaking. (a) If there is a Change in Access Undertaking at any time which changes any of the Incorporated Provisions set out in clause 3.1(b), then this clause 3.2 applies. (b) A Party (Notifying Party) may, within 20 Business Days from the date of the Change in the Access Undertaking (or such longer period as the Parties may agree), notify (Amendment Notice) the other Party (Receiving Party): (i) that it elects to amend this Agreement to replace the Incorporated Provisions which form part of this Agreement under clause 3.1(b) or this clause 3.2 (Former Incorporated Provisions) with the corresponding Incorporated Provisions as changed by the Change in Access Undertaking (New Incorporated Provisions); and (ii) of any other changes to the other terms of this Agreement (if any) which the Notifying Party requires as a consequence of, or to give full effect to the replacement of the Former Incorporated Provisions with the New Incorporated Provisions under this clause 3.2; and (iii) of the date from which the changes become effective (and if any changes become effective from different dates, the dates applicable to each change), which must be on or after the date on which the Change in Access Undertaking became effective (Change Date(s)). (c) An Amendment Notice must include an amended version of this Agreement, with the changes referred to in clause 3.2(b)(i) clearly identified. (d) Promptly following receipt of an Amendment Notice, the Receiving Party must notify the Notifying Party the extent to which the Receiving Party accepts or does not accept the drafting of the amendments to the terms of this Agreement proposed in the Amendment Notice in accordance with clause 3.2(b)(ii). (e) If the Receiving Party does not accept the drafting of the amendments to the terms of this Agreement, then the Parties must promptly meet to negotiate and attempt to agree the changes to the terms of this Agreement (if any) which are necessary as a consequence of, or to give full effect to, the replacement of the Former Incorporated Provisions with the New Incorporated Provisions under this clause 3.2.give (f) If the Parties do not agree the amendments in respect of the matters outstanding under clause 3.2(e) by the Change Date(s), the matter must be referred to the QCA for determination in accordance with the provisions of the Access Undertaking which provide for determination of disputes by the QCA. (g) On and from the Change Date(s) (or such other time as the QCA may determine): (i) the New Incorporated Provisions will form part of this Agreement as if set out in full in this Agreement; (ii) the Former Incorporated Provisions will cease to form part of this Agreement; and (iii) amendments to the terms of this Agreement: (A) accepted under clause 3.2(d); (B) agreed under clause 3.2(e); or (C) determined by the QCA under clause 3.2(f), become effective. (h) Within 10 Business Days from the date that amendments to the terms of this Agreement are accepted, agreed and/or determined (as applicable) under this clause 3.2, Aurizon Network must prepare and send to the Access Holder a copy of this Agreement as modified.

Changes in Access Undertaking. (a) If there is a Change in Access Undertaking at any time which relating towhich changes any of the Incorporated provisionsIncorporated Provisions set out in clause 3.1(b), then this clause 3.2 applies. (b) A Party (Notifying Party) may, within 20 Business Days from the date of the Change in the Access Undertaking (or such longer period as the Parties may agree), notify (Amendment Notice) the other Party (Receiving Party):) of:): (i) that it elects to amend this Agreement to replace the Incorporated Provisions which form part of this Agreement under clause 3.1(b) or this clause 3.2 (Former Incorporated Provisions) with the corresponding Incorporated Provisions as changed by the Change in Access Undertaking (New Incorporated Provisions); and (i) (ii) of any other changes to the other terms of this Agreement (if any) which the Notifying Party requires as a consequence of, or to give full effect to, any Change in Access Undertaking relating to the provisions set out in clause 3.1(b); the replacement of the Former Incorporated Provisions with the New Incorporated Provisions under this clause 3.2; and (ii) (iii) of the date from which the changes become effective (and if any changes become effective from different dates, the dates applicable to each change), which must be on or after the date on which the Change in Access Undertaking became effective (Change Date(s)). (c) An Amendment Notice must include an amended version of this Agreement, with the changes referred to in clause 3.2(b)(i) clearly identified. (d) Promptly following receipt of an Amendment Notice, the Receiving Party must notify the Notifying Party the extent to which the Receiving Party accepts or does not accept the drafting of the amendments to the terms of this Agreement proposed in the Amendment Notice (but the Receiving Party must not refuse to accept the incorporation into this Agreement of the Changes in the Undertaking outlined in the Amendment Notice).in accordance with clause 3.2(b)(ii). (e) If the Receiving Party does not accept the drafting of the amendments to the terms of this Agreement, then the Parties must promptly meet to negotiate and attempt to agree the changes to the terms of this Agreement (if any) which are necessary as a consequence of, or to give full effect to, the replacement Changes inreplacement of the Former Undertaking specified inFormer Incorporated Provisions with the New Amendment Xxxxxx.Xxx Incorporated Provisions under this clause 3.2. (f) If the Parties do not agree the amendments in respect of the matters outstanding under clause 3.2(e) by the Change Date(s), the matter must be referred to the QCA for determination in accordance with the provisions Dispute Provisionsprovisions of the Access Undertaking which provide for determination of disputes by the QCA. (g) On AmendmentsOn and from the Change Date(s) (or such other time as the QCA may determine): (i) the New Incorporated Provisions will form part of this Agreement as if set out in full in this Agreement; (ii) the Former Incorporated Provisions will cease to form part of this Agreement; and (i) (iii) amendments to the terms of this Agreement: (A) accepted under clause 3.2(d); (B) agreed under clause 3.2(e); or (C) determined by the QCA under clause 3.2(f), become effective. (h) Within 10 Business Days effective from the date that amendments to Change Date(s) (or such other time as the terms of this Agreement are accepted, agreed and/or determined (as applicable) under this clause 3.2, Aurizon Network must prepare and send to the Access Holder a copy of this Agreement as modified.QCA may determine)..