Changes to Operator nominations. (a) The Access Holder may, from time to time, upon giving at least 2 Business Days prior written notice to Aurizon Network and each affected Operator:
(i) vary any nomination previously given by the Access Holder under this Agreement so as to vary either or both of the following:
(A) the Access Rights which the Access Holder has allocated to an Operator; or
(B) the period for which the Access Rights are to be allocated to an Operator (provided that the period does not extend beyond the Train Service Expiry Date for the relevant Train Service Type); or
(ii) withdraw any nomination previously given by the Access Holder under clause 4.3(b) or this clause 4.5(a); and
(iii) if the variation or withdrawal of a nomination results from the operation of clause 10.2(d) or 10.3(c)(iv)(A)(2) under a Train Operations Deed, the Access Holder may nominate, in accordance with clause 4.3, an alternative Operator to utilise the “Category 1 Reduced Operational Rights” (as defined in the Train Operations Deed) and/or the “Category 2 Reduced Operational Rights” (as defined in the Train Operations Deed) (as applicable).
(b) Aurizon Network must notify the Access Holder and the Operator if it accepts or rejects (providing its reasons) in accordance with clauses 4.3(d)(ii) to 4.3(d)(iv)(B) the variation within the lesser of 10 Business Days or the period remaining prior to the relevant Intermediate Train Plan being finalised.
(c) Where an Operator receives an increased allocation of Access Rights following a varied nomination in accordance with this clause 4.5, and the date on which that variation commences is during the period covered by the then current Intermediate Train Plan, then Aurizon Network will schedule any additional Train Services ordered by the Operator to the extent permitted in accordance with the Network Management Principles.
(d) If Aurizon Network rejects the nomination, it must facilitate the resolution of any matter the subject of its reasons for the rejection.
(e) If Aurizon Network accepts the nomination, it must promptly do all things reasonably required to ensure that any delay to Train Services is minimised to the extent practicable including vary the relevant Train Operations Deed to include the right to operate Train Services utilising the Access Rights (or the “Category 1 Reduced Operational Rights” (as defined in the Train Operations Deed) and/or the “Category 2 Operational Rights” (as defined in the Train Operations Deed), as applicable) in respect ...
Changes to Operator nominations. (a) The End User may, from time to time, upon giving at least 7 days prior written notice to Aurizon Network and each affected Operator:
(i) vary any nomination previously given by the End User under clause 3.3(b) or this clause 3.4(a) so as to vary either or both of the following:
(A) the Access Rights which the End User has allocated to an Operator (provided that at no time can the Access Rights for a relevant Train Service Type allocated by the End User to any one or more Operators exceed, in aggregate, the End User’s Access Rights under this Agreement for that Train Service Type); or
(B) the period for which the Access Rights are to be allocated to an Operator (provided that the period for which Access Rights are allocated to an Operator cannot extend beyond the expiry date for the relevant Train Service Type), with Aurizon Network to comply with clause 3.3(d) in respect of any such varied nomination, subject to being required to notify of its acceptance or rejection within the lesser of 10 Business Days and the period remaining prior to the relevant Intermediate Train Plan being finalised; or
(ii) withdraw any nomination previously given by the End User under clause 3.3(b) or this clause 3.4(a).
(b) Where an Operator receives an increased allocation of Access Rights following a varied nomination in accordance with this clause 3.4, and the date on which that variation commences is during the period covered by the then current Intermediate Train Plan, then Aurizon Network will schedule any additional Train Services in accordance with the Network Management Principles.
Changes to Operator nominations. (a) The Access Holder may, from time to time, upon giving at least ten Business Days prior written notice to Queensland Rail and the Operator:
(i) vary any nomination previously given by the Access Holder under this agreement so as to vary either or both of the following:
(A) the Access Rights which the Access Holder has allocated to the Operator; or
(B) the period for which the Access Rights are to be allocated to the Operator (provided that the period does not extend beyond the End Date for the relevant Train Service); or
(ii) withdraw any nomination previously given by the Access Holder under clause 2.2(b) or this clause 4.1(a).
(b) Queensland Rail must notify the Access Holder and the Operator if it accepts or rejects the variation (providing its reasons) in accordance with clause 2.2(d).
(c) If Queensland Rail accepts a variation made in accordance with clause 2.2 or 4.1:
(i) this agreement and all relevant Subsequent Agreements are varied in accordance with the variation and, despite any other provision in this agreement, each Party agrees, and is deemed, to be bound by the varied agreement on and from the date the Access Holder receives the notice referred to in clause 4.1(b); or
(ii) Queensland Rail must comply with clause 4.2 (if applicable).
(d) The Access Holder is deemed to have withdrawn its nomination of the Operator if this agreement is terminated or expires.
