Changes to the Network Clause Samples
The "Changes to the Network" clause defines the process and conditions under which modifications to a network may be made during the term of an agreement. It typically outlines who has the authority to propose or approve changes, the procedures for notifying affected parties, and any limitations or requirements for implementing such changes. For example, it may specify that upgrades, expansions, or maintenance activities must be communicated in advance and coordinated to minimize disruption. This clause ensures that all parties are aware of and can prepare for network modifications, thereby reducing the risk of misunderstandings or service interruptions.
Changes to the Network. 3.2.1 The Network over which We provide the Mobile Services is controlled by Our wholesale carrier, Telstra Corporation Limited.
3.2.2 Subject to Our obligations under the Australian Consumer Law, while We are responsible for providing You with the Mobile Services, as a reseller We have no control over the Network, and by applying for the Mobile Service You acknowledge that the Network is subject to change from time to time (and that there is no guarantee that the Mobile Service will be available on an ongoing basis).
3.2.3 Your satisfaction is of the utmost importance to Us, so in the event that changes to the Network (which are beyond Our control) have a material adverse effect on You (or the End User, if that is not You), Our Customer Service Team will endeavour to provide any assistance it can to address those issues promptly, and where such issues cannot be addressed to Your satisfaction, We will assist in terminating Your Mobile Services (and termination in such circumstances will not constitute an Acceleration Trigger Event).
Changes to the Network. 5.1 If RRL wishes to make a Network Change, it shall:
(a) give notice of its proposal for Network Change to:
(i) CRL;
(ii) the HSE; and
(iii) the Office of Rail Regulation. together with particulars of the proposed Network Change which are reasonably necessary to enable that person to assess the effect of the proposed Network Change and to enable CRL to assess the effect of the proposed Network Change on the operation of its Services; and
(b) invite the submission of comments from the persons specified in paragraph
(a) within such period as is reasonable in the circumstances having due regard to the likely impact of the proposed Network Change on those persons.
5.2 To the extent that a proposed Network Change is required to be made by RRL for safety reasons, RRL shall not be obliged to implement the procedure set out in this paragraph 5 until the change has lasted for three months. Upon expiry of the three months, RRL shall promptly commence implementing and thereafter comply with the procedure set out in this paragraph 5 as if the relevant Network Change were a Network Change proposed by RRL.
5.3 CRL shall give notice to RRL within the timescales prescribed in accordance with paragraph 5.1 above, if it considers that either
(a) one or more of the following conditions has been satisfied:
(i) the implementation of the proposed change would necessarily result in RRL breaching an access contract to which CRL is a party;
(ii) RRL has failed, in respect of the proposed change to provide sufficient particulars to CRL under Clause 5.1; or
(iii) the implementation of the proposed change would result in a material deterioration in the performance of CRL‟s trains which cannot be adequately compensated under this Clause 5; or
(b) it should be entitled to compensation from RRL for the consequences of the implementation of the change.
5.3.1 Any notice of the kind referred to in (a) above shall include the reasons for CRL‟s opinion. Any notice of the kind mentioned in (b) above shall include a statement of the amount of compensation required and the means by which the compensation should be paid, including any security or other assurances of payment which RRL should provide. Any such statement should enable RRL to assess the merits of CRL‟s decision.
5.4 Subject to paragraph 5.2 above, RRL shall not implement a proposed Network Change unless it has either satisfied any notice submitted by CRL in accordance with paragraph 5.3 above, or referred the matter for determinati...