Common use of Completion and modification of Access Agreement Clause in Contracts

Completion and modification of Access Agreement. (a) If: (i) the Access Seeker wishes to enter into an Access Agreement under clause 3.1(a)(i), then the Access Seeker irrevocably authorises and directs Aurizon Network; and/or (ii) the Access Seeker nominates a Railway Operator to enter into an Access Agreement under clause 3.1(a)(ii), then the Access Seeker must procure the nominated Railway Operator to irrevocably authorise and direct Aurizon Network, to: (iii) complete the applicable Access Agreement by inserting the date of the applicable Access Agreement; (iv) complete the applicable Access Agreement by including a term equal to the Access Agreement Term; (v) complete the applicable Access Agreement to include the applicable Nominated Access Rights for each Access Period during the Access Agreement Term; (vi) complete and include in the applicable Access Agreement all schedules and attachments referred to in, or contemplated by, the applicable Access Agreement; and (vii) modify and otherwise complete the terms of the applicable Access Agreement in accordance with part 2 of schedule 1. (b) Aurizon Network must act reasonably and in good faith in completing and modifying any Access Agreements under this clause 3.2. (c) The Access Seeker must (and must procure its nominated Railway Operator, if applicable, to) act reasonably and in good faith in its dealings with Aurizon Network in relation to the completion and modification of any Access Agreements entered into under this clause 3.2.

Completion and modification of Access Agreement. (a) If: (i) the Access Seeker Unit Holder wishes to enter into an Access Holder Access Agreement under clause 3.1(a)(i)3.1, then the Access Seeker Unit Holder irrevocably authorises and directs Aurizon Network; and/or; (ii) the Access Seeker Unit Holder nominates a Railway Operator nominee to enter into an Access Holder Access Agreement under clause 3.1(a)(ii)3.1, then the Unit Holder must procure the nominee to irrevocably authorise and direct Aurizon Network; and/or (iii) the Unit Holder nominates a Railway Operator acceptable to Aurizon Network to enter into an Operator Access Seeker Agreement under clause 3.1, then the Unit Holder must procure the nominated Railway Operator to irrevocably authorise and direct Aurizon Network, to: (iiiiv) complete the applicable Access Agreement by inserting the date of the applicable Access Agreement; (ivv) complete the applicable Access Agreement by including a term equal to the Access Agreement Term; (vvi) complete the applicable Access Agreement to include the applicable Nominated Access Rights for each Access Period during the Access Agreement Term; (vivii) complete and include in the applicable Access Agreement all schedules and attachments referred to in, or contemplated by, the applicable Access Agreement; (viii) complete any other blank spaces that have not otherwise been completed in the applicable Access Agreement; and (viiix) modify and otherwise complete the terms of the applicable Access Agreement in accordance with part 2 of schedule 12. (b) Aurizon Network must act reasonably and in good faith in completing and modifying any Access Agreements under this clause 3.2. (c) The Access Seeker Unit Holder must (and must procure its nominee or nominated Railway Operator, if as applicable, to) act reasonably and in good faith in its dealings with Aurizon Network in relation to the completion and modification of any Access Agreements entered into under this clause 3.2.this

Completion and modification of Access Agreement. (a) If: (i) the Access Seeker wishes to enter into an Access Holder Access Agreement under clause 3.1(a)(i)3.1, then the Access Seeker irrevocably authorises and directs Aurizon Network; and/or (ii) the Access Seeker nominates a Railway Operator to enter into an Operator Access Agreement under clause 3.1(a)(ii)3.1, then the Access Seeker must procure the nominated Railway Operator to irrevocably authorise and direct Aurizon Network, to: (iii) complete the applicable Access Agreement by inserting the date of the applicable Access Agreement; (iv) complete the applicable Access Agreement by including a term equal to the Access Agreement Term; (v) complete the applicable Access Agreement to include the applicable Nominated Access Rights for each Access Period during the Access Agreement Term; (vi) complete and include in the applicable Access Agreement all schedules and attachments referred to in, or contemplated by, the applicable Access Agreement; and (vii) modify and otherwise complete the terms of the applicable Access Agreement in accordance with part 2 of schedule 1. (b) Aurizon Network must act reasonably and in good faith in completing and modifying any Access Agreements under this clause 3.2. (c) The Access Seeker must (and must procure its nominated Railway Operator, if applicable, to) act reasonably and in good faith in its dealings with Aurizon Network in relation to the completion and modification of any Access Agreements entered into under this clause 3.2.