Common use of Consequences of a Variation Request Notice Clause in Contracts

Consequences of a Variation Request Notice. ‌ (a) The effective date of a Variation Request Notice is the latest of:‌ (i) the date specified in the Variation Request Notice in accordance with clause 10.2(c)(i); (ii) the date the proposed Rollingstock Configuration for the Train Service Type specified in the ‘Authorisation Request Notice’ (as defined in the relevant Operator’s Train Operations Deed) becomes an ‘Authorised Rollingstock Configuration’ (as defined in the relevant Operator’s Train Operations Deed) for the Train Service Type; and (iii) if the Access Holder elected in the relevant Notice of Enquiry to relinquish the Surplus Access Rights for the Train Service Type, the date the Access Holder pays Aurizon Network the SAR Relinquishment Fee for the Surplus Access Rights for the Train Service Type, (Variation Effective Date). (b) If the Access Holder gives Aurizon Network a Variation Request Notice in respect of a Train Service Type and the Access Holder elected in the relevant Notice of Enquiry to relinquish the Surplus Access Rights for the Train Service Type, then with effect on the Variation Effective Date: (i) the Maximum Payload for the Train Service Type will be taken to be varied to be the Proposed Maximum Payload for the Train Service Type (as specified in the relevant Notice of Enquiry); (ii) the Nominal Payload for the Train Service Type will be taken to be varied to be the Revised Nominal Payload for the Train Service Type (as specified in the relevant Response Notice or, if clause 10.3 (a) applies, as agreed or determined through the Dispute resolution process under clause 28); (iii) the Nominated Monthly Train Services for the Train Service Type will be taken to be varied to be the Revised Nominated Monthly Train Services for the Train Service Type (as specified in the relevant Response Notice or, if clause 10.3(a) applies, as agreed or determined through the Dispute resolution process under clause 28); (iv) the Indicative Tonnage for the Train Service Type will remain unchanged; and (v) the Surplus Access Rights for the Train Service Type (as specified in the relevant Response Notice or, if clause 10.3 (a) applies, as agreed or determined through the Dispute resolution process under clause 28) will be relinquished and will cease to form part of the Access Rights. (c) If the Access Holder gives Aurizon Network a Variation Request Notice in respect of a Train Service Type and the Access Holder elected in the relevant Notice of Enquiry to maintain the Surplus Access Rights for the Train Service Type, then with effect on the Variation Effective Date: (i) the Maximum Payload for the Train Service Type will be taken to be the Proposed Maximum Payload for the Train Service Type (as specified in the relevant Notice of Enquiry); (ii) the Nominal Payload for the Train Service Type will be taken to be the Revised Nominal Payload for the Train Service Type (as specified in the relevant Response Notice or, if clause 10.3(a) applies, as agreed or determined through the Dispute resolution process under clause 28); (iii) the Indicative Tonnage for the Train Service Type will be taken to be the Revised Indicative Tonnage for the Train Service Type (as specified in the relevant Response Notice or, if clause 10.3(a) applies, as agreed or determined through the Dispute resolution process under clause 28); (iv) the Nominated Monthly Train Services for the Train Service Type will remain unchanged; and (v) the Surplus Access Rights for the Train Service Type will continue to form part of the Access Rights.

Consequences of a Variation Request Notice. ‌ (a) The effective date of a Variation Request Notice is the latest of:‌ (i) the date specified in the Variation Request Notice in accordance with clause 10.2(c)(i); (ii) the date the proposed Rollingstock Configuration for the Train Service Type specified in the ‘Authorisation Request Notice’ (as defined in the relevant Operator’s Train Operations Deed) becomes an ‘Authorised Rollingstock Configuration’ (as defined in the relevant Operator’s Train Operations Deed) for the Train Service Type; and (iii) if the Access Holder elected in the relevant Notice of Enquiry to relinquish the Surplus Access Rights for the Train Service Type, the date the Access Holder pays Aurizon Network the SAR Relinquishment Fee for the Surplus Access Rights for the Train Service Type, (Variation Effective Date). (b) If the Access Holder End User gives Aurizon Network a Variation Request Notice in respect of a Train Service Type and Type, then the Access Holder elected in End User will be taken, at the relevant same time, to have given Aurizon Network a Notice of Enquiry Intention to relinquish Relinquish in respect of which: (i) the Nominated Access Rights will be taken to be the Surplus Access Rights for the Train Service Type specified in the relevant Response Notice; and (ii) the Relinquishment Date will be taken to be the date specified in the Variation Request Notice. (b) Subject to clause 9.2(c), if the End User gives Aurizon Network a Variation Request Notice in respect of a Train Service Type, then with effect on the Variation Effective Datethen: (i) the Maximum Payload for the Train Service Type will be taken to be varied to be the Proposed proposed increased Maximum Payload for the Train Service Type (as specified in the relevant Notice of Enquiry); (ii) the Nominal Payload for the Train Service Type will be taken to be varied to be the Revised Nominal Payload for the Train Service Type (as specified in the relevant Response Notice or, if clause 10.3 (a) applies, as agreed or determined through the Dispute resolution process under clause 28Notice);; and (iii) the Nominated Monthly Train Services for the Train Service Type will be taken to be varied to be the Revised Nominated Monthly Train Services for the Train Service Type (as specified in the relevant Response Notice orNotice), if clause 10.3(a) applies, as agreed or determined through with effect on the Dispute resolution process under clause 28);latest of: (iv) the Indicative Tonnage date specified in the Variation Request Notice; (v) if clause 9.2(c) applies, the date the proposed Rollingstock Configuration for the Train Service Type will remain unchanged; and (v) the Surplus Access Rights for the Train Service Type (as specified in the relevant Response Notice or, if clause 10.3 (a) applies, as agreed or determined through the Dispute resolution process under clause 28) will be relinquished and will cease to form part of the Access Rights. (c) If the Access Holder gives Aurizon Network a Variation Authorisation Request Notice in respect of a Train Service Type and the Access Holder elected in the relevant Notice of Enquiry to maintain the Surplus Access Rights becomes an Authorised Rollingstock Configuration for the Train Service Type, then with effect on the Variation Effective Date: (i) the Maximum Payload for the Train Service Type will be taken to be the Proposed Maximum Payload for the Train Service Type (as specified in the relevant Notice of Enquiry); (ii) the Nominal Payload for the Train Service Type will be taken to be the Revised Nominal Payload for the Train Service Type (as specified in the relevant Response Notice or, if clause 10.3(a) applies, as agreed or determined through the Dispute resolution process under clause 28); (iii) the Indicative Tonnage for the Train Service Type will be taken to be the Revised Indicative Tonnage for the Train Service Type (as specified in the relevant Response Notice or, if clause 10.3(a) applies, as agreed or determined through the Dispute resolution process under clause 28); (iv) the Nominated Monthly Train Services for the Train Service Type will remain unchanged; and (vvi) the date the End User pays Aurizon Network the Relinquishment Fee in respect of the relinquishment of the Surplus Access Rights for the Train Service Type will continue to form part of the Access Rights.

Consequences of a Variation Request Notice. ‌ (a) The effective date of a Variation Request Notice is the latest of:‌ (i) the date specified in the Variation Request Notice in accordance with clause 10.2(c)(i); (ii) the date the proposed Rollingstock Configuration for the Train Service Type specified in the ‘Authorisation Request Notice’ (as defined in the relevant Operator’s Train Operations Deed) becomes an ‘Authorised Rollingstock Configuration’ (as defined in the relevant Operator’s Train Operations Deed) for the Train Service Type; and (iii) if the Access Holder elected in the relevant Notice of Enquiry to relinquish the Surplus Access Rights for the Train Service Type, the date the Access Holder pays Aurizon Network the SAR Relinquishment Fee for the Surplus Access Rights for the Train Service Type, (Variation Effective Date). (b) If the Access Holder End User gives Aurizon Network a Variation Request Notice in respect of a Train Service Type and Type, then the Access Holder elected in End User will be taken, at the relevant same time, to have given Aurizon Network a Notice of Enquiry Intention to relinquish Relinquish in respect of which: (i) the Nominated Access Rights will be taken to be the Surplus Access Rights for the Train Service Type specified in the relevant Response Notice; and (ii) the Relinquishment Date will be taken to be the date specified in the Variation Request Notice. (b) Subject to clause 11.2(c), if the End User gives Aurizon Network a Variation Request Notice in respect of a Train Service Type, then with effect on the Variation Effective Datethen: (i) the Maximum Payload for the Train Service Type will be taken to be varied to be the Proposed proposed increased Maximum Payload for the Train Service Type (as specified in the relevant Notice of Enquiry); (ii) the Nominal Payload for the Train Service Type will be taken to be varied to be the Revised Nominal Payload for the Train Service Type (as specified in the relevant Response Notice or, if clause 10.3 (a) applies, as agreed or determined through the Dispute resolution process under clause 28Notice);; and (iii) the Nominated Monthly Train Services for the Train Service Type will be taken to be varied to be the Revised Nominated Monthly Train Services for the Train Service Type (as specified in the relevant Response Notice orNotice), if clause 10.3(a) applies, as agreed or determined through with effect on the Dispute resolution process under clause 28);latest of: (iv) the Indicative Tonnage date specified in the Variation Request Notice; (v) if clause 11.2(c) applies, the date the proposed Rollingstock Configuration for the Train Service Type will remain unchanged; and (v) the Surplus Access Rights for the Train Service Type (as specified in the relevant Response Notice or, if clause 10.3 (a) applies, as agreed or determined through the Dispute resolution process under clause 28) will be relinquished and will cease to form part of the Access Rights. (c) If the Access Holder gives Aurizon Network a Variation Authorisation Request Notice in respect of a Train Service Type and the Access Holder elected in the relevant Notice of Enquiry to maintain the Surplus Access Rights becomes an Authorised Rollingstock Configuration for the Train Service Type, then with effect on the Variation Effective Date: (i) the Maximum Payload for the Train Service Type will be taken to be the Proposed Maximum Payload for the Train Service Type (as specified in the relevant Notice of Enquiry); (ii) the Nominal Payload for the Train Service Type will be taken to be the Revised Nominal Payload for the Train Service Type (as specified in the relevant Response Notice or, if clause 10.3(a) applies, as agreed or determined through the Dispute resolution process under clause 28); (iii) the Indicative Tonnage for the Train Service Type will be taken to be the Revised Indicative Tonnage for the Train Service Type (as specified in the relevant Response Notice or, if clause 10.3(a) applies, as agreed or determined through the Dispute resolution process under clause 28); (iv) the Nominated Monthly Train Services for the Train Service Type will remain unchanged; and (vvi) the date the End User pays Aurizon Network the Relinquishment Fee in respect of the relinquishment of the Surplus Access Rights for the Train Service Type will continue to form part of the Access Rights.

Consequences of a Variation Request Notice. ‌ (a) The effective date of a Variation Request Notice is the latest of:‌of: (i) the date specified in the Variation Request Notice in accordance with clause 10.2(c)(i); (ii) the date the proposed Rollingstock Configuration for the Train Service Type specified in the ‘Authorisation Request Notice’ (as defined in the relevant Operator’s Train Operations Deed) becomes an ‘Authorised Rollingstock Configuration’ (as defined in the relevant Operator’s Train Operations Deed) for the Train Service Type; and (iii) if the Access Holder elected in the relevant Notice of Enquiry to relinquish the Surplus Access Rights for the Train Service Type, the date the Access Holder pays Aurizon Network the SAR Relinquishment Fee for the Surplus Access Rights for the Train Service Type, (Variation Effective Date). (b) If the Access Holder gives Aurizon Network a Variation Request Notice in respect of a Train Service Type and the Access Holder elected in the relevant Notice of Enquiry to relinquish the Surplus Access Rights for the Train Service Type, then with effect on the Variation Effective Date: (i) the Maximum Payload for the Train Service Type will be taken to be varied to be the Proposed Maximum Payload for the Train Service Type (as specified in the relevant Notice of Enquiry); (ii) the Nominal Payload for the Train Service Type will be taken to be varied to be the Revised Nominal Payload for the Train Service Type (as specified in the relevant Response Notice or, if clause 10.3 (a) applies, as agreed or determined through the Dispute resolution process under clause 28); (iii) the Nominated Monthly Train Services for the Train Service Type will be taken to be varied to be the Revised Nominated Monthly Train Services for the Train Service Type (as specified in the relevant Response Notice or, if clause 10.3(a) applies, as agreed or determined through the Dispute resolution process under clause 28); (iv) the Indicative Tonnage for the Train Service Type will remain unchanged; and (v) the Surplus Access Rights for the Train Service Type (as specified in the relevant Response Notice or, if clause 10.3 (a) applies, as agreed or determined through the Dispute resolution process under clause 28) will be relinquished and will cease to form part of the Access Rights. (c) If the Access Holder gives Aurizon Network a Variation Request Notice in respect of a Train Service Type and the Access Holder elected in the relevant Notice of Enquiry to maintain the Surplus Access Rights for the Train Service Type, then with effect on the Variation Effective Date: (i) the Maximum Payload for the Train Service Type will be taken to be the Proposed Maximum Payload for the Train Service Type (as specified in the relevant Notice of Enquiry); (ii) the Nominal Payload for the Train Service Type will be taken to be the Revised Nominal Payload for the Train Service Type (as specified in the relevant Response Notice or, if clause 10.3(a) applies, as agreed or determined through the Dispute resolution process under clause 28); (iii) the Indicative Tonnage for the Train Service Type will be taken to be the Revised Indicative Tonnage for the Train Service Type (as specified in the relevant Response Notice or, if clause 10.3(a) applies, as agreed or determined through the Dispute resolution process under clause 28); (iv) the Nominated Monthly Train Services for the Train Service Type will remain unchanged; and (v) the Surplus Access Rights for the Train Service Type will continue to form part of the Access Rights.

Consequences of a Variation Request Notice. ‌ (a) The effective date of a Variation Request Notice is the latest of:‌ (i) the date specified in the Variation Request Notice in accordance with clause 10.2(c)(i); (ii) the date the proposed Rollingstock Configuration for the Train Service Type specified in the ‘Authorisation Request Notice’ (as defined in the relevant Operator’s Train Operations Deed) becomes an ‘Authorised Rollingstock Configuration’ (as defined in the relevant Operator’s Train Operations Deed) for the Train Service Type; and (iii) if the Access Holder elected in the relevant Notice of Enquiry to relinquish the Surplus Access Rights for the Train Service Type, the date the Access Holder pays Aurizon Network the SAR Relinquishment Fee for the Surplus Access Rights for the Train Service Type, (Variation Effective Date). (b) If the Access Holder Operator gives Aurizon Network a Variation Request Notice in respect of a Train Service Type and Type, then the Access Holder elected in Operator will be taken, at the relevant same time, to have given Aurizon Network a Notice of Enquiry Intention to relinquish Relinquish in respect of which: (i) the Nominated Access Rights will be taken to be the Surplus Access Rights for the Train Service Type specified in the relevant Response Notice; and (ii) the Relinquishment Date will be taken to be the date specified in the Variation Request Notice. (b) Subject to clause 11.2(c), if the Operator gives Aurizon Network a Variation Request Notice in respect of a Train Service Type, then with effect on the Variation Effective Datethen: (i) the Maximum Payload for the Train Service Type will be taken to be varied to be the Proposed proposed increased Maximum Payload for the Train Service Type (as specified in the relevant Notice of Enquiry); (ii) the Nominal Payload for the Train Service Type will be taken to be varied to be the Revised Nominal Payload for the Train Service Type (as specified in the relevant Response Notice or, if clause 10.3 (a) applies, as agreed or determined through the Dispute resolution process under clause 28Notice);; and (iii) the Nominated Monthly Train Services for the Train Service Type will be taken to be varied to be the Revised Nominated Monthly Train Services for the Train Service Type (as specified in the relevant Response Notice orNotice), if clause 10.3(a) applies, as agreed or determined through with effect on the Dispute resolution process under clause 28);latest of: (iv) the Indicative Tonnage date specified in the Variation Request Notice; (v) if clause 11.2(c) applies, the date the proposed Rollingstock Configuration for the Train Service Type will remain unchanged; and (v) the Surplus Access Rights for the Train Service Type (as specified in the relevant Response Notice or, if clause 10.3 (a) applies, as agreed or determined through the Dispute resolution process under clause 28) will be relinquished and will cease to form part of the Access Rights. (c) If the Access Holder gives Aurizon Network a Variation Authorisation Request Notice in respect of a Train Service Type and the Access Holder elected in the relevant Notice of Enquiry to maintain the Surplus Access Rights becomes an Authorised Rollingstock Configuration for the Train Service Type, then with effect on the Variation Effective Date: (i) the Maximum Payload for the Train Service Type will be taken to be the Proposed Maximum Payload for the Train Service Type (as specified in the relevant Notice of Enquiry); (ii) the Nominal Payload for the Train Service Type will be taken to be the Revised Nominal Payload for the Train Service Type (as specified in the relevant Response Notice or, if clause 10.3(a) applies, as agreed or determined through the Dispute resolution process under clause 28); (iii) the Indicative Tonnage for the Train Service Type will be taken to be the Revised Indicative Tonnage for the Train Service Type (as specified in the relevant Response Notice or, if clause 10.3(a) applies, as agreed or determined through the Dispute resolution process under clause 28); (iv) the Nominated Monthly Train Services for the Train Service Type will remain unchanged; and (vvi) the date the Operator pays Aurizon Network the Relinquishment Fee in respect of the relinquishment of the Surplus Access Rights for the Train Service Type will continue to form part of the Access Rights.

Consequences of a Variation Request Notice. ‌ (a) The effective date of a Variation Request Notice is the latest of:‌ (i) the date specified in the Variation Request Notice in accordance with clause 10.2(c)(i); (ii) the date the proposed Rollingstock Configuration for the Train Service Type specified in the ‘Authorisation Request Notice’ (as defined in the relevant Operator’s Train Operations Deed) becomes an ‘Authorised Rollingstock Configuration’ (as defined in the relevant Operator’s Train Operations Deed) for the Train Service Type; and (iii) if the Access Holder elected in the relevant Notice of Enquiry to relinquish the Surplus Access Rights for the Train Service Type, the date the Access Holder pays Aurizon Network the SAR Relinquishment Fee for the Surplus Access Rights for the Train Service Type, (Variation Effective Date). (b) If the Access Holder gives Aurizon Network a Variation Request Notice in respect of a Train Service Type and Type, then the Access Holder elected in will be taken, at the relevant same time, to have given Aurizon Network a Notice of Enquiry Intention to relinquish Relinquish under the Relinquishment Provisions which form part of this Agreement under clause Error! Reference source not found. in respect of which: (i) the Nominated Access Rights under those Relinquishment Provisions will be taken to be the Surplus Access Rights for the Train Service Type specified in the relevant Response Notice; and (ii) the Relinquishment Date under those Relinquishment Provisions will be taken to be the date specified in the Variation Request Notice. (b) Subject to clause 11.2(c), if the Access Holder gives Aurizon Network a Variation Request Notice in respect of a Train Service Type, then with effect on the Variation Effective Datethen: (i) the Maximum Payload for the Train Service Type will be taken to be varied to be the Proposed proposed increased Maximum Payload for the Train Service Type (as specified in the relevant Notice of Enquiry); (ii) the Nominal Payload for the Train Service Type will be taken to be varied to be the Revised Nominal Payload for the Train Service Type (as specified in the relevant Response Notice or, if clause 10.3 (a) applies, as agreed or determined through the Dispute resolution process under clause 28Notice); (iii) the Nominated Monthly Train Services for the Train Service Type will be taken to be varied to be the Revised Nominated Monthly Train Services for the Train Service Type (as specified in the relevant Response Notice or, if clause 10.3(a) applies, as agreed or determined through the Dispute resolution process under clause 28); (iv) the Indicative Tonnage for the Train Service Type will remain unchanged; and (v) the Surplus Access Rights for the Train Service Type (as specified in the relevant Response Notice or, if clause 10.3 (a) applies, as agreed or determined through the Dispute resolution process under clause 28) will be relinquished and will cease to form part of the Access Rights. (c) If the Access Holder gives Aurizon Network a Variation Request Notice in respect of a Train Service Type and the Access Holder elected in the relevant Notice of Enquiry to maintain the Surplus Access Rights for the Train Service Type, then with effect on the Variation Effective Date: (i) the Maximum Payload for the Train Service Type will be taken to be the Proposed Maximum Payload for the Train Service Type (as specified in the relevant Notice of Enquiry); (ii) the Nominal Payload for the Train Service Type will be taken to be the Revised Nominal Payload for the Train Service Type (as specified in the relevant Response Notice or, if clause 10.3(a) applies, as agreed or determined through the Dispute resolution process under clause 28); (iii) the Indicative Tonnage for the Train Service Type will be taken to be the Revised Indicative Tonnage for the Train Service Type (as specified in the relevant Response Notice or, if clause 10.3(a) applies, as agreed or determined through the Dispute resolution process under clause 28); (iv) the Nominated Monthly Train Services for the Train Service Type will remain unchanged; and (v) the Surplus Access Rights for the Train Service Type will continue to form part of the Access Rights.

Consequences of a Variation Request Notice. ‌ (a) The effective date of a Variation Request Notice is the latest of:‌of: (i) the date specified in the Variation Request Notice in accordance with clause 10.2(c)(i);with (ii) the date the proposed Rollingstock Configuration for the Train Service Type specified in the ‘Authorisation Request Notice’ (as defined in the relevant Operator’s Train Operations Deed) becomes an ‘Authorised Rollingstock Configuration’ (as defined in the relevant Operator’s Train Operations Deed) for the Train Service Type; and (iii) if the Access Holder elected in the relevant Notice of Enquiry to relinquish the Surplus Access Rights for the Train Service Type, the date the Access Holder pays Aurizon Network the SAR Relinquishment Fee for the Surplus Access Rights for the Train Service Type, (Variation Effective Date). (b) If the Access Holder gives Aurizon Network a Variation Request Notice in respect of a Train Service Type and the Access Holder elected in the relevant Notice of Enquiry to relinquish the Surplus Access Rights for the Train Service Type, then with effect on the Variation Effective Date: (i) the Maximum Payload for the Train Service Type will be taken to be varied to be the Proposed Maximum Payload for the Train Service Type (as specified in the relevant Notice of Enquiry); (ii) the Nominal Payload for the Train Service Type will be taken to be varied to be the Revised Nominal Payload for the Train Service Type (as specified in the relevant Response Notice or, if clause 10.3 (a) applies, as agreed or determined through the Dispute resolution process under clause 28); (iii) the Nominated Monthly Train Services for the Train Service Type will be taken to be varied to be the Revised Nominated Monthly Train Services for the Train Service Type (as specified in the relevant Response Notice or, if clause 10.3(a) applies, as agreed or determined through the Dispute resolution process under clause 28); (iv) the Indicative Tonnage for the Train Service Type will remain unchanged; and (v) the Surplus Access Rights for the Train Service Type (as specified in the relevant Response Notice or, if clause 10.3 (a10.3(a) applies, as agreed or determined through the Dispute resolution process under clause 28) will be relinquished and will cease to form part of the Access Rights. (c) If the Access Holder gives Aurizon Network a Variation Request Notice in respect of a Train Service Type and the Access Holder elected in the relevant Notice of Enquiry to maintain the Surplus Access Rights for the Train Service Type, then with effect on the Variation Effective Date: (i) the Maximum Payload for the Train Service Type will be taken to be the Proposed Maximum Payload for the Train Service Type (as specified in the relevant Notice of Enquiry); (ii) the Nominal Payload for the Train Service Type will be taken to be the Revised Nominal Payload for the Train Service Type (as specified in the relevant Response Notice or, if clause 10.3(a) applies, as agreed or determined through the Dispute resolution process under clause 28); (iii) the Indicative Tonnage for the Train Service Type will be taken to be the Revised Indicative Tonnage for the Train Service Type (as specified in the relevant Response Notice or, if clause 10.3(a) applies, as agreed or determined through the Dispute resolution process under clause 28); (iv) the Nominated Monthly Train Services for the Train Service Type will remain unchanged; and (v) the Surplus Access Rights for the Train Service Type will continue to form part of the Access Rights.

Consequences of a Variation Request Notice. ‌ (a) The effective date of a Variation Request Notice is the latest of:‌ (i) the date specified in the Variation Request Notice in accordance with clause 10.2(c)(i); (ii) the date the proposed Rollingstock Configuration for the Train Service Type specified in the ‘Authorisation Request Notice’ (as defined in the relevant Operator’s Train Operations Deed) becomes an ‘Authorised Rollingstock Configuration’ (as defined in the relevant Operator’s Train Operations Deed) for the Train Service Type; and (iii) if the Access Holder elected in the relevant Notice of Enquiry to relinquish the Surplus Access Rights for the Train Service Type, the date the Access Holder pays Aurizon Network the SAR Relinquishment Fee for the Surplus Access Rights for the Train Service Type, (Variation Effective Date). (b) If the Access Holder gives Aurizon Network a Variation Request Notice in respect of a Train Service Type and Type, then the Access Holder elected in will be taken, at the relevant same time, to have given Aurizon Network a Notice of Enquiry Intention to relinquish Relinquish under the Relinquishment Provisions which form part of this Agreement under clause Error! Reference source not found. in respect of which: (i) the Nominated Access Rights under those Relinquishment Provisions will be taken to be the Surplus Access Rights for the Train Service Type specified in the relevant Response Notice; and (ii) the Relinquishment Date under those Relinquishment Provisions will be taken to be the date specified in the Variation Request Notice. (b) Subject to clause 11.2(c), if the Access Holder gives Aurizon Network a Variation Request Notice in respect of a Train Service Type, then with effect on the Variation Effective Datethen: (i) the Maximum Payload for the Train Service Type will be taken to be varied to be the Proposed proposed increased Maximum Payload for the Train Service Type (as specified in the relevant Notice of Enquiry); (ii) the Nominal Payload for the Train Service Type will be taken to be varied to be the Revised Nominal Payload for the Train Service Type (as specified in the relevant Response Notice or, if clause 10.3 (a) applies, as agreed or determined through the Dispute resolution process under clause 28Notice);; and (iii) the Nominated Monthly Train Services for the Train Service Type will be taken to be varied to be the Revised Nominated Monthly Train Services for the Train Service Type (as specified in the relevant Response Notice orNotice), if clause 10.3(a) applies, as agreed or determined through with effect on the Dispute resolution process under clause 28);latest of: (iv) the Indicative Tonnage date specified in the Variation Request Notice; (v) if clause 11.2(c) applies, the date the proposed Rollingstock Configuration for the Train Service Type will remain unchanged; and (v) the Surplus Access Rights for the Train Service Type (as specified in the relevant Response Notice or, if clause 10.3 (a) applies, as agreed or determined through the Dispute resolution process under clause 28) will be relinquished and will cease to form part of the Access Rights. (c) If the Access Holder gives Aurizon Network a Variation Authorisation Request Notice in respect of a Train Service Type and the Access Holder elected in the relevant Notice of Enquiry to maintain the Surplus Access Rights becomes an Authorised Rollingstock Configuration for the Train Service Type, then with effect ; and (vi) the date the Access Holder pays Aurizon Network the [Relinquishment Fee] under the Relinquishment Provisions which form part of this Agreement under clause Error! Reference source not found. in respect of the relinquishment of the Surplus Access Rights. [Drafting note: see above drafting note on the Variation Effective Date: (i) the Maximum Payload for the Train Service Type will be taken to be the Proposed Maximum Payload for the Train Service Type (as specified in the relevant Notice calculation of Enquiry); (ii) the Nominal Payload for the Train Service Type will be taken to be the Revised Nominal Payload for the Train Service Type (as specified in the relevant Response Notice or, if clause 10.3(a) applies, as agreed or determined through the Dispute resolution process under clause 28); (iii) the Indicative Tonnage for the Train Service Type will be taken to be the Revised Indicative Tonnage for the Train Service Type (as specified in the relevant Response Notice or, if clause 10.3(a) applies, as agreed or determined through the Dispute resolution process under clause 28); (iv) the this fee.] 12 Reduction of Nominated Monthly Train Services for the Train Service Type will remain unchanged; and (v) the Surplus Access Rights for the Train Service Type will continue to form part of the Access Rights.if Nominal Payload increased

Consequences of a Variation Request Notice. ‌ (a) The effective date of a Variation Request Notice is the latest of:‌ (i) the date specified in the Variation Request Notice in accordance with clause 10.2(c)(i); (ii) the date the proposed Rollingstock Configuration for the Train Service Type specified in the ‘Authorisation Request Notice’ (as defined in the relevant Operator’s Train Operations Deed) becomes an ‘Authorised Rollingstock Configuration’ (as defined in the relevant Operator’s Train Operations Deed) for the Train Service Type; and (iii) if the Access Holder elected in the relevant Notice of Enquiry to relinquish the Surplus Access Rights for the Train Service Type, the date the Access Holder pays Aurizon Network the SAR Relinquishment Fee for the Surplus Access Rights for the Train Service Type, (Variation Effective Date). (b) If the Access Holder gives Aurizon Network a Variation Request Notice in respect of a Train Service Type and Type, then the Access Holder elected in will be taken, at the relevant same time, to have given Aurizon Network a Notice of Enquiry Intention to relinquish Relinquish under the Relinquishment Provisions which form part of this Agreement under clause 3 in respect of which: (i) the Nominated Access Rights under those Relinquishment Provisions will be taken to be the Surplus Access Rights for the Train Service Type specified in the relevant Response Notice; and (ii) the Relinquishment Date under those Relinquishment Provisions will be taken to be the date specified in the Variation Request Notice. (b) Subject to clause 11.2(c), if the Access Holder gives Aurizon Network a Variation Request Notice in respect of a Train Service Type, then with effect on the Variation Effective Datethen: (i) the Maximum Payload for the Train Service Type will be taken to be varied to be the Proposed proposed increased Maximum Payload for the Train Service Type (as specified in the relevant Notice of Enquiry); (ii) the Nominal Payload for the Train Service Type will be taken to be varied to be the Revised Nominal Payload for the Train Service Type (as specified in the relevant Response Notice or, if clause 10.3 (a) applies, as agreed or determined through the Dispute resolution process under clause 28Notice);; and (iii) the Nominated Monthly Train Services for the Train Service Type will be taken to be varied to be the Revised Nominated Monthly Train Services for the Train Service Type (as specified in the relevant Response Notice orNotice), if clause 10.3(a) applies, as agreed or determined through with effect on the Dispute resolution process under clause 28);latest of: (iv) the Indicative Tonnage date specified in the Variation Request Notice; (v) if clause 11.2(c) applies, the date the proposed Rollingstock Configuration for the Train Service Type will remain unchanged; and (v) the Surplus Access Rights for the Train Service Type (as specified in the relevant Response Notice or, if clause 10.3 (a) applies, as agreed or determined through the Dispute resolution process under clause 28) will be relinquished and will cease to form part of the Access Rights. (c) If the Access Holder gives Aurizon Network a Variation Authorisation Request Notice in respect of a Train Service Type and the Access Holder elected in the relevant Notice of Enquiry to maintain the Surplus Access Rights becomes an Authorised Rollingstock Configuration for the Train Service Type, then with effect ; and (vi) the date the Access Holder pays Aurizon Network the [Relinquishment Fee] under the Relinquishment Provisions which form part of this Agreement under clause 3 in respect of the relinquishment of the Surplus Access Rights. [Drafting note: see above drafting note on the Variation Effective Date: (i) the Maximum Payload for the Train Service Type will be taken to be the Proposed Maximum Payload for the Train Service Type (as specified in the relevant Notice calculation of Enquiry); (ii) the Nominal Payload for the Train Service Type will be taken to be the Revised Nominal Payload for the Train Service Type (as specified in the relevant Response Notice or, if clause 10.3(a) applies, as agreed or determined through the Dispute resolution process under clause 28); (iii) the Indicative Tonnage for the Train Service Type will be taken to be the Revised Indicative Tonnage for the Train Service Type (as specified in the relevant Response Notice or, if clause 10.3(a) applies, as agreed or determined through the Dispute resolution process under clause 28); (iv) the this fee.] 12 Reduction of Nominated Monthly Train Services for the Train Service Type will remain unchanged; and (v) the Surplus Access Rights for the Train Service Type will continue to form part of the Access Rights.if Nominal Payload increased [not used]