Common use of Consequences of Capacity Shortfall Clause in Contracts

Consequences of Capacity Shortfall. Within a reasonable time after the completion of a Capacity Assessment in respect of an Expansion, Aurizon Network must give the End User a notice (Capacity Assessment Notice) which specifies: (a) the Conditional Access Rights which are conditional upon the completion and commissioning of the Expansion; (b) the amount of the Capacity Change for each Segment of the Expansion (as determined by Aurizon Network under clause 9.3(a)); (c) whether or not there is a Capacity Shortfall in respect of any Segment of the Expansion; (d) if there is a Capacity Shortfall in respect of any Segment of the Expansion, the Reduced Conditional Access Rights for each such Segment of the Expansion (calculated in accordance with the formula in clause 9.4), including reasonable details of the calculation of the Reduced Conditional Access Rights for each such Segment; and (e) that, with effect on the date that is 10 Business Days after the Capacity Assessment Notice is given to the End User, the Conditional Access Rights will be taken to be varied to be the lowest of the Reduced Conditional Access Rights for a Segment of the Expansion referred to in clause 9.5(d).

Consequences of Capacity Shortfall. Within a reasonable time after the completion of a Capacity Assessment in respect of an Expansion, Aurizon Network must give the End User a notice (Capacity Assessment Notice) which specifies: (a) the Conditional Access Rights which are conditional upon the completion and commissioning of the Expansion; (b) the amount of the Capacity Change for each Segment of the Expansion (as determined by Aurizon Network under clause 9.3(a)); (c) whether or not there is a Capacity Shortfall in respect of any Segment of the ExpansionExpansion and if so the reasons for the Capacity Shortfall, it being acknowledged that where the Capacity Shortfall is caused by an act or omission of Aurizon Network, Aurizon Network is deemed to be in breach of this Agreement; (d) if there is a Capacity Shortfall in respect of any Segment of the Expansion, the Reduced Conditional Access Rights for each such Segment of the Expansion (calculated in accordance with the formula in clause 9.4), including reasonable details of the calculation of the Reduced Conditional Access Rights for each such Segment; and (e) that, with effect on the date that is 10 Business Days after the Capacity Assessment Notice is given to the End User, the Conditional Access Rights will be taken to be varied to be the lowest of the Reduced Conditional Access Rights for a Segment of the Expansion referred to in clause 9.5(d).

Consequences of Capacity Shortfall. Within a reasonable time after the completion of a Capacity Assessment in respect of an Expansion, Aurizon Network must give the End User a notice (Capacity Assessment Notice) which specifies: (a) the Conditional Access Rights which are conditional upon the completion and commissioning of the Expansion; (b) the amount of the Capacity Change for each Segment of the Expansion (as determined by Aurizon Network under clause 9.3(a7.3(a)); (c) whether or not there is a Capacity Shortfall in respect of any Segment of the Expansion; (d) if there is a Capacity Shortfall in respect of any Segment of the Expansion, the Reduced Conditional Access Rights for each such Segment of the Expansion (calculated in accordance with the formula in clause 9.47.4), including reasonable details of the calculation of the Reduced Conditional Access Rights for each such Segment; and (e) that, with effect on the date that is 10 Business Days after the Capacity Assessment Notice is given to the End User, the Conditional Access Rights will be taken to be varied to be the lowest of the Reduced Conditional Access Rights for a Segment of the Expansion referred to in clause 9.5(d7.5(d).

Consequences of Capacity Shortfall. Within a reasonable time after the completion of a Capacity Assessment in respect of an Expansion, Aurizon Network must give the End User Operator a notice (Capacity Assessment Notice) which specifies: (a) the Conditional Access Rights which are conditional upon the completion and commissioning of the Expansion; (b) the amount of the Capacity Change for each Segment of the Expansion (as determined by Aurizon Network under clause 9.3(a)); (c) whether or not there is a Capacity Shortfall in respect of any Segment of the Expansion; (d) if there is a Capacity Shortfall in respect of any Segment of the Expansion, the Reduced Conditional Access Rights for each such Segment of the Expansion (calculated in accordance with the formula in clause 9.4), including reasonable details of the calculation of the Reduced Conditional Access Rights for each such Segment; and (e) that, with effect on the date that is 10 Business Days after the Capacity Assessment Notice is given to the End UserOperator, the Conditional Access Rights will be taken to be varied to be the lowest of the Reduced Conditional Access Rights for a Segment of the Expansion referred to in clause 9.5(d).

Consequences of Capacity Shortfall. Within a reasonable time after the completion of a Capacity Assessment in respect of an Expansion, Aurizon Network must give the End User a notice (Capacity Assessment Notice) which specifies: (a) the Conditional Access Rights which are conditional upon the completion and commissioning of the Expansion; (b) the amount of the Capacity Change for each Segment of the Expansion (as determined by Aurizon Network under clause 9.3(a8.3(a)); (c) whether or not there is a Capacity Shortfall in respect of any Segment of the Expansion; (d) if there is a Capacity Shortfall in respect of any Segment of the Expansion, the Reduced Conditional Access Rights for each such Segment of the Expansion (calculated in accordance with the formula in clause 9.48.4), including reasonable details of the calculation of the Reduced Conditional Access Rights for each such Segment; and (e) that, with effect on the date that is 10 Business Days after the Capacity Assessment Notice is given to the End User, the Conditional Access Rights will be taken to be varied to be the lowest of the Reduced Conditional Access Rights for a Segment of the Expansion referred to in clause 9.5(d8.5(d).

Consequences of Capacity Shortfall. Within a reasonable time after the completion of a Capacity Assessment in respect of an Expansion, Aurizon Network must give the End User a notice (Capacity Assessment Notice) which specifies: (a) the Conditional Access Rights which are conditional upon the completion and commissioning of the Expansion; (b) the amount of the Capacity Change for each Segment of the Expansion (as determined by Aurizon Network under clause 9.3(a7.3(a)); (c) whether or not there is a Capacity Shortfall in respect of any Segment of the Expansion; (d) if there is a Capacity Shortfall in respect of any Segment of the Expansion, the Reduced Conditional Access Rights for each such Segment of the Expansion (calculated in accordance with the formula in clause 9.47.4), including reasonable details of the calculation of the Reduced Conditional Access Rights for each such Segment; and (e) that, with effect on the date that is 10 Business Days after the Capacity Assessment Notice is given to the End User, the Conditional Access Rights will be taken to be varied to be the lowest of the Reduced Conditional Access Rights for a Segment of the Expansion referred to in clause 9.5(d7.5(d).

Consequences of Capacity Shortfall. Within a reasonable time after the completion of a Capacity Assessment in respect of an Expansion, Aurizon Network must give the End User Operator a notice (Capacity Assessment Notice) which specifies: (a) the Conditional Access Rights which are conditional upon the completion and commissioning of the Expansion; (b) the amount of the Capacity Change for each Segment of the Expansion (as determined by Aurizon Network under clause 9.3(a)); (c) whether or not there is a Capacity Shortfall in respect of any Segment of the Expansion; (d) if there is a Capacity Shortfall in respect of any Segment of the Expansion, the Reduced Conditional Access Rights for each such Segment of the Expansion (calculated in accordance with the formula in clause 9.4), including reasonable details of the calculation of the Reduced Conditional Access Rights for each such Segment; and (e) that, with effect on the date that is 10 Business Days after the Capacity Assessment Notice is given to the End UserOperator, the Conditional Access Rights will be taken to be varied to be the lowest of the Reduced Conditional Access Rights for a Segment of the Expansion referred to in clause 9.5(d).