Common use of Determination of Reduced Conditional Access Rights for Segments Clause in Contracts

Determination of Reduced Conditional Access Rights for Segments. Within a reasonable time after the completion of a Capacity Assessment in respect of an Expansion, Aurizon Network must: (a) determine whether or not there is a Capacity Shortfall for any Segment of the Expansion; and (b) in respect of any Segment of the Expansion for which there is a Capacity Shortfall, calculate the Reduced Conditional Access Rights for that Segment in accordance with the following formula: CAR(Original) RCAR = EAR x where: RCAR = the Reduced Conditional Access Rights for the relevant Segment of the Expansion (expressed as a number of Train Services and rounded down to the nearest even number of whole Train Services) EAR = the lesser of: (a) the sum of CC and IAC; and (b) ∑CAR(Original), (expressed as a number of Network Train Services) CC = the Capacity Change for the relevant Segment of the Expansion (expressed as a number of Network Train Services) IAC = the amount (expressed as a number of Network Train Services) specified as the “Initial Available Capacity” for the Segment in the Train Service Description for the Conditional Access Rights CAR(Original) = the Conditional Access Rights (expressed as a number of Train Services) ∑CAR(Original) = the sum of: (a) the Conditional Access Rights (expressed as a number of Network Train Services); and

Determination of Reduced Conditional Access Rights for Segments. Within a reasonable time after the completion of a Capacity Assessment in respect of an Expansion, Aurizon Network must: (a) determine whether or not there is a Capacity Shortfall for any Segment of the Expansion; and (b) in respect of any Segment of the Expansion for which there is a Capacity Shortfall, calculate the Reduced Conditional Access Rights for that Segment in accordance with the following formula: CAR(Original) RCAR = EAR x ΣCAR(Original) where: RCAR = the Reduced Conditional Access Rights for the relevant Segment of the Expansion (expressed as a number of Train Services and rounded down to the nearest even number of whole Train Services) EAR = the lesser of: (a) the sum of CC and IAC; and (b) ∑CAR(OriginalΣCAR(Original), (expressed as a number of Network Train Services) CC = the Capacity Change for the relevant Segment of the Expansion (expressed as a number of Network Train Services) IAC = the amount (expressed as a number of Network Train Services) specified as the “Initial Available Capacity” for the Segment in the Train Service Description for the Conditional Access Rights CAR(Original) = the Conditional Access Rights (expressed as a number of Train Services) ∑CAR(OriginalΣCAR(Original) = the sum of: (a) the Conditional Access Rights (expressed as a number of Network Train Services); and

Determination of Reduced Conditional Access Rights for Segments. Within a reasonable time after the completion of a Capacity Assessment in respect of an Expansion, Aurizon Network must: (a) determine whether or not there is a Capacity Shortfall for any Segment of the Expansion; and (b) in respect of any Segment of the Expansion for which there is a Capacity Shortfall, calculate the Reduced Conditional Access Rights for that Segment in accordance with the following formula: CAR(Original) RCAR = EAR x where: RCAR = the Reduced Conditional Access Rights for the relevant Segment of the Expansion (expressed as a number of Train Services and rounded down to the nearest even number of whole Train Services) EAR = the lesser of: (a) the sum of CC and IAC; and and (b) ∑CAR(Original), (expressed as a number of Network Train Services) CC = the Capacity Change for the relevant Segment of the Expansion (expressed as a number of Network Train Services) IAC = the amount (expressed as a number of Network Train Services) specified as the “Initial Available Capacity” for the Segment in the Train Service Description for the Conditional Access Rights CAR(Original) = the Conditional Access Rights (expressed as a number of Train Services) ∑CAR(Original) = the sum of: : (a) the Conditional Access Rights (expressed as a number of Network Train Services); and (b) for each Other Conditional Access Holder for the Segment of the Expansion, the Other Conditional Access Holder’s Other Conditional Access Rights for the Expansion (expressed as a number of Network Train Services).

Determination of Reduced Conditional Access Rights for Segments. Within a reasonable time (and in any event no later than 6 months) after the completion of a Capacity Assessment in respect of an Expansion, Aurizon Network must: (a) determine whether or not there is a Capacity Shortfall for any Segment of the Expansion; (b) determine 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; and (bc) in respect of any Segment of the Expansion for which there is a Capacity Shortfall, calculate the Reduced Conditional Access Rights for that Segment in accordance with the following formula: CAR(Original) RCAR = EAR x CAR(Original) ∑ CAR(Original) where: RCAR = the Reduced Conditional Access Rights for the relevant Segment of the Expansion (expressed as a number of Train Services and rounded down to the nearest even number of whole Train Services) EAR = the lesser of: (a) the sum of CC and IAC; and (b) ∑CAR(Original∑ CAR(Original), (expressed as a number of Network Train Services) CC = the Capacity Change for the relevant Segment of the Expansion (expressed as a number of Network Train Services) IAC = the amount (expressed as a number of Network Train Services) specified as the “Initial Available Capacity” for the Segment in the Train Service Description for the Conditional Access Rights CAR(Original) = the Conditional Access Rights (expressed as a number of Train Services) ∑CAR(Original) = the sum of: : (a) the Conditional Access Rights (expressed as a number of Network Train Services); and (b) for each Other Conditional Access Holder for the Segment of the Expansion, the Other Conditional Access Holder’s Other Conditional Access Rights for the Expansion (expressed as a number of Network Train Services).

Determination of Reduced Conditional Access Rights for Segments. Within a reasonable time after the completion of a Capacity Assessment in respect of an Expansion, Aurizon Network must: (a) determine whether or not there is a Capacity Shortfall for any Segment of the Expansion; and (b) in respect of any Segment of the Expansion for which there is a Capacity Shortfall, calculate the Reduced Conditional Access Rights for that Segment in accordance with the following formula: CAR(Original) RCAR = EAR x where: RCAR = the Reduced Conditional Access Rights for the relevant Segment of the Expansion (expressed as a number of Train Services and rounded down to the nearest even number of whole Train Services) EAR = the lesser of: (a) the sum of CC and IAC; and (b) ∑CAR(Original), (expressed as a number of Network Train Services) CC = the Capacity Change for the relevant Segment of the Expansion (expressed as a number of Network Train Services) IAC = the amount (expressed as a number of Network Train Services) specified as the “Initial Available Capacity” for the Segment in the Train Service Description for the Conditional Access Rights CAR(Original) = the Conditional Access Rights (expressed as a number of Train Services) ∑CAR(Original) = the sum of: (a) the Conditional Access Rights (expressed as a number of Network Train Services); andand (b) for each Other Conditional Access Holder for the Segment of the Expansion, the Other Conditional Access Holder’s Other Conditional Access Rights for the Expansion (expressed as a number of Network Train Services).

Determination of Reduced Conditional Access Rights for Segments. Within a reasonable time after the completion of a Capacity Assessment in respect of an Expansion, Aurizon Network must: (a) determine whether or not there is a Capacity Shortfall for any Segment of the Expansion; and (b) in respect of any Segment of the Expansion for which there is a Capacity Shortfall, calculate the Reduced Conditional Access Rights for that Segment in accordance with the following formula: CAR(Original) RCAR = EAR x where: RCAR = the Reduced Conditional Access Rights for the relevant Segment of the Expansion (expressed as a number of Train Services and rounded down to the nearest even number of whole Train Services) EAR = the lesser of: : (ab) the sum of CC and IAC; and and (bc) ∑CAR(Original), (expressed as a number of Network Train Services) CC = the Capacity Change for the relevant Segment of the Expansion (expressed as a number of Network Train Services) IAC = the amount (expressed as a number of Network Train Services) specified as the “Initial Available Capacity” for the Segment in the Train Service Description for the Conditional Access Rights CAR(Original) = the Conditional Access Rights (expressed as a number of Train Services) ∑CAR(Original) = the sum of: (a) the Conditional Access Rights (expressed as a number of Network Train Services); and