Common use of Determining the Affected Train Service Type Clause in Contracts

Determining the Affected Train Service Type. ‌ (a) If Aurizon Network gives the Access Holder a Reduction Notice and the relevant Train Service Type (Split Train Service Type) operated by the Defaulting Operator which has exceeded the Maximum Payload is also operated by another Operator (Non-Defaulting Operator):‌ (i) the Train Service Type operated by the Defaulting Operator (New Train Service Type); and‌ (ii) the Train Service Type operated by the Non-Defaulting Operator (Original Train Service Type),‌ are deemed to be two different Train Service Types on the basis that: (iii) the “Nominated Monthly Train Services (for a 30 day Month)” for the New Train Service Type is deemed to be the “Nominated Monthly Train Services (for a 30 day Month)” allocated to the Defaulting Operator in respect of the Split Train Service Type as at the Assessment Date;‌ (iv) the “Nominated Monthly Train Services (for a 30 day Month)” for the Original Train Service Type is deemed to be the “Nominated Monthly Train Services (for a 30 day Month)” which was not allocated to the Defaulting Operator in respect of the Split Train Service Type as at the Assessment Date; and‌ (v) subject to clauses 11.2(a)(iii) and 11.2(a)(iv), the Train Description for: (A) the New Train Service Type; and (B) the Original Train Service Type, is otherwise the same as for the Split Train Service Type. (b) The Affected Train Service Type is: (i) if clause 11.2(a) applies, the New Train Service Type operated by the Defaulting Operator; and (ii) in any other case, the Train Service Type operated by the Defaulting Operator which has exceeded the Maximum Payload.

Determining the Affected Train Service Type. ‌ (a) If Aurizon Network gives the Access Holder a Reduction Notice and the relevant Train Service Type (Split Train Service Type) operated by the Defaulting Operator which has exceeded the Maximum Payload is also operated by another Operator (Non-Defaulting Operator):‌Operator): (i) the Train Service Type operated by the Defaulting Operator (New Train Service Type); and‌and (ii) the Train Service Type operated by the Non-Defaulting Operator (Original Train Service Type),‌ Type), are deemed to be two different Train Service Types on the basis that: (iii) the “Nominated Monthly Train Services (for a 30 day Month)” for the New Train Service Type is deemed to be the “Nominated Monthly Train Services (for a 30 day Month)” allocated to the Defaulting Operator in respect of the Split Train Service Type as at the Assessment Date;‌Date; (iv) the “Nominated Monthly Train Services (for a 30 day Month)” for the Original Train Service Type is deemed to be the “Nominated Monthly Train Services (for a 30 day Month)” which was not allocated to the Defaulting Operator in respect of the Split Train Service Type as at the Assessment Date; and‌and (v) subject to clauses 11.2(a)(iii) and 11.2(a)(iv), the Train Description for: (A) the New Train Service Type; and (B) the Original Train Service Type, is otherwise the same as for the Split Train Service Type. (b) The Affected Train Service Type is: (i) if clause 11.2(a) applies, the New Train Service Type operated by the Defaulting Operator; and (ii) in any other case, the Train Service Type operated by the Defaulting Operator which has exceeded the Maximum Payload.

Determining the Affected Train Service Type. ‌ (a) If Aurizon Network gives the Access Holder a Reduction Notice and the relevant Train Service Type (Split Train Service Type) operated by in respect of which the Defaulting Operator which has exceeded failed to comply with the Maximum Payload relevant Train Service Description is also operated by another Operator (Non-Non- Defaulting Operator):‌Operator): (i) the Train Service Type operated by the Defaulting Operator (New Train Service Type); and‌and (ii) the Train Service Type operated by the Non-Defaulting Operator (Original Train Service Type),‌ Type), are deemed to be two different Train Service Types on the basis that: (iii) the “Nominated Monthly Train Services (for a 30 day Month)” for the New Train Service Type is deemed to be the “Nominated Monthly Train Services (for a 30 day Month)” allocated to the Defaulting Operator in respect of the Split Train Service Type as at the Assessment Date;‌date on which notice is given by Aurizon Network of any action it intends to take under clause 16.5(c); (iv) the “Nominated Monthly Train Services (for a 30 day Month)” for the Original Train Service Type is deemed to be the “Nominated Monthly Train Services (for a 30 day Month)” which was not allocated to the Defaulting Operator in respect of the Split Train Service Type as at the Assessment Datedate on which notice is given by Aurizon Network of any action it intends to take under clause 16.5(c); and‌and (v) subject to clauses 11.2(a)(iii16.6(a)(iii) and 11.2(a)(iv16.6(a)(iv), the Train Service Description for: (A) the New Train Service Type; and and (B) the Original Train Service Type, is otherwise the same as for the Split Train Service Type. (b) The Affected Train Service Type is: (i) if clause 11.2(a16.6(a) applies, the New Train Service Type operated by the Defaulting Operator; and (ii) in any other case, the Train Service Type operated by in respect of which the Defaulting Operator which has exceeded failed to comply with the Maximum Payload.relevant Train Service Description. 1715 Weighbridges and Overload Detectors

Determining the Affected Train Service Type. ‌ (a) If Aurizon Network gives the Access Holder a Reduction Notice and the relevant Train Service Type (Split Train Service Type) operated by in respect of which the Defaulting Operator which has exceeded failed to comply with the Maximum Payload relevant Train Service Description is also operated by another Operator (Non-Non- Defaulting Operator):‌Operator): (i) the Train Service Type operated by the Defaulting Operator (New Train Service Type); and‌and (ii) the Train Service Type operated by the Non-Defaulting Operator (Original Train Service Type),‌ Type), are deemed to be two different Train Service Types on the basis that: (iii) the “Nominated Monthly Train Services (for a 30 day Month)” for the New Train Service Type is deemed to be the “Nominated Monthly Train Services (for a 30 day Month)” allocated to the Defaulting Operator in respect of the Split Train Service Type as at the Assessment Date;‌date on which notice is given by Aurizon Network of any action it intends to take under clause 16.5(c); (iv) the “Nominated Monthly Train Services (for a 30 day Month)” for the Original Train Service Type is deemed to be the “Nominated Monthly Train Services (for a 30 day Month)” which was not allocated to the Defaulting Operator in respect of the Split Train Service Type as at the Assessment Datedate on which notice is given by Aurizon Network of any action it intends to take under clause 16.5(c); and‌and (v) subject to clauses 11.2(a)(iii16.6(a)(iii) and 11.2(a)(iv16.6(a)(iv), the Train Service Description for: (A) the New Train Service Type; and (B) the Original Train Service Type, is otherwise the same as for the Split Train Service Type. (b) The Affected Train Service Type is: (i) if clause 11.2(a) applies, the New Train Service Type operated by the Defaulting Operator; and (ii) in any other case, the Train Service Type operated by the Defaulting Operator which has exceeded the Maximum Payload.

Determining the Affected Train Service Type. ‌ (a) If Aurizon Network gives the Access Holder a Reduction Notice and the relevant Train Service Type (Split Train Service Type) operated by the Defaulting Operator which has exceeded the Maximum Payload is also operated by another Operator (Non-Defaulting Operator):‌Operator): (i) the Train Service Type operated by the Defaulting Operator (New Train Service Type); and‌and (ii) the Train Service Type operated by the Non-Defaulting Operator (Original Train Service Type),‌ Type), are deemed to be two different Train Service Types on the basis that: : (iii) the “Nominated Monthly Train Services (for a 30 day Month)” for the New Train Service Type is deemed to be the “Nominated Monthly Train Services (for a 30 day Month)” allocated to the Defaulting Operator in respect of the Split Train Service Type as at the Assessment Date;‌Date; (iv) the “Nominated Monthly Train Services (for a 30 day Month)” for the Original Train Service Type is deemed to be the “Nominated Monthly M onthly Train Services (for a 30 day Month)” which was not allocated to the Defaulting Operator in respect of the Split Train Service Type as at the Assessment Date; and‌and (v) subject to clauses 11.2(a)(iii8.2(a)(iii) and 11.2(a)(iv8.2(a)(iv), the Train Service Description for: (A) the New Train Service Type; and and (B) the Original Train Service Type, is otherwise the same as for the Split Train Service Type. (b) The Affected Train Service Type is: (i) if clause 11.2(a) applies, the New Train Service Type operated by the Defaulting Operator; and (ii) in any other case, the Train Service Type operated by the Defaulting Operator which has exceeded the Maximum Payload.,

Determining the Affected Train Service Type. ‌ (a) If Aurizon Network gives the Access Holder a Reduction Notice and the relevant Train Service Type (Split Train Service Type) operated by the Defaulting Operator which has exceeded the Maximum Payload is also operated by another Operator (Non-Defaulting Operator):‌Operator): (i) the Train Service Type operated by the Defaulting Operator (New Train Service Type); and‌and (ii) the Train Service Type operated by the Non-Defaulting Operator (Original Train Service Type),‌ are deemed to be two different Train Service Types on the basis that:Type), (iii) the “Nominated Monthly Train Services (for a 30 day Month)” for the New Train Service Type is deemed to be the “Nominated Monthly Train Services (for a 30 day Month)” allocated to the Defaulting Operator in respect of the Split Train Service Type as at the Assessment Date;‌Date; (iv) the “Nominated Monthly Train Services (for a 30 day Month)” for the Original Train Service Type is deemed to be the “Nominated Monthly Train Services (for a 30 day Month)” which was not allocated to the Defaulting Operator in respect of the Split Train Service Type as at the Assessment Date; and‌and (v) subject to clauses 11.2(a)(iii10.2(a)(iii) and 11.2(a)(iv10.2(a)(iv), the Train Description for: (A) the New Train Service Type; and and (B) the Original Train Service Type, is otherwise the same as for the Split Train Service Type., (b) The Affected Train Service Type is: (i) if clause 11.2(a10.2 (a) applies, the New Train Service Type operated by the Defaulting Operator; and (ii) in any other case, the Train Service Type operated by the Defaulting Operator which has exceeded the Maximum Payload.

Determining the Affected Train Service Type. ‌ (a) If Aurizon Network gives the Access Holder a Reduction Notice and the relevant Train Service Type (Split Train Service Type) operated by the Defaulting Operator which has exceeded the Maximum Payload is also operated by another Operator (Non-Defaulting Operator):‌Operator): (i) the Train Service Type operated by the Defaulting Operator (New Train Service Type); and‌and (ii) the Train Service Type operated by the Non-Defaulting Operator (Original Train Service Type),‌ are deemed to be two different Train Service Types on the basis that:Type), (iii) the “Nominated Monthly Train Services (for a 30 day Month)” for the New Train Service Type is deemed to be the “Nominated Monthly Train Services (for a 30 day Month)” allocated to the Defaulting Operator in respect of the Split Train Service Type as at the Assessment Date;‌Date; (iv) the “Nominated Monthly Train Services (for a 30 day Month)” for the Original Train Service Type is deemed to be the “Nominated Monthly Train Services (for a 30 day Month)” which was not allocated to the Defaulting Operator in respect of the Split Train Service Type as at the Assessment Date; and‌and (v) subject to clauses 11.2(a)(iii10.211.2(a)(iii) and 11.2(a)(iv10.211.2(a)(iv), the Train Description for: (A) the New Train Service Type; and (B) the Original Train Service Type, is otherwise the same as for the Split Train Service Type., (b) The Affected Train Service Type is: (i) if clause 11.2(a10.211.2 (a) applies, the New Train Service Type operated by the Defaulting Operator; and (ii) in any other case, the Train Service Type operated by the Defaulting Operator which has exceeded the Maximum Payload.

Determining the Affected Train Service Type. ‌ (a) If Aurizon Network gives the Access Holder a Reduction Notice and the relevant Train Service Type (Split Train Service Type) operated by the Defaulting Operator which has exceeded the Maximum Payload is also operated by another Operator (Non-Defaulting Operator):‌Operator): (i) the Train Service Type operated by the Defaulting Operator (New Train Service Type); and‌and (ii) the Train Service Type operated by the Non-Defaulting Operator (Original Train Service Type),‌ are deemed to be two different Train Service Types on the basis that:Type), (iii) the “Nominated Monthly Train Services (for a 30 day Month)” for the New Train Service Type is deemed to be the “Nominated Monthly Train Services (for a 30 day Month)” allocated to the Defaulting Operator in respect of the Split Train Service Type as at the Assessment Date;‌Date; (iv) the “Nominated Monthly Train Services (for a 30 day Month)” for the Original Train Service Type is deemed to be the “Nominated Monthly Train Services (for a 30 day Month)” which was not allocated to the Defaulting Operator in respect of the Split Train Service Type as at the Assessment Date; and‌and (v) subject to clauses 11.2(a)(iii10.2(a)(iii) and 11.2(a)(iv10.2(a)(iv), the Train Description for: (A) the New Train Service Type; and (B) the Original Train Service Type, is otherwise the same as for the Split Train Service Type., (b) The Affected Train Service Type is: (i) if clause 11.2(a10.2(a) applies, the New Train Service Type operated by the Defaulting Operator; and (ii) in any other case, the Train Service Type operated by the Defaulting Operator which has exceeded the Maximum Payload.

Determining the Affected Train Service Type. ‌ (a) If Aurizon Network gives the Access Holder a Reduction Notice and the relevant Train Service Type (Split Train Service Type) operated by in respect of which the Defaulting Operator which has exceeded failed to comply with the Maximum Payload relevant Train Service Description is also operated by another Operator (Non-Non- Defaulting Operator):‌Operator): (i) the Train Service Type operated by the Defaulting Operator (New Train Service Type); and‌and (ii) the Train Service Type operated by the Non-Defaulting Operator (Original Train Service Type),‌ Type), are deemed to be two different Train Service Types on the basis that: (iii) the “Nominated Monthly Train Services (for a 30 day Month)” for the New Train Service Type is deemed to be the “Nominated Monthly Train Services (for a 30 day Month)” allocated to the Defaulting Operator in respect of the Split Train Service Type as at the Assessment Date;‌date on which notice is given by Aurizon Network of any action it intends to take under clause 16.5(c); (iv) the “Nominated Monthly Train Services (for a 30 day Month)” for the Original Train Service Type is deemed to be the “Nominated Monthly Train Services (for a 30 day Month)” which was not allocated to the Defaulting Operator in respect of the Split Train Service Type as at the Assessment Datedate on which notice is given by Aurizon Network of any action it intends to take under clause 16.5(c); and‌and (v) subject to clauses 11.2(a)(iii16.6(a)(iii) and 11.2(a)(iv16.6(a)(iv), the Train Service Description for: (A) the New Train Service Type; and and (B) the Original Train Service Type, is otherwise the same as for the Split Train Service Type., (b) The Affected Train Service Type is: (i) if clause 11.2(a16.6(a) applies, the New Train Service Type operated by the Defaulting Operator; and (ii) in any other case, the Train Service Type operated by in respect of which the Defaulting Operator which has exceeded failed to comply with the Maximum Payload.relevant Train Service Description. 1816 Weighbridges and Overload Detectors