Effect on Operator nominations Clause Samples
The 'Effect on Operator nominations' clause defines how certain events or actions impact the nominations made by the Operator, typically regarding the scheduling or allocation of resources such as gas, electricity, or other commodities. In practice, this clause outlines the procedures to follow if circumstances change after the Operator has submitted its nominations, such as adjustments due to force majeure, changes in demand, or operational constraints. Its core function is to ensure that all parties understand how nominations may be modified or nullified under specific conditions, thereby providing clarity and reducing disputes related to resource allocation or delivery obligations.
Effect on Operator nominations. (a) Within the later of:
(i) two Business Days after the Capacity Assessment Notice is given to the Access Holder in accordance with the Conditional Access Provisions which form part of this Agreement under clause 3; and
(ii) if the Access Holder disputes the Capacity Assessment Notice, two Business Days after the resolution of the Dispute, the Access Holder may notify Aurizon Network and each affected Operator in accordance with clause 4.5(a) to vary the Access Rights which the Access Holder has allocated to an Operator to take into account the variation to the Conditional Access Rights under the Conditional Access Provisions which form part of this Agreement under clause 3.
(b) Except to the extent that the Access Holder has given a notice as contemplated in clause 9.3(a) in respect of the variation to the Conditional Access Rights under the Conditional Access Provisions which form part of this Agreement under clause 3 for each affected Train Service Type, the variation to the Conditional Access Rights for each affected Train Service Type:
(i) are deemed to reduce the Access Rights for that Train Service Type for which the Access Holder has not nominated an Operator; and
(ii) if, after the operation of clause 9.3(b)(i), there remains an Over- Allocation for the relevant Train Service Type, clause 4.7 applies in respect of that Over-Allocation.
Effect on Operator nominations. (a) Within the later of:
(i) two Business Days after the Capacity Assessment Notice is given to the End User; and
(ii) if the End User gives the Aurizon Network a Dispute Notice referred to in clause 7.6(a) or the End User is otherwise invited to participate in the dispute resolution process under the relevant Other Conditional Access Holder’s Access Agreement in accordance with clause 7.6(d), two Business Days after the resolution of the Dispute, the End User may give notice to Aurizon Network and each affected Operator in accordance with clause 3.4(a) to vary the Access Rights which the End User has allocated to an Operator to take into account the variation to the Conditional Access Rights under this clause 7.
(b) Except to the extent that the End User has given a notice as contemplated in clause 7.8(a) in respect of the variation to the Conditional Access Rights under this clause 7 for each affected Train Service Type, the variation to the Conditional Access Rights for each affected Train Service Type:
(i) firstly, are deemed to reduce the Access Rights for that Train Service Type for which the End User has not nominated an Operator; and
(ii) if, after the operation of clause 7.8(b)(i), there remains an Over- Allocation for the relevant Train Service Type, clause 3.6 applies in respect of that Over-Allocation.
(c) As soon as practicable after the expiry of the period referred to in clause 7.8(a), Aurizon Network must, in respect of each Train Service Type affected by the variation to the Conditional Access Rights:
(i) issue a notice to the End User setting out the changes to the “Nominated Monthly Train Services (for a 30 day Month)” set out in schedule 2 of this Agreement; and
(ii) issue a notice to each affected Operator and the End User setting out the changes to the “Nominated Monthly Operational Rights (for a 30 day Month)” in schedule 2 of the relevant affected Operator’s Train Operations Agreement.
Effect on Operator nominations. (a) Within the later of: (i) two Business Days after the Capacity Assessment Notice is given to the End UserAccess Holder in accordance with the Conditional Access Provisions; and
Effect on Operator nominations. (a)(c) Within the later of:
(i) two Business Days after the Resumption Notice a notice triggering a proposed resumption is given to the End UserAccess Holder; and
(ii) if the End UserAccess Holder gives a notice in accordance with clause 1.1 Disputingdisputes a proposed resumption, two Business Days after the resolution of the Dispute, the End UserAccess Holder may give notice to Aurizon Network and each affected Operator in accordance with clause 4.4(a) to vary the Access Rights which the End UserAccess Holder has allocated to an Operator to take into account the Resumed Access Rightsany resumption of Access Rights determined or agreed under the Resumption Provisions.
Effect on Operator nominations. (a) Within the later of:
(i) two Business Days after the Resumption Notice is given to the End User; and
(ii) if the End User gives a notice in accordance with clause 6.5 Disputing a proposed resumption, two Business Days after the resolution of the Dispute, the End Userthe Access Holder may give notice to Aurizon Network and each affected Operator in accordance with clause 3.4(a)4.5(a) to vary the Access Rights which the End UserAccess Holder has allocated to an Operator to take into account the Resumed Access Rights.any resumption of Access Rights determined or agreed under the Resumption Provisions which form part of this Agreement under clause 3 or as determined under the relevant dispute resolution process.
(c) Except to the extent that the End UserAccess Holder has given a notice as contemplated in clause 6.7(a) in respect of the Resumed Access Rights, the Resumed8(b), the resumption of Access Rights for each Train Service Type:
(i) firstly, are deemed to reduce the Access Rights for that Train Service Type for which the End UserAccess Holder has not nominated an Operator; and
(ii) if, after the operation of clause 6.7(b)(i) 8(c)(i), there is an Over- Allocation for the relevant Train Service Type, clause 3.64.7 applies in respect of that Over-Allocation.
Effect on Operator nominations. (a)(c) Within the later of:
(i) two Business Days after the Resumption Notice a notice triggering a proposed resumption is given to the End UserAccess Holder; and
(ii) if the End UserAccess Holder gives a notice in accordance with clause 1.1 Disputingdisputes a proposed resumption, two Business Days after the resolution of the Dispute, the End UserAccess Holder may give notice to Aurizon Network and each affected Operator in accordance with clause 4.4(a) to vary the Access Rights which the End UserAccess Holder has allocated to an Operator to take into account the Resumed Access Rightsany resumption of Access Rights determined or agreed under the Resumption Provisions.