Common use of Effect on Operator nominations Clause in Contracts

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 Access Holder in accordance with the Conditional Access Provisions which form part of this Agreement under clause 3Provisions; and (ii) if the Access Holder disputes the Capacity Assessment NoticeNotice or is otherwise invited to participate in the dispute resolution process under the relevant Other Conditional Access Holder’s Access Agreement, 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 39. (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 9 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 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- 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 Access Holder in accordance with the Conditional Access Provisions Provisions; which form part of this Agreement under clause 3; and (ii) if the Access Holder disputes the Capacity Assessment NoticeNotice or is otherwise invited to participate in the dispute resolution process under the relevant Other Conditional Access Holder’s Access Agreement, 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 this clause 9.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 this clause 9the 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 Access Holder in accordance with the Conditional Access Provisions which form part of this Agreement under clause 3Provisions; and (ii) if the Access Holder disputes the Capacity Assessment NoticeNotice or is otherwise invited to participate in the dispute resolution process under the relevant Other Conditional Access Holder’s Access Agreement, 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 38. (b) Except to the extent that the Access Holder has given a notice as contemplated in clause 9.3(a8.3(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 8 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)(i8.3(b)(i), there remains an Over- Allocation for the relevant Train Service Type, clause 4.7 applies in respect of that Over-Allocation.