Common use of Exercise of Access Rights and Operator nomination Clause in Contracts

Exercise of Access Rights and Operator nomination. ‌ (a) The Parties acknowledge and agree that: (i) the grant of the Access Rights to the Access Holder does not entitle the Access Holder to itself operate Train Services on the Nominated Network (unless it is also an Accredited Railway Operator and is nominated as an Operator in accordance with this Agreement); (ii) the Access Holder can only utilise the Access Rights by nominating an Operator from time to time, in accordance with this Agreement; and (iii) the Access Holder may nominate more than one Operator. (b) Subject to clause 4.6(a), the Access Holder may, from time to time, provided that it is not in material breach of any of its obligations under this Agreement, nominate an Operator to utilise all or part of the Access Rights upon giving at least 20 Business Days prior written notice to Aurizon Network. The notice must:‌ (i) specify: (A) the name, ABN, address and contact details of the Operator; (B) the Access Rights which the Access Holder wishes to allocate to the Operator for the Operator to use in providing Train Services for the Access Holder; (C) the first day and the last day of the period for which the Access Rights are to be allocated to the Operator; and (ii) be accompanied by either: (A) two copies of a Train Operations Deed, executed by the Operator, which:‌ (1) reflects, in schedule 2 of that Train Operations Deed, the Access Rights which the Access Holder wishes to allocate to the Operator; and (2) satisfies the Compliant Nomination Requirements; or (B) a statement and evidence identifying the Operator’s existing Train Operations Deed in respect of utilisation of the Access Rights under this Agreement and evidence that:‌ (1) the Operator agrees to the relevant nomination; and (2) the Compliant Nomination Requirements are satisfied. (c) Access Rights allocated by the Access Holder to be used by any one or more Operators may not exceed, in aggregate, the Access Holder’s Access Rights under this Agreement. (d) Despite any other provision in this Agreement and without limiting any of Aurizon Network’s obligations under clauses 4.3(e) and 4.5(b), Aurizon Network must accept, or act on: (i) any nomination of an Operator by the Access Holder under clause 4.3(b); or (ii) any variation which increases the allocation of Access Rights (including an increase to the period for which the Access Rights are to be allocated) to an Operator under clause 4.5,‌ except where Aurizon Network (acting reasonably) determines either: (iii) in respect of a nominated Train Service Type the Access Holder does not hold, or have the benefit of, Supply Chain Rights for those Train Services; or (iv) the Operator: (A) is in material breach of any of its obligations under an existing Train Operations Deed with Aurizon Network (or Access Agreement if the Operator is also a Network Customer); or (B) is not Accredited.‌ (e) Aurizon Network must:‌ (i) within 10 Business Days of receiving the nomination under clause 4.3(b), notify the Access Holder and the relevant Operator whether it accepts or rejects (providing its reasons) the nomination; (ii) if it rejects the nomination, facilitate the resolution of any matter the subject of its reasons for the rejection; and (iii) if it accepts the nomination, promptly do all things reasonably required (including compliance with clause 4.6(a) where applicable and amending the relevant Train Operations Deed to the extent required) to ensure that any delay to Train Services is minimised to the extent practicable including: (A) if the notice under clause 4.3(b) is accompanied by two copies of a Train Operations Deed under clause 4.3(b)(ii)(A), execute both copies of the Train Operations Deed and return one copy to the Operator; or (B) if the notice under clause 4.3(b) is accompanied by a statement and evidence under clause 4.3(b)(ii)(B), vary the relevant Train Operations Deed to include the right to operate Train Services utilising the Access Rights in respect of which the Operator was nominated, and provide notice of that variation to the Operator. (f) If Aurizon Network accepts the nomination of an Operator: (i) the Access Holder must promptly provide a copy of this Agreement to the Operator; and (ii) Aurizon Network must provide a copy of the IRMP to the Access Holder promptly after it has been agreed between the Parties and the Operator in accordance with the Interface Risk Provisions or determined under the Train Operations Deed.‌

Exercise of Access Rights and Operator nomination. ‌ (a) The Parties acknowledge and agree that: (i) the grant of the Access Rights to the Access Holder does not entitle the Access Holder to itself operate Train Services on the Nominated Network (unless it is also an Accredited Railway Operator and is nominated as an Operator in accordance with this Agreement); (ii) the Access Holder can only utilise the Access Rights by nominating an Operator from time to time, in accordance with this Agreement; and (iii) the Access Holder may nominate more than one Operator. (b) Subject to clause 4.6(a), the Access Holder may, from time to time, provided that it is not in material breach of any of its obligations under this Agreement, nominate an Operator to utilise all or part of the Access Rights upon giving at least 20 Business Days prior written notice to Aurizon Network. The notice must:‌must: (i) specify: (A) the name, ABN, address and contact details of the Operator; (B) the Access Rights which the Access Holder wishes to allocate to the Operator for the Operator to use in providing Train Services for the Access Holder; (C) the first day and the last day of the period for which the Access Rights are to be allocated to the Operator; and (ii) be accompanied by either: (A) two copies of a Train Operations Deed, executed by the Operator, which:‌which: (1) reflects, in schedule 2 of that Train Operations Deed, the Access Rights which the Access Holder wishes to allocate to the Operator; and (2) satisfies the Compliant Nomination Requirements; or (B) a statement and evidence identifying the Operator’s existing Train Operations Deed in respect of utilisation of the Access Rights under this Agreement and evidence that:‌that: (1) the Operator agrees to the relevant nomination; and (2) the Compliant Nomination Requirements are satisfied. (c) Access Rights allocated by the Access Holder to be used by any one or more Operators may not exceed, in aggregate, the Access Holder’s Access Rights under this Agreement. (d) Despite any other provision in this Agreement and without limiting any of Aurizon Network’s obligations under clauses 4.3(e) and 4.5(b), Aurizon Network must accept, or act on: (i) any nomination of an Operator by the Access Holder under clause 4.3(b); orunder (ii) any variation which increases the allocation of Access Rights (including an increase to the period for which the Access Rights are to be allocated) to an Operator under clause 4.5,‌ 4.5, except where Aurizon Network (acting reasonably) determines either: (iii) in respect of a nominated Train Service Type the Access Holder does not hold, or have the benefit of, Supply Chain Rights for those Train Services; or (iv) the Operator: (A) is in material breach of any of its obligations under an existing Train Operations Deed with Aurizon Network (or Access Agreement if the Operator is also a Network Customer); or (B) is not Accredited.‌Accredited. (e) Aurizon Network must:‌must: (i) within 10 Business Days of receiving the nomination under clause 4.3(b), notify the Access Holder and the relevant Operator whether it accepts or rejects (providing its reasons) the nomination; (ii) if it rejects the nomination, facilitate the resolution of any matter the subject of its reasons for the rejection; and (iii) if it accepts the nomination, promptly do all things reasonably required (including compliance with clause 4.6(a) where applicable and amending the relevant Train Operations Deed to the extent required) to ensure that any delay to Train Services is minimised to the extent practicable including: (A) if the notice under clause 4.3(b) is accompanied by two copies of a Train Operations Deed under clause 4.3(b)(ii)(A), execute both copies of the Train Operations Deed and return one copy to the Operator; or (B) if the notice under clause 4.3(b) is accompanied by a statement and evidence under clause 4.3(b)(ii)(B), vary the relevant Train Operations Deed to include the right to operate Train Services utilising the Access Rights in respect of which the Operator was nominated, and provide notice of that variation to the Operator. (f) If Aurizon Network accepts the nomination of an Operator: (i) the Access Holder must promptly provide a copy of this Agreement to the Operator; and (ii) Aurizon Network must provide a copy of the IRMP to the Access Holder promptly after it has been agreed between the Parties and the Operator in accordance with the Interface Risk Provisions or determined under the Train Operations Deed.‌Deed.

Exercise of Access Rights and Operator nomination. ‌ (a) The Parties acknowledge and agree that: (i) the grant of the Access Rights to the Access Holder does not entitle the Access Holder to itself operate Train Services on the Nominated Network (unless it is also an Accredited Railway Operator and is nominated as an Operator in accordance with this Agreement); (ii) the Access Holder can only utilise the Access Rights by nominating an Operator from time to time, in accordance with this Agreement; and (iii) the Access Holder may nominate more than one Operator. (b) Subject to clause 4.6(a), the Access Holder may, from time to time, provided that it is not in material breach of any of its obligations under this Agreement, nominate an Operator to utilise all or part of the Access Rights upon giving at least 20 Business Days prior written notice to Aurizon Network. The notice must:‌must: (i) specify: (A) the name, ABN, address and contact details of the Operator; (B) the Access Rights which the Access Holder wishes to allocate to the Operator for the Operator to use in providing Train Services for the Access Holder; (C) the first day and the last day of the period for which the Access Rights are to be allocated to the Operator; and (ii) be accompanied by either: (A) two copies of a Train Operations Deed, executed by the Operator, which:‌which: (1) reflects, in schedule 2 of that Train Operations Deed, the Access Rights which the Access Holder wishes to allocate to the Operator; and (2) satisfies the Compliant Nomination Requirements; or (B) a statement and evidence identifying the Operator’s existing Train Operations Deed in respect of utilisation of the Access Rights under this Agreement and evidence that:‌that: (1) the Operator agrees to the relevant nomination; and (2) the Compliant Nomination Requirements are satisfied. (c) Access Rights allocated by the Access Holder to be used by any one or more Operators may not exceed, in aggregate, the Access Holder’s Access Rights under this Agreement. (d) Despite any other provision in this Agreement and without limiting any of Aurizon Network’s obligations under clauses 4.3(e) and 4.5(b), Aurizon Network must accept, or act on: (i) any nomination of an Operator by the Access Holder under clause 4.3(b); or (ii) any variation which increases the allocation of Access Rights (including an increase to the period for which the Access Rights are to be allocated) to an Operator under clause 4.5,‌ 4.5, except where Aurizon Network (acting reasonably) determines either: (iii) in respect of a nominated Train Service Type the Access Holder does not hold, or have the benefit of, Supply Chain Rights for those Train Services; or (iv) the Operator: (A) is in material breach of any of its obligations under an existing Train Operations Deed with Aurizon Network (or Access Agreement if the Operator is also a Network Customer); or (B) is not Accredited.‌Accredited. (e) Aurizon Network must:‌must: (i) within 10 Business Days of receiving the nomination under clause 4.3(b), notify the Access Holder and the relevant Operator whether it accepts or rejects (providing its reasons) the nomination; (ii) if it rejects the nomination, facilitate the resolution of any matter the subject of its reasons for the rejection; and (iii) if it accepts the nomination, promptly do all things reasonably required (including compliance with clause 4.6(a) where applicable and amending the relevant Train Operations Deed to the extent required) to ensure that any delay to Train Services is minimised to the extent practicable including: (A) if the notice under clause 4.3(b) is accompanied by two copies of a Train Operations Deed under clause 4.3(b)(ii)(A), execute both copies of the Train Operations Deed and return one copy to the Operator; or (B) if the notice under clause 4.3(b) is accompanied by a statement and evidence under clause 4.3(b)(ii)(B), vary the relevant Train Operations Deed to include the right to operate Train Services utilising the Access Rights in respect of which the Operator was nominated, and provide notice of that variation to the Operator. (f) If Aurizon Network accepts the nomination of an Operator: (i) the Access Holder must promptly provide a copy of this Agreement to the Operator; and (ii) Aurizon Network must provide a copy of the IRMP to the Access Holder promptly after it has been agreed between the Parties and the Operator in accordance with the Interface Risk Provisions or determined under the Train Operations Deed.‌Deed.

Exercise of Access Rights and Operator nomination. ‌ (a) The Parties acknowledge and agree that: (i) the grant of the Access Rights to the Access Holder does not entitle the Access Holder to itself operate Train Services on the Nominated Network (unless it is also an Accredited Railway Operator and is nominated as an Operator in accordance with this Agreement); (ii) the Access Holder can only utilise the Access Rights by nominating an Operator from time to time, in accordance with this Agreement; and (iii) the Access Holder may nominate more than one Operator. (b) Subject to clause 4.6(a), the Access Holder may, from time to time, provided that it is not in material breach of any of its obligations under this Agreement, nominate an Operator to utilise all or part of the Access Rights upon giving at least 20 Business Days prior written notice to Aurizon Network. The notice must:‌must: (i) specify: (A) the name, ABN, address and contact details of the Operator; (B) the Access Rights which the Access Holder wishes to allocate to the Operator for the Operator to use in providing Train Services for the Access Holder; (C) the first day and the last day of the period for which the Access Rights are to be allocated to the Operator; and (ii) be accompanied by either: (A) two copies of a Train Operations Deed, executed by the Operator, which:‌which: (1) reflects, in schedule 2 of that Train Operations Deed, the Access Rights which the Access Holder wishes to allocate to the Operator; and (2) satisfies the Compliant Nomination Requirements; or (B) a statement and evidence identifying the Operator’s existing Train Operations Deed in respect of utilisation of the Access Rights under this Agreement and evidence that:‌that: (1) the Operator agrees to the relevant nomination; and (2) the Compliant Nomination Requirements are satisfied. (c) Access Rights allocated by the Access Holder to be used by any one or more Operators may not exceed, in aggregate, the Access Holder’s Access Rights under this Agreement. (d) Despite any other provision in this Agreement and without limiting any of Aurizon Network’s obligations under clauses 4.3(e) and 4.5(b), Aurizon Network must accept, or act on: (i) any nomination of an Operator by the Access Holder under clause 4.3(b); or (ii) any variation which increases the allocation of Access Rights (including an increase to the period for which the Access Rights are to be allocated) to an Operator under clause 4.5,‌ 4.5, except where Aurizon Network (acting reasonably) determines either: (iii) in respect of a nominated Train Service Type the Access Holder does not hold, or have the benefit of, Supply Chain Rights for those Train Services; or (iv) the Operator: (A) is in material breach of any of its obligations under an existing Train Operations Deed with Aurizon Network (or Access Agreement if the Operator is also a Network Customer); or (B) is not Accredited.‌ (e) Aurizon Network must:‌ (i) within 10 Business Days of receiving the nomination under clause 4.3(b), notify the Access Holder and the relevant Operator whether it accepts or rejects (providing its reasons) the nomination; (ii) if it rejects the nomination, facilitate the resolution of any matter the subject of its reasons for the rejection; and (iii) if it accepts the nomination, promptly do all things reasonably required (including compliance with clause 4.6(a) where applicable and amending the relevant Train Operations Deed to the extent required) to ensure that any delay to Train Services is minimised to the extent practicable including: (A) if the notice under clause 4.3(b) is accompanied by two copies of a Train Operations Deed under clause 4.3(b)(ii)(A), execute both copies of the Train Operations Deed and return one copy to the Operator; or (B) if the notice under clause 4.3(b) is accompanied by a statement and evidence under clause 4.3(b)(ii)(B), vary the relevant Train Operations Deed to include the right to operate Train Services utilising the Access Rights in respect of which the Operator was nominated, and provide notice of that variation to the OperatorAccredited. (f) If Aurizon Network accepts the nomination of an Operator: (i) the Access Holder must promptly provide a copy of this Agreement to the Operator; and (ii) Aurizon Network must provide a copy of the IRMP to the Access Holder promptly after it has been agreed between the Parties and the Operator in accordance with the Interface Risk Provisions or determined under the Train Operations Deed.‌

Exercise of Access Rights and Operator nomination. ‌ (a) The Parties acknowledge and agree that: (i) the grant of the Access Rights to the Access Holder End User in accordance with this Agreement does not entitle the Access Holder End User to itself operate Train Services on the Nominated Network (unless it is also an Accredited Railway Operator which it is entitled to nominate, and is nominated as an Operator has been nominated, to use the Access Rights in accordance with this Agreementclause 3.3);; and (ii) the Access Holder End User can only utilise the Access Rights by nominating an Operator from time to time, in accordance with this clause 3.3(b) or 3.4, to use Access Rights, allocated to that Operator by the End User, under the terms of a Train Operations Agreement; and (iii) the Access Holder End User may nominate more than one Operator. (b) Subject to clause 4.6(a3.5(a), the Access Holder End User may, from time to time, provided that it is not in material breach of any of its obligations under this Agreement, upon giving at least 20 Business Days prior written notice to Aurizon Network and the relevant Operator, nominate an Operator to utilise all or part of the Access Rights upon giving at least 20 Business Days prior by written notice to Aurizon Network. The notice must:‌Network which: (i) specify: (A) specifies the name, ABN, address and contact details of the Operator; (Bii) specifies the Access Rights which the Access Holder End User wishes to allocate to the Operator for the Operator to use in providing Train Services for the Access HolderEnd User; (Ciii) specifies the first day and the last day of the period for which the Access Rights are to be allocated to the Operator; and (iiiv) be is accompanied by either: (A) two copies of a Train Operations DeedAgreement (in duplicate) in the form set out in schedule 7 (or such other form as Aurizon Network and the Operator have agreed), duly executed by the Operator, which:‌which: (1) reflects, in schedule 2 of that Train Operations DeedAgreement, the Access Rights which the Access Holder End User wishes to allocate to the Operator; and (2) satisfies the Compliant Nomination Requirements; or (B) a statement and evidence identifying the Operator’s existing applicable Train Operations Deed Agreement in respect of utilisation of the Access Rights under this Agreement and evidence that:‌that: (1) the Operator agrees to the relevant nomination; and (2) the Compliant Nomination Requirements are satisfied. (c) , provided that at no time can the Access Rights allocated by the Access Holder End User to be used by any one or more Operators may not exceed, in aggregate, the Access HolderEnd User’s Access Rights under this Agreement. (dc) Despite any other provision in this Agreement and without limiting any of Aurizon Network’s obligations under clauses 4.3(e) and 4.5(b)Agreement, Aurizon Network must is not obliged to accept, or act on: (i) any nomination of an Operator by the Access Holder End User under clause 4.3(b3.3(b); or (ii) any variation which increases the allocation of Access Rights (including an increase to the period for which the Access Rights are to be allocated) to an Operator under clause 4.5,‌ except where Aurizon Network (acting reasonably) determines either3.4, if: (iii) in respect of a nominated Train Service Type the Access Holder does not hold, or have the benefit of, Supply Chain Rights for those Train Services; or (iv) the Operator: (A) that Operator is in material breach of any of its obligations under an existing Train Operations Deed Access Agreement or train operations agreement with Aurizon Network (or Access Agreement if the Operator is also a Network Customer)Network; or (B) is not Accredited.‌ (eiv) Aurizon Network must:‌is not satisfied that the Operator is: (A) financially sound; and (B) otherwise capable of performing the obligations of the operator under a Train Operations Agreement. (d) Aurizon Network must, in respect of a nomination by the End User under clause 3.3(b): (i) within 10 Business Days of receiving the nomination under clause 4.3(b)nomination, notify the Access Holder End User and the relevant Operator whether it accepts or rejects (providing its reasons) the nomination; (ii) if subject to clause 3.3(c), act reasonably in assessing the nomination; (iii) where it rejects decides to reject the nomination, provide reasons for the rejection in writing to the End User and the Operator and thereafter use its best endeavours to facilitate the resolution of any matter the subject of its reasons for the rejection; and (iiiiv) if where it accepts the nomination, promptly do all things reasonably required (including compliance with clause 4.6(a3.5(a) where applicable and amending the relevant Train Operations Deed Agreement to the extent required) to ensure that any delay to Train Services is minimised to the extent practicable includingpracticable. (e) If Aurizon Network accepts a nomination given under clause 3.3(b), within 10 Business Days of notifying the End User and Operator of its acceptance under clause 3.3(d)(i), Aurizon Network must: (Ai) if the notice under clause 4.3(b) is accompanied by two copies of where a Train Operations Deed under Agreement was provided in accordance with clause 4.3(b)(ii)(A3.3(b)(iv)(A), execute both copies of the Train Operations Deed Agreement and return one copy to the Operator; or (Bii) if the notice under clause 4.3(b) is accompanied by where a statement and evidence under was provided in accordance with clause 4.3(b)(ii)(B3.3(b)(iv)(B), vary the relevant Train Operations Deed Agreement to include the right to operate Train Services utilising the Access Rights in respect of which the Operator was nominated, and provide notice of that variation to the Operator. (f) If Aurizon Network accepts the nomination of an Operator: (i) the Access Holder must promptly provide a copy of this Agreement to the Operator; and (ii) Aurizon Network must provide a copy of the IRMP to the Access Holder promptly after it has been agreed between the Parties and the Operator in accordance with the Interface Risk Provisions or determined under the Train Operations Deed.‌

Exercise of Access Rights and Operator nomination. ‌ (a) The Parties acknowledge and agree that: (i) the grant of the Access Rights to the Access Holder does not entitle the Access Holder to itself operate Train Services on the Nominated Network (unless it is also an Accredited Railway Operator and is nominated as an Operator in accordance with this Agreement); (ii) the Access Holder can only utilise the Access Rights by nominating an Operator from time to time, in accordance with this Agreement; and (iii) the Access Holder may nominate more than one Operator. (b) Subject to clause 4.6(a), the Access Holder may, from time to time, provided that it is not in material breach of any of its obligations under this Agreement, nominate an Operator to utilise all or part of the Access Rights upon giving at least 20 Business Days prior written notice to Aurizon Network. The notice must:‌must: (i) specify: (A) the name, ABN, address and contact details of the Operator; (B) the Access Rights which the Access Holder wishes to allocate to the Operator for the Operator to use in providing Train Services for the Access Holder; (C) the first day and the last day of the period for which the Access Rights are to be allocated to the Operator; and (ii) be accompanied by either: (A) two copies of a Train Operations Deed, executed by the Operator, which:‌which: (1) reflects, in schedule 2 of that Train Operations Deed, the Access Rights which the Access Holder wishes to allocate to the Operator; and (2) satisfies the Compliant Nomination Requirements; or (B) a statement and evidence identifying the Operator’s existing Train Operations Deed in respect of utilisation of the Access Rights under this Agreement and evidence that:‌that: (1) the Operator agrees to the relevant nomination; and (2) the Compliant Nomination Requirements are satisfied. (c) Access Rights allocated by the Access Holder to be used by any one or more Operators may not exceed, in aggregate, the Access Holder’s Access Rights under this Agreement. (d) Despite any other provision in this Agreement and without limiting any of Aurizon Network’s obligations under clauses 4.3(e) and 4.5(b), Aurizon Network must accept, or act on: (i) any nomination of an Operator by the Access Holder under clause 4.3(b); orunder (ii) any variation which increases the allocation of Access Rights (including an increase to the period for which the Access Rights are to be allocated) to an Operator under clause 4.5,‌ 4.5, except where Aurizon Network (acting reasonably) determines either: (iii) in respect of a nominated Train Service Type the Access Holder does not hold, or have the benefit of, Supply Chain Rights for those Train Services; or (iv) the Operator: (A) is in material breach of any of its obligations under an existing Train Operations Deed with Aurizon Network (or Access Agreement if the Operator is also a Network Customer); or (B) is not Accredited.‌Accredited. (e) Aurizon Network must:‌must: (i) within 10 Business Days of receiving the nomination under clause 4.3(b), notify the Access Holder and the relevant Operator whether it accepts or rejects (providing its reasons) the nomination; (ii) if it rejects the nomination, facilitate the resolution of any matter the subject of its reasons for the rejection; and (iii) if it accepts the nomination, promptly do all things reasonably required (including compliance with clause 4.6(a) where applicable and amending the relevant Train Operations Deed to the extent required) to ensure that any delay to Train Services is minimised to the extent practicable including: (A) if the notice under clause 4.3(b) is accompanied by two copies of a Train Operations Deed under clause 4.3(b)(ii)(A), execute both copies of the Train Operations Deed and return one copy to the Operator, if provided under clause 4.3(b)(ii)(A); or (B) if the notice under clause 4.3(b) is accompanied by a statement and evidence under clause 4.3(b)(ii)(B), vary the relevant Train Operations Deed to include the right to operate Train Services utilising the Access Rights in respect of which the Operator was nominated, and provide notice of that variation to the Operator, if a statement and evidence was provided under clause 4.3(b)(ii)(B). (f) If Aurizon Network accepts the nomination of an Operator: (i) the Access Holder must promptly provide a copy of this Agreement to the Operator; and (ii) Aurizon Network must provide a copy of the IRMP to the Access Holder promptly after it has been agreed between the Parties and the Operator in accordance with the Interface Risk Provisions or determined under the Train Operations Deed.‌IRMP Provisions.

Exercise of Access Rights and Operator nomination. ‌ (a) The Parties acknowledge and agree that:: 1 Wording dependent on whether this agreement is an initial Agreement or a Subsequent Agreement. (i) the grant of the Access Rights to the Access Holder does not entitle the Access Holder to itself operate Train Services itself on the Nominated Network (unless it is also an Accredited Railway Operator and is nominated as an Operator to operate all or some of the Train Services in accordance with this Agreementagreement); (ii) the The Access Holder can only utilise the Access Rights by nominating an Accredited Railway Operator from time to time, time in accordance with this Agreement; andagreement; (iii) the The Access Holder may nominate more than one Accredited Railway Operator. (b) Subject to clause 4.6(a2.2(d), the Access Holder may, from time to time, provided that it is not in material breach of any of its obligations under this Agreementagreement, nominate an Operator one or more Accredited Railway Operators to utilise all or part of the Access Rights upon giving at least 20 Business Days prior written notice to Aurizon NetworkQueensland Rail. The notice must:‌must: (i) specify: (A) the name, ABN, address and contact details of the Nominee Operator; (B) the Access Rights which the Access Holder wishes to allocate to the that Nominee Operator for the that Operator to use in providing some or all of the Train Services for the Access Holder; (C) the first day and the last day of the period for which the Access Rights are to be allocated to the that Nominee Operator; and (ii) be accompanied by eitherby: (A) two copies in the case of the Initial Operator, a Train Operations Deedcounterpart of this agreement, executed by the that Operator, which:‌ (1) which reflects, in schedule 2 of that Train Operations Deedto this agreement, the Access Rights which the Access Holder wishes to allocate to that Operator and any changes to the Operator; and (2) satisfies the Compliant Nomination Requirements; agreement required pursuant to clause 4.2. or (B) in the case of a Subsequent Operator, a counterpart of the relevant Subsequent Agreement, executed by the relevant Subsequent Operator, which reflects, in schedule 1 to that agreement, particulars applicable to the relevant Subsequent Operator, and which reflects in schedule 2 to that agreement, the Access Rights which the Access Holder wishes to allocate to that Subsequent Operator and includes any further changes required pursuant to clause 4.2;2 or 2 For the avoidance of doubt, the Access Holder and Queensland Rail are not required to renegotiate the terms of a Subsequent Agreement. The terms, unless otherwise agreed by the Access (C) where the Nominee Operator is a party to an Existing Agreement, a statement and evidence identifying the that Railway Operator’s existing Train Operations Deed execution of the Existing Agreement in respect of utilisation of the Access Rights under this Agreement and evidence that:‌ (1) the Operator agrees of that Railway Operator’s agreement to the relevant nomination; and (2) the Compliant Nomination Requirements are satisfied. (c) Access Rights allocated by the Access Holder to be used from time to time by the Initial Operator and any one or more Subsequent Operators may not exceed, in aggregate, the Access Holder’s Access Rights under this Agreementagreement. (d) Despite any other provision in this Agreement and without limiting any of Aurizon Network’s obligations under clauses 4.3(e) and 4.5(b)agreement, Aurizon Network must Queensland Rail is not obliged to accept, or act on: (i) any nomination of an Operator by the Access Holder under clause 4.3(b2.2(b); or (ii) any variation which increases the allocation of Access Rights (including an increase to the period for which the Access Rights are to be allocated) to an Operator under clause 4.5,‌ except where Aurizon Network 4.1, if Queensland Rail (acting reasonably) determines that the Nominee Operator, either: (iii) in respect of a nominated Train Service Type the Access Holder does not hold, or have the benefit of, Supply Chain Rights for those Train Services; or (iv) the Operator: (A) is in material breach of any of its obligations under an existing Train Operations Deed access agreement with Aurizon Network (or Access Agreement if the Operator is also a Network Customer)Queensland Rail; or (Biv) is not Accredited.‌Accredited. (e) Aurizon Network must:‌Queensland Rail must: (i) promptly assess any nomination against the matters listed in clause 2.2(d); (ii) within 10 ten Business Days of receiving the a nomination under clause 4.3(b2.2(b), notify the Access Holder and the relevant Nominee Operator whether it accepts or rejects (providing its reasons) the nomination;; and (iiiii) if it rejects the nomination, provide reasons for the rejection in writing to the Access Holder and the Nominee Operator and thereafter use reasonable endeavours to facilitate the resolution of any matter the subject of its reasons for the rejection; andor (iiiiv) if it accepts the nomination, promptly do all things reasonably required (including compliance with clause 4.6(a) where applicable and amending the relevant Train Operations Deed to give effect to the extent required) to ensure that nomination and minimise any delay to Train Services is minimised to the extent practicable includingincluding agreeing to amendments in this agreement and any Subsequent Operator’s Subsequent Agreement (if applicable) to the extent required and including compliance with clause 4.2(a) (where applicable); and Holder and Queensland Rail will be identical to the terms of this agreement except as is necessary to reflect the Train Services to be operated by that Subsequent Operator and to reflect that Subsequent Operator’s operations. (v) after accepting the nomination and, if required, complying with clause 4.2(a), relevantly: (A) if exchange executed counterparts of this agreement with the notice under clause 4.3(b) is accompanied by two copies of a Train Operations Deed under clause 4.3(b)(ii)(A), execute both copies of Initial Operator and the Train Operations Deed and return one copy to the OperatorAccess Holder; or (B) if exchange executed counterparts of a Subsequent Agreement with the notice under clause 4.3(b) is accompanied by a statement Subsequent Operator and evidence under clause 4.3(b)(ii)(B), vary the relevant Train Operations Deed to include the right to operate Train Services utilising the Access Rights in respect of which Holder, as the Operator was nominated, case may be and provide notice of that variation to the Operator. (f) If Aurizon Network accepts the nomination of an Operator: (i) the Access Holder must promptly provide a copy of this Agreement to the Operator; and (ii) Aurizon Network must provide a copy of the IRMP to the Access Holder promptly after it has been agreed between the Parties and the Operator in accordance with the Interface Risk Provisions or determined under the Train Operations Deed.‌clause 27.11.

Exercise of Access Rights and Operator nomination. ‌ (a) The Parties acknowledge and agree that: (i) the grant of the Access Rights to the Access Holder does not entitle the Access Holder to itself operate Train Services on the Nominated Network (unless it is also an Accredited Railway Operator and is nominated as an Operator in accordance with this Agreement); (ii) the Access Holder can only utilise the Access Rights by nominating an Operator from time to time, in accordance with this Agreement; and (iii) the Access Holder may nominate more than one Operator. (b) Subject to clause 4.6(a), the Access Holder may, from time to time, provided that it is not in material breach of any of its obligations under this Agreement, nominate an Operator to utilise all or part of the Access Rights upon giving at least 20 Business Days prior written notice to Aurizon Network. The notice must:‌must: (i) specify: (A) the name, ABN, address and contact details of the Operator; (B) the Access Rights which the Access Holder wishes to allocate to the Operator for the Operator to use in providing Train Services for the Access Holder; (C) the first day and the last day of the period for which the Access Rights are to be allocated to the Operator; and (ii) be accompanied by either: (A) two copies of a Train Operations Deed, executed by the Operator, which:‌which: (1) reflects, in schedule 2 of that Train Operations Deed, the Access Rights which the Access Holder wishes to allocate to the Operator; and (2) satisfies the Compliant Nomination Requirements; or (B) a statement and evidence identifying the Operator’s existing applicable Train Operations Deed in respect of utilisation of the Access Rights under this Agreement and evidence that:‌that: (1) the Operator agrees to the relevant nomination; and (2) the Compliant Nomination Requirements are satisfied. (c) Access Rights allocated by the Access Holder to be used by any one or more Operators may not exceed, in aggregate, the Access Holder’s Access Rights under this Agreement. (d) Despite any other provision in this Agreement and without limiting any of Aurizon Network’s obligations under clauses 4.3(e) and 4.5(b)Agreement, Aurizon Network must is not obliged to accept, or act on: (i) any nomination of an Operator by the Access Holder under clause 4.3(b); orunder (ii) any variation which increases the allocation of Access Rights (including an increase to the period for which the Access Rights are to be allocated) to an Operator under clause 4.5,‌ except where 4.4, if Aurizon Network (acting reasonably) determines either: (iii) in respect of a nominated Train Service Type the Access Holder does not hold, or have the benefit of, Supply Chain Rights for those Train Services; or (iv) the Operator: (A) is in material breach of any of its obligations under an existing Train Operations Deed with Aurizon Network (or Access Agreement if the Operator is also a Network Customer); or (B) is not Accredited.‌Accredited. (e) Aurizon Network must:‌must: (i) within 10 Business Days of receiving the nomination under clause 4.3(b), notify the Access Holder and the relevant Operator whether it accepts or rejects (providing its reasons) the nomination; (ii) if it rejects the nomination, facilitate the resolution of any matter the subject of its reasons for the rejection; and (iii) if it accepts the nomination, promptly do all things reasonably required (including compliance with clause 4.6(a) where applicable and amending the relevant Train Operations Deed to the extent required) to ensure that any delay to Train Services is minimised to the extent practicable including: (A) if the notice under clause 4.3(b) is accompanied by two copies of a Train Operations Deed under clause 4.3(b)(ii)(A), execute both copies of the Train Operations Deed and return one copy to the Operator, if provided under clause 4.3(b)(ii)(A); or (B) if the notice under clause 4.3(b) is accompanied by a statement and evidence under clause 4.3(b)(ii)(B), vary the relevant Train Operations Deed to include the right to operate Train Services utilising the Access Rights in respect of which the Operator was nominated, and provide notice of that variation to the Operator, if a statement and evidence was provided under clause 4.3(b)(ii)(B). (f) If Aurizon Network accepts the nomination of an Operator: (i) the Access Holder must promptly provide a copy of this Agreement to the Operator; and (ii) Aurizon Network must provide a copy of the IRMP to the Access Holder promptly after it has been agreed between the Parties and the Operator in accordance with the Interface Risk Provisions or determined under the Train Operations Deed.‌

Exercise of Access Rights and Operator nomination. ‌ (a) The Parties acknowledge and agree that: (i) the grant of the Access Rights to the Access End User in accordance with this AgreementAccess Holder does not entitle the Access End UserAccess Holder to itself operate Train Services on the Nominated Network (unless it is also an Accredited Railway Operator which it is entitled to nominate, and is nominated has beenis nominated, to use as an Operator in accordance with this Agreement); (i) the Access Rights in accordance with this clause 3.3); and (ii) the Access Holder End UserHolder can only utilise the Access Rights by nominating an Operator from time to time, in accordance with this clause 3.3(b) or 3.4, to use Access Rights, allocated to that Operator by the End User, under the terms of a Train Operations Agreement; andthis Agreement; and (iii) the Access End UserAccess Holder may nominate more than one Operator. (b) Subject to clause 4.6(a3.5(a)4.6(a), the Access End UserAccess Holder may, from time to time, provided that it is not in material breach of any of its obligations under this Agreement, nominate an Operator to utilise all or part of the Access Rights upon giving at least 20 Business Days prior written notice to Aurizon NetworkNetwork and the relevant Operator, nominate an Operator to utilise all or part of the Access Rights by written. The notice must:‌to Aurizon Network whichmust: (i) specifies specify: (A) the name, ABN, address and contact details of the Operator; (B) specifies the Access Rights which the Access End UserAccess Holder wishes to allocate to the Operator for the Operator to use in providing Train Services for the Access End UserAccess Holder; (C) specifies the first day and the last day of the period for which the Access Rights are to be allocated to the Operator; and (ii) be isbe accompanied by either: (A) two copies of a Train Operations DeedAgreement (in duplicate) in the form set out in schedule 7 (or such other form as Aurizon Network and the Operator have agreed), dulyDeed, executed by the Operator, which:‌which: (1) reflects, in schedule 2 of that Train Operations DeedAgreementDeed, the Access Rights which the Access End UserAccess Holder wishes to allocate to the Operator; and (2) satisfies the Compliant Nomination Requirements; or (B) a statement and evidence identifying the Operator’s existing applicable Train Operations Deed AgreementDeed in respect of utilisation of the Access Rights under this Agreement and evidence that:‌that: (1) the Operator agrees to the relevant nomination; and (2) the Compliant Nomination Requirements are satisfied, . (c) provided that at no time can the Access Rights allocated by the Access End UserAccess Holder to be used by any one or more Operators may not exceed, in aggregate, the Access End User’sAccess Holder’s Access Rights under this Agreement. (d) Despite any other provision in this Agreement Agreement, and without limiting any of Aurizon Network’s obligations under clauses 4.3(e) and 4.5(b), Aurizon Network must is not obliged tomust accept, or act on: (i) any nomination of an Operator by the Access End UserAccess Holder under clause 4.3(b3.3(b)4.3(b); or (ii) any variation which increases the allocation of Access Rights (including an increase to the period for which the Access Rights are to be allocated) to an Operator under clause 4.5,‌ except 3.44.5, if: thatexcept where Aurizon Network (acting reasonably) determines either: : (iii) in respect of a nominated Train Service Type the Access Holder does not hold, or have the benefit of, Supply Chain Rights for those Train Services; or (iv) the Operator: (A) is in material breach of any of its obligations under an existing Train Operations Deed with Aurizon Network (or Access Agreement if the Operator is also a Network Customer); or (B) is not Accredited.‌ (e) Aurizon Network must:‌ (i) within 10 Business Days of receiving the nomination under clause 4.3(b), notify the Access Holder and the relevant Operator whether it accepts or rejects (providing its reasons) the nomination; (ii) if it rejects the nomination, facilitate the resolution of any matter the subject of its reasons for the rejection; and (iii) if it accepts the nomination, promptly do all things reasonably required (including compliance with clause 4.6(a) where applicable and amending the relevant Train Operations Deed to the extent required) to ensure that any delay to Train Services is minimised to the extent practicable including: (A) if the notice under clause 4.3(b) is accompanied by two copies of a Train Operations Deed under clause 4.3(b)(ii)(A), execute both copies of the Train Operations Deed and return one copy to the Operator; or (B) if the notice under clause 4.3(b) is accompanied by a statement and evidence under clause 4.3(b)(ii)(B), vary the relevant Train Operations Deed to include the right to operate Train Services utilising the Access Rights in respect of which the Operator was nominated, and provide notice of that variation to the Operator. (f) If Aurizon Network accepts the nomination of an Operator: (i) the Access Holder must promptly provide a copy of this Agreement to the Operator; and (ii) Aurizon Network must provide a copy of the IRMP to the Access Holder promptly after it has been agreed between the Parties and the Operator in accordance with the Interface Risk Provisions or determined under the Train Operations Deed.‌

Exercise of Access Rights and Operator nomination. ‌ (a) The Parties acknowledge and agree that: (i) the grant of the Access Rights to the Access Holder does not entitle the Access Holder to itself operate Train Services on the Nominated Network (unless it is also an Accredited Railway Operator and is nominated as an Operator in accordance with this Agreement); (ii) the Access Holder can only utilise the Access Rights by nominating an Operator from time to time, in accordance with this Agreement; and (iii) the Access Holder may nominate more than one Operator. (b) Subject to clause 4.6(a), the Access Holder may, from time to time, provided that it is not in material breach of any of its obligations under this Agreement, nominate an Operator to utilise all or part of the Access Rights upon giving at least 20 Business Days prior written notice to Aurizon Network. The notice must:‌must: (i) specify: (A) the name, ABN, address and contact details of the Operator; (B) the Access Rights which the Access Holder wishes to allocate to the Operator for the Operator to use in providing Train Services for the Access Holder; (C) the first day and the last day of the period for which the Access Rights are to be allocated to the Operator; and (ii) be accompanied by either: (A) two copies of a Train Operations Deed, executed by the Operator, which:‌which: (1) reflects, in schedule 2 of that Train Operations Deed, the Access Rights which the Access Holder wishes to allocate to the Operator; and (2) satisfies the Compliant Nomination Requirements; or (B) a statement and evidence identifying the Operator’s existing Train Operations Deed in respect of utilisation of the Access Rights under this Agreement and evidence that:‌that: (1) the Operator agrees to the relevant nomination; and (2) the Compliant Nomination Requirements are satisfied. (c) Access Rights allocated by the Access Holder to be used by any one or more Operators may not exceed, in aggregate, the Access Holder’s Access Rights under this Agreement. (d) Despite any other provision in this Agreement and without limiting any of Aurizon Network’s obligations under clauses 4.3(e) and 4.5(b), Aurizon Network must accept, or act on: (i) any nomination of an Operator by the Access Holder under clause 4.3(b); orunder (ii) any variation which increases the allocation of Access Rights (including an increase to the period for which the Access Rights are to be allocated) to an Operator under clause 4.5,‌ 4.5, except where Aurizon Network (acting reasonably) determines either: (iii) in respect of a nominated Train Service Type the Access Holder does not hold, or have the benefit of, Supply Chain Rights for those Train Services; or (iv) the Operator: (A) is in material breach of any of its obligations under an existing Train Operations Deed with Aurizon Network (or Access Agreement if the Operator is also a Network Customer); or (B) is not Accredited.‌Accredited. (e) Aurizon Network must:‌must: (i) within 10 Business Days of receiving the nomination under clause 4.3(b), notify the Access Holder and the relevant Operator whether it accepts or rejects (providing its reasons) the nomination; (ii) if it rejects the nomination, facilitate the resolution of any matter the subject of its reasons for the rejection; and (iii) if it accepts the nomination, promptly do all things reasonably required (including compliance with clause 4.6(a) where applicable and amending the relevant Train Operations Deed to the extent required) to ensure that any delay to Train Services is minimised to the extent practicable including: : (A) if the notice under clause 4.3(b) is accompanied by two copies of a Train Operations Deed under clause 4.3(b)(ii)(A), execute both copies of the Train Operations Deed and return one copy to the Operator, if provided under clause 4.3(b)(ii)(A);; or (B) if the notice under clause 4.3(b) is accompanied by a statement and evidence under clause 4.3(b)(ii)(B), vary the relevant Train Operations Deed to include the right to operate Train Services utilising the Access Rights in respect of which the Operator was nominated, and provide notice of that variation to the Operator. (f) If Aurizon Network accepts the nomination of an Operator: (i) the Access Holder must promptly provide a copy of this Agreement to the Operator; and (ii) Aurizon Network must provide a copy of the IRMP to the Access Holder promptly after it has been agreed between the Parties and the Operator in accordance with the Interface Risk Provisions or determined under the Train Operations Deed.‌