Most Favoured Nation Status. [Delete clause 24.22 where End User is paying all Access Charges]
(a) If the Operator believes on reasonable grounds that:
(i) Aurizon Network has entered into an Access Agreement with another Railway Operator for a Train service that transports the same specified commodity in the same specified geographic area as a Train Service provided in accordance with this Agreement (“Like Train Service”); and
(ii) the access charge applicable to the Like Train Service has been developed in contravention of the limits on price differentiation set out in Aurizon Network’s Access Undertaking, the Operator may provide written notification to Aurizon Network which must include the reasons why the Operator considers this to be the case.
(b) Within thirty (30) days of receipt of such notification, Aurizon Network must advise the Operator:
(i) whether or not Aurizon Network agrees that the Access Agreement with the other Railway Operator is for a Like Train Service and, if not, the reasons why Aurizon Network considers this to be the case;
(ii) if Aurizon Network agrees that the Access Agreement with the other Railway Operator is for a Like Train Service, whether or not Aurizon Network agrees that the access charge applicable to the Like Train Service has been developed in contravention of the limits on price differentiation set out in Aurizon Network’s Access Undertaking and, if not, the reasons why Aurizon Network considers that the access charge applicable to the Like Train Service has not been developed in contravention of the limits on price differentiation; and
(iii) if Aurizon Network agrees that the access charge applicable to the Like Train Service has been developed in contravention of the limits on price differentiation then within sixty (60) days of advice provided pursuant to Clause 24.22(b) Aurizon Network must advise the Operator:
(A) whether or not Aurizon Network has been able to vary the access charge applicable to the Like Train Service such that it no longer contravenes the limits on price differentiation set out in Aurizon Network’s Access Undertaking; or
(B) if Aurizon Network has not been able to vary the access charge applicable to the Like Train Service that Aurizon Network agrees to the reduction of the Access Charge payable by the Operator including the amount of the proposed reduced Access Charge.
(c) If the Operator does not agree with Aurizon Network’s response to its notification, the dispute shall be referred to an expert for resolution in ac...
Most Favoured Nation Status. Except as otherwise provided for in this Agreement, each Party shall accord to investors and investments of the other Party, in relation to the establishment, acquisition, expansion, management, conduct, operation, liquidation, sale, transfer (or other disposition), protection and expropriation (including any compensation) of investments, treatment that is no less favourable than that it accords in like situations to investors and investments from any other State or separate customs territory which is not party to this Agreement.
Most Favoured Nation Status. The Contracting Parties shall grant each other most-favoured-nation treatment in trade, in accordance with the General Agreement on Tariffs and Trade. Both Parties reaffirm their will to conduct trade with each other in accordance with that Agreement.
Most Favoured Nation Status. (a) If the End User believes on reasonable grounds that:
(i) QR Network has entered into an Access Agreement with another Access Holder for a Train service that transports the same specified commodity in the same specified geographic area as a Train Service provided in accordance with this Agreement (“Like Train Service”); and
(ii) the access charge applicable to the Like Train Service has been developed in contravention of the limits on price differentiation set out in QR Network’s Access Undertaking, the End User may provide written notification to QR Network which must include the reasons why the End User considers this to be the case.
(b) Within thirty (30) days of receipt of such notification, QR Network must advise the End User:
Most Favoured Nation Status. (a) The Access Holder may (acting reasonably) notify Queensland Rail that it believes that:
(i) Queensland Rail has entered into an access agreement with another Network Participant for a Train service that transports the same commodity in the same geographic area as a Train Service (Like Train Service); and
(ii) the access charges applicable to the Like Train Service have been developed in contravention of the price differentiation provisions under the relevant Access Undertaking’s pricing principles that applied to the development of those access charges (Price Differentiation Provisions), and provide Queensland Rail with reasons why the Access Holder considers this to be the case.
(b) Within 20 Business Days after receiving such a notice, Queensland Rail must notify the Access Holder:
(i) whether it agrees that the access agreement with the other Network Participant is for a Like Train Service including, if it does not agree, its reasons; and
(ii) where it does agree with the matter in clause 27.20
Most Favoured Nation Status. [Delete clause 24.22 where End User is paying all Access Charges]
(a) If the Operator believes on reasonable grounds that:
(i) (i) QR Network has entered into an access agreementAccess Agreement with another Railway Operator for a Train service that transports the same specified commodity in the same specified geographic area as a Train Service provided in accordance with this Agreement (“Like Train Service”); and
(ii) (ii) the Access Chargeaccess charge applicable to the Like Train Service has been developed in contravention of the limits on price differentiation set out in QR Network’s Access Undertaking, the Operator may provide written notification to QR Network which must include the reasons why the Operator considers this to be the case.
