Common use of New or varied Access Clause in Contracts

New or varied Access. Undertaking (a) The Access Holder acknowledges that the Term may encompass new or varied Access Undertakings being accepted by the ACCC. (b) The parties agree that: (i) any changes to a Tier 1 (Mandatory) Provision or the addition of a new Tier 1 (Mandatory) Provision in the indicative access agreement included in an Access Undertaking accepted by the ACCC as contemplated under clause 19.1(a), will be automatically incorporated into this agreement, on the date the new or varied Access Undertaking comes into effect; and (ii) to the extent there are changes to any other provisions of the indicative access agreement included in an Access Undertaking accepted by the ACCC under clause 19.1 (a) which are inconsistent with this agreement, the parties will negotiate in good faith to modify this agreement to reflect the amendments to the indicative access holder agreement included in the Access Undertaking which are necessary or desirable for ARTC to safely and efficiently manage the Network and recover its costs while retaining, to the extent possible, the commercial and economic position of both parties arising from the agreement, and if the parties cannot agree, then the dispute will be a Dispute to be resolved in accordance with clause 14; and (iii) if this agreement contains a provision which is not contained in the indicative access agreement and is not inconsistent with any provision of the indicative access agreement, that provision will be retained unless the parties agree otherwise.

New or varied Access. Undertaking (a) The Access Holder acknowledges that the Term may encompass new or varied Access Undertakings being accepted by the ACCC. (b) The parties agree that: (i) any changes to a Tier 1 (Mandatory) Provision or the addition of a new Tier 1 (Mandatory) Provision in the indicative access agreement included in an Access Undertaking accepted by the ACCC as contemplated under clause 19.1(a), will be automatically incorporated into this agreement, on the date the new or varied Access Undertaking comes into effect; and (ii) to the extent there are changes to any other provisions of the indicative access agreement included in an Access Undertaking accepted by the ACCC under clause 19.1 (a) which are inconsistent with this agreement, the parties will negotiate in good faith to modify this agreement to reflect the amendments to the indicative access holder agreement included in the Access Undertaking which are necessary or desirable for ARTC to safely and efficiently manage the Network and recover its costs while retaining, to the extent possible, the commercial and economic position of both parties arising from the agreement, and if the parties cannot agree, then the dispute will be a Dispute to be resolved in accordance with clause 14; andwith (iii) if this agreement contains a provision which is not contained in the indicative access agreement and is not inconsistent with any provision of the indicative access agreement, that provision will be retained unless the parties agree otherwise.

New or varied Access. Undertaking (a) The Access Holder acknowledges that the Term may encompass new or varied Access Undertakings being accepted approvedaccepted by the ACCC. (b) The parties agree that: (i) (b) Subject to paragraph (c), the parties agree that any changes to a Tier 1 (Mandatory) Provision or the addition of a new Tier 1 (Mandatory) Provision in the indicative access agreement included in an Access Undertaking accepted and approvedaccepted by the ACCC as willas contemplated under clause 19.1(a), will be automatically be incorporated into this agreement., on the date the new or varied Access Undertaking comes into effect; and and (ii) to (c) Toto the extent there a new or varied Access Undertaking (including approvedthere are changes to any other provisions of the indicative access agreement agreement) included in an Access Undertaking accepted by the ACCC under clause 19.1 (a19.1(a) which are inconsistent with this changes negotiated and agreed by the parties to the indicative access agreement applying at the Commencement Datethis agreement, the parties will mustwill negotiate in good faith to modify this agreement to reflect the amendments requirements of a new or variedamendments to the indicative access holder agreement included in the Access Undertaking which are necessary or desirable for ARTC to safely and efficiently manage the Network and recover its costs while retaining, to the extent reasonably possible, the commercial and economic position of both parties arising from the agreementpreviously agreed changes.agreement, and if the parties cannot agree, then the dispute will be a Dispute to be resolved in accordance with clause 14; and (iii) if this agreement contains a provision which is not contained in the indicative access agreement and is not inconsistent with any provision of the indicative access agreement, that provision will be retained unless the parties agree otherwise.