Common use of Nomination of new Operators Clause in Contracts

Nomination of new Operators. (a) The Access Holder may nominate a new Accredited Operator (who is not currently an approved Operator for any Train Path under this agreement) on 10 Business Days’ written notice to ARTC. The notice must include sufficient information (to be specified on ARTC’s website from time to time) about the Accredited Operator to enable ARTC to consider the nomination. (b) ARTC will use its best endeavours to approve or reject that nomination within 10 Business Days of the later of receiving notice or the required information. ARTC is only entitled to reject a nomination if: (i) the Operator is not accredited at the time of the nomination; (ii) the Accredited Operator does not have an unconditional Operator Sub-Agreement with ARTC endorsed by the Access Holder; (iii) the nominated Operator has received a rectification notice or similar notice from ARTC for Material Default of any agreement with ARTC and the event giving rise to that rectification notice or similar notice has not been rectified; (iv) ARTC forms the view, acting reasonably, that the Accredited Operator is not of sufficient financial capacity to meet potential liabilities under the Operator Sub-Agreement provided that ARTC is only able to form this view if it has requested Credit Support from the Operator and the Operator has not provided the Credit Support within the timeframe provided under the Operator Sub-Agreement.

Nomination of new Operators. (a) The Access Holder may nominate a new Accredited Operator (who is not currently an approved Operator for any Train Path under this agreement) on 10 Business Days’ written notice to ARTC. The notice must include sufficient information (to be specified on ARTC’s website from time to time) about the Accredited Operator to enable ARTC to consider the nomination. (b) ARTC will use its best endeavours to approve or reject that nomination within 10 Business Days of the later of receiving notice or the required information. ARTC is only entitled to reject a nomination if: (i) the Operator is not accredited at the time of the nomination; (ii) the Accredited Operator does not have an unconditional Operator Sub-Agreement with ARTC endorsed by the Access Holder; (iii) the nominated Operator has received a rectification notice or similar notice from ARTC for Material Default of any agreement with ARTC and the event giving rise to that rectification notice or similar notice has not been rectified; (iv) ARTC forms the view, acting reasonably, that the Accredited Operator is not of sufficient financial capacity to meet potential liabilities under the Operator Sub-Agreement provided that ARTC is only able to form this view if it has requested Credit Support from the Operator and the Operator has not provided the Credit Support within the timeframe provided under the Operator Sub-Sub- Agreement.

Nomination of new Operators. (a) The Access Holder may nominate a new Accredited Operator (who is not currently an approved Operator for any Train Path under this agreement) on 10 Business Days’ written notice to ARTC. The notice must include sufficient information (to be specified on ARTC’s website from time to time) about the Accredited Operator to enable ARTC to consider the nomination. (b) ARTC will use its best endeavours to approve or reject that nomination within 10 Business Days of the later of receiving notice or the required information. ARTC is only entitled to reject a nomination if: (i) the Operator is not accredited at the time of the nomination; (ii) the Accredited Operator does not have an unconditional Operator Sub-Agreement with ARTC endorsed by the Access Holder; (iii) the nominated Operator has received a rectification notice or similar notice from ARTC for Material Default material breach of any agreement with ARTC and the event giving rise to that rectification notice or similar notice has not been rectified; (iv) ARTC forms the view, acting reasonably, that the Accredited Operator is not of sufficient financial capacity to meet potential liabilities under the Operator Sub-Agreement provided that ARTC is only able to form this view if it has requested Credit Support from the Operator and the Operator has not provided the Credit Support within the timeframe provided under the Operator Sub-Sub- Agreement.

Nomination of new Operators. (a) The Access Holder may nominate a new Accredited Operator (who is not currently an approved Operator for any Train Path under this agreement) on 10 Business Days’ written notice to ARTC. The notice must include sufficient information (to be specified on ARTC’s website from time to time) about the Accredited Operator to enable ARTC to consider the nomination. (b) ARTC will use its best endeavours to approve or reject that nomination within 10 Business Days of the later of receiving notice or the required information. ARTC is only entitled to reject a nomination if: (i) the Operator is not accredited at the time of the nomination; ; (ii) (i) the Accredited Operator does not have an unconditional Operator Sub-Agreement with ARTC endorsed by the Access Holder; ; (iii) (ii) the nominated Accreditednominated Operator is in material default of an Operator Sub-Agreement in relation to another access holder or has had such agreement terminated by ARTC in the past; orhas received a rectification notice or similar notice from ARTC for Material Default material breach of any agreement with ARTC and the event giving rise to that rectification notice or similar notice has not been rectified; (iv) ARTC forms the view, acting reasonably, that the Accredited Operator is not of sufficient financial capacity to meet potential liabilities under the Operator Sub-Agreement provided that ARTC is only able to form this view if it has requested Credit Support from the Operator and the Operator has not provided the Credit Support within the timeframe provided under the Operator Sub-Agreement.

Nomination of new Operators. (a) The Access Holder may nominate a new Accredited Operator (who is not currently an approved Operator for any Train Path under this agreement) on 10 Business Days’ written notice to ARTC. The notice must include sufficient information (to be specified on ARTC’s website from time to time) about the Accredited Operator to enable ARTC to consider the nomination. (b) ARTC will use its best endeavours to approve or reject that nomination within 10 Business Days of the later of receiving notice or the required information. ARTC is only entitled to reject a nomination if: (i) the Operator is not accredited at the time of the nomination; (ii) the Accredited Operator does not have an unconditional Operator Sub-Agreement with ARTC endorsed by the Access Holder; (iii) the nominated Operator has received a rectification notice or similar notice from ARTC for Material mMaterial breach Default of any agreement with ARTC and the event giving rise to that rectification notice or similar notice has not been rectified; (iv) ARTC forms the view, acting reasonably, that the Accredited Operator is not of sufficient financial capacity to meet potential liabilities under the Operator Sub-Agreement provided that ARTC is only able to form this view if it has requested Credit Support from the Operator and the Operator has not provided the Credit Support within the timeframe provided under the Operator Sub-Sub- Agreement.

Nomination of new Operators. (a) The Access Holder may nominate a new Accredited Operator (who is not currently an approved Operator for any Train Path under this agreement) on 10 Business Days’ written notice to ARTC. The notice must include sufficient information (to be specified on ARTC’s website from time to time) about the Accredited Operator to enable ARTC to consider the nomination. (b) ARTC will use its best endeavours to approve or reject that nomination within 10 Business Days of the later of receiving notice or the required information. ARTC is only entitled to reject a nomination if: (i) the Operator is not accredited at the time of the nomination; (ii) the Accredited Operator does not have an unconditional Operator Sub-Agreement with ARTC endorsed by the Access Holder; (iii) the nominated Operator has received a rectification notice or similar notice from ARTC for Material Default material breach of any agreement with ARTC and the event giving rise to that rectification notice or similar notice has not been rectified; (iv) ARTC forms the view, acting reasonably, that the Accredited Operator is not of sufficient financial capacity to meet potential liabilities under the Operator Sub-Agreement provided that ARTC is only able to form this view if it has requested Credit Support from the Operator and the Operator has not provided the Credit Support within the timeframe provided under the Operator Sub-Agreement.