Common use of Notice of Intention to Increase Nominal Payload Clause in Contracts

Notice of Intention to Increase Nominal Payload. (a) AtSubject to clause 10.1(b), at any time during the Term, Aurizon Network may give the End User a notice of Aurizon Network’s intention to increase the Nominal Payload for a Train Service Type (Notice of Intention to Increase Nominal Payload). (b) Aurizon Network must not give a Notice of Intention to Increase Nominal Payload for a Train Service Type unless Aurizon Network has first consulted with all relevant Access Holders and relevant Railway Operators about options for increasing the capacity of the relevant part of the Network on which Train Services for the Train Service Type are operated. (c) If Aurizon Network gives a Notice of Intention to Increase Nominal Payload to the End User, Aurizon Network must also give a copy of that Notice of Intention to Increase Nominal Payload to each affected Operator (if any). (d) (b) A Notice of Intention to Increase Nominal Payload must: (i) specify: (A) the increased Nominal Payload (Revised Nominal Payload) for the Train Service Type (as determined by Aurizon Network in its discretion); and (B) the Revised Maximum Payload for the Train Service Type; and (C) the Revised Nominated Monthly Train Services for the Train Service Type, including reasonable details of the calculation of those amounts; (ii) specify the date (Effective Date) on which the variations specified in the Notice of Intention to Increase Nominal Payload will take effect (provided that such Effective Date must not be less than 1418 months (or such other period as agreed between the Parties) after the date on which Aurizon Network gives the Notice of Intention to Increase Nominal Payload to the End User); and (iii) notifying the End User that, subject to clause 9.5,10.5, with effect on the Effective Date: (A) the Nominal Payload for the Train Service Type will be taken to be varied to be the Revised Nominal Payload for the Train Service Type (as specified in the Notice of Intention to Increase Nominal Payload); (B) the Maximum Payload for the Train Services Type will be taken to be varied to be the Revised Maximum Payload for that Train Service Type (as specified in the Notice of Intention to Increase Nominal Payload); and (C) the Nominated Monthly Train Services for that Train Service Type will be taken to be varied to be the Revised Nominated Monthly Train Services for that Train Service Type (as specified in the Notice of Intention to Increase Nominal Payload).

Notice of Intention to Increase Nominal Payload. (a) AtSubject to clause 10.1(b), at At any time during the Term, Aurizon Network may give the End User Operator a notice of Aurizon Network’s intention to increase the Nominal Payload for a Train Service Type (Notice of Intention to Increase Nominal Payload). (b) Aurizon Network must not give a Notice of Intention to Increase Nominal Payload for a Train Service Type unless Aurizon Network has first consulted with all relevant Access Holders and relevant Railway Operators about options for increasing the capacity of the relevant part of the Network on which Train Services for the Train Service Type are operated. (c) If Aurizon Network gives a Notice of Intention to Increase Nominal Payload to the End User, Aurizon Network must also give a copy of that Notice of Intention to Increase Nominal Payload to each affected Operator (if any). (d) (b) A Notice of Intention to Increase Nominal Payload must: (i) specify: (A) the increased Nominal Payload (Revised Nominal Payload) for the Train Service Type (as determined by Aurizon Network in its discretion); and (B) the Revised Maximum Payload for the Train Service Type; and (C) the Revised Nominated Monthly Train Services for the Train Service Type, including reasonable details of the calculation of those amounts; (ii) specify the date (Effective Date) on which the variations specified in the Notice of Intention to Increase Nominal Payload will take effect (provided that such Effective Date must not be less than 1418 14 months (or such other period as agreed between the Parties) after the date on which Aurizon Network gives the Notice of Intention to Increase Nominal Payload to the End UserOperator); and (iii) notifying the End User Operator that, subject to clause 9.5,10.511.6, with effect on the Effective Date: (A) the Nominal Payload for the Train Service Type will be taken to be varied to be the Revised Nominal Payload for the Train Service Type (as specified in the Notice of Intention to Increase Nominal Payload); (B) the Maximum Payload for the Train Services Type will be taken to be varied to be the Revised Maximum Payload for that Train Service Type (as specified in the Notice of Intention to Increase Nominal Payload); and (C) the Nominated Monthly Train Services for that Train Service Type will be taken to be varied to be the Revised Nominated Monthly Train Services for that Train Service Type (as specified in the Notice of Intention to Increase Nominal Payload).

Notice of Intention to Increase Nominal Payload. (a) AtSubject Subject to clause 10.1(b12.1(b), at any time during the Term, Aurizon Network may give the End User Operator a notice of Aurizon Network’s intention to increase the Nominal Payload for a Train Service Type (Notice of Intention to Increase Nominal Payload). (b) Aurizon Network must not give a Notice of Intention to Increase Nominal Payload for a Train Service Type unless Aurizon Network has first consulted with all relevant Access Holders and relevant Railway Operators about options for increasing the capacity of the relevant part of the Network on which Train Services for the Train Service Type are operated. (c) If Aurizon Network gives a Notice of Intention to Increase Nominal Payload to the End User, Aurizon Network must also give a copy of that Notice of Intention to Increase Nominal Payload to each affected Operator (if any). (d) (b) A Notice of Intention to Increase Nominal Payload must: (i) specify: (A) the increased Nominal Payload (Revised Nominal Payload) for the Train Service Type (as determined by Aurizon Network in its discretion); and (B) the Revised Maximum Payload for the Train Service Type; and (C) the Revised Nominated Monthly Train Services for the Train Service Type, including reasonable details of the calculation of those amounts; (ii) specify the date (Effective Date) on which the variations specified in the Notice of Intention to Increase Nominal Payload will take effect (provided that such Effective Date must not be less than 1418 18 months (or such other period as agreed between the Parties) after the date on which Aurizon Network gives the Notice of Intention to Increase Nominal Payload to the End UserOperator); and (iii) notifying the End User Operator that, subject to clause 9.5,10.512.6, with effect on the Effective Date: (A) the Nominal Payload for the Train Service Type will be taken to be varied to be the Revised Nominal Payload for the Train Service Type (as specified in the Notice of Intention to Increase Nominal Payload); (B) the Maximum Payload for the Train Services Type will be taken to be varied to be the Revised Maximum Payload for that Train Service Type (as specified in the Notice of Intention to Increase Nominal Payload); and (C) the Nominated Monthly Train Services for that Train Service Type will be taken to be varied to be the Revised Nominated Monthly Train Services for that Train Service Type (as specified in the Notice of Intention to Increase Nominal Payload).

Notice of Intention to Increase Nominal Payload. (a) AtSubject Subject to clause 10.1(b), at any time during the Term, Aurizon Network may give the End User a notice of Aurizon Network’s intention to increase the Nominal Payload for a Train Service Type (Notice of Intention to Increase Nominal Payload). (b) Aurizon Network must not give a Notice of Intention to Increase Nominal Payload for a Train Service Type unless Aurizon Network has first consulted with all relevant Access Holders and relevant Railway Operators about options for increasing the capacity of the relevant part of the Network on which Train Services for the Train Service Type are operated. (c) If Aurizon Network gives a Notice of Intention to Increase Nominal Payload to the End User, Aurizon Network must also give a copy of that Notice of Intention to Increase Nominal Payload to each affected Operator (if any). . (d) (b) A Notice of Intention to Increase Nominal Payload must: : (i) specify: (A) the increased Nominal Payload (Revised Nominal Payload) for the Train Service Type (as determined by Aurizon Network in its discretion); and (B) the Revised Maximum Payload for the Train Service Type; and (C) the Revised Nominated Monthly Train Services for the Train Service Type, including reasonable details of the calculation of those amounts; ; (ii) specify the date (Effective Date) on which the variations specified in the Notice of Intention to Increase Nominal Payload will take effect (provided that such Effective Date must not be less than 1418 18 months (or such other period as agreed between the Parties) after the date on which Aurizon Network gives the Notice of Intention to Increase Nominal Payload to the End User); and (iii) notifying the End User that, subject to clause 9.5,10.5, with effect on the Effective Date: (A) the Nominal Payload for the Train Service Type will be taken to be varied to be the Revised Nominal Payload for the Train Service Type (as specified in the Notice of Intention to Increase Nominal Payload); (B) the Maximum Payload for the Train Services Type will be taken to be varied to be the Revised Maximum Payload for that Train Service Type (as specified in the Notice of Intention to Increase Nominal Payload); and (C) the Nominated Monthly Train Services for that Train Service Type will be taken to be varied to be the Revised Nominated Monthly Train Services for that Train Service Type (as specified in the Notice of Intention to Increase Nominal Payload).

Notice of Intention to Increase Nominal Payload. (a) AtSubject Subject to clause 10.1(b12.1(b), at any time during the Term, Aurizon Network may give the End User Access Holder a notice of Aurizon Network’s intention to increase the Nominal Payload for a Train Service Type (Notice of Intention to Increase Nominal Payload). (b) Aurizon Network must not give a Notice of Intention to Increase Nominal Payload for a Train Service Type unless Aurizon Network has first consulted with all relevant Access Holders and relevant Railway Operators about options for increasing the capacity of the relevant part of the Network on which Train Services for the Train Service Type are operated. (c) If Aurizon Network gives a Notice of Intention to Increase Nominal Payload to the End UserAccess Holder, Aurizon Network must also give a copy of that Notice of Intention to Increase Nominal Payload to each affected Operator (if any). . (d) (b) A Notice of Intention to Increase Nominal Payload must: (i) specify: (A) the increased Nominal Payload (Revised Nominal Payload) for the Train Service Type (as determined by Aurizon Network in its discretion); and (B) the Revised Maximum Payload for the Train Service Type; and (C) the Revised Nominated Monthly Train Services for the Train Service Type, including reasonable details of the calculation of those amounts; (ii) specify the date (Effective Date) on which the variations specified in the Notice of Intention to Increase Nominal Payload will take effect (provided that such Effective Date must not be less than 1418 18 months (or such other period as agreed between the Parties) after the date on which Aurizon Network gives the Notice of Intention to Increase Nominal Payload to the End UserAccess Holder); and (iii) notifying the End User Access Holder that, subject to clause 9.5,10.512.5, with effect on the Effective Date: (A) the Nominal Payload for the Train Service Type will be taken to be varied to be the Revised Nominal Payload for the Train Service Type (as specified in the Notice of Intention to Increase Nominal Payload); (B) the Maximum Payload for the Train Services Type will be taken to be varied to be the Revised Maximum Payload for that Train Service Type (as specified in the Notice of Intention to Increase Nominal Payload); andIntention (C) the Nominated Monthly Train Services for that Train Service Type will be taken to be varied to be the Revised Nominated Monthly Train Services for that Train Service Type (as specified in the Notice of Intention to Increase Nominal Payload).

Notice of Intention to Increase Nominal Payload. (a) AtSubject to clause 10.1(b), at At any time during the Term, Aurizon Network may give the End User a notice of Aurizon Network’s intention to increase the Nominal Payload for a Train Service Type (Notice of Intention to Increase Nominal Payload). (b) Aurizon Network must not give a Notice of Intention to Increase Nominal Payload for a Train Service Type unless Aurizon Network has first consulted with all relevant Access Holders and relevant Railway Operators about options for increasing the capacity of the relevant part of the Network on which Train Services for the Train Service Type are operated. (c) If Aurizon Network gives a Notice of Intention to Increase Nominal Payload to the End User, Aurizon Network must also give a copy of that Notice of Intention to Increase Nominal Payload to each affected Operator (if any). (d) (b) A Notice of Intention to Increase Nominal Payload must: (i) specify: (A) the increased Nominal Payload (Revised Nominal Payload) for the Train Service Type (as determined by Aurizon Network in its discretion); and (B) the Revised Maximum Payload for the Train Service Type; and (C) the Revised Nominated Monthly Train Services for the Train Service Type, including reasonable details of the calculation of those amounts; (ii) specify the date (Effective Date) on which the variations specified in the Notice of Intention to Increase Nominal Payload will take effect (provided that such Effective Date must not be less than 1418 14 months (or such other period as agreed between the Parties) after the date on which Aurizon Network gives the Notice of Intention to Increase Nominal Payload to the End User); and (iii) notifying the End User that, subject to clause 9.5,10.59.5, with effect on the Effective Date: (A) the Nominal Payload for the Train Service Type will be taken to be varied to be the Revised Nominal Payload for the Train Service Type (as specified in the Notice of Intention to Increase Nominal Payload); (B) the Maximum Payload for the Train Services Type will be taken to be varied to be the Revised Maximum Payload for that Train Service Type (as specified in the Notice of Intention to Increase Nominal Payload); and (C) the Nominated Monthly Train Services for that Train Service Type will be taken to be varied to be the Revised Nominated Monthly Train Services for that Train Service Type (as specified in the Notice of Intention to Increase Nominal Payload).