Common use of Notification of reduction of Nominated Monthly Train Services Clause in Contracts

Notification of reduction of Nominated Monthly Train Services. If, at a point in time (Assessment Date), the Average Annual Payload for a Train Service Type exceeds the Maximum Payload for that Train Service Type, then Aurizon Network may, within 20 Business Days after the Assessment Date, give the Operator a notice (Reduction Notice): (a) specifying: (i) the Average Annual Payload for the Train Service Type as at the Assessment Date; (ii) the Revised Nominal Payload for that Train Service Type; (iii) the Revised Maximum Payload for that Train Service Type; and (iv) the Revised Nominated Monthly Train Services for that Train Service Type, including reasonable details of the calculation of those amounts; and (b) notifying the Operator that, with effect on the date specified in the Reduction Notice (which date must not be less than three months after the date the Reduction Notice is given to the Operator): (i) the Nominal Payload for the Train Service Type will be taken to be varied to be the Revised Nominal Payload for that Train Service Type (as specified in the Reduction Notice); (ii) 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 Reduction Notice); and (iii) 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 Reduction Notice).

Notification of reduction of Nominated Monthly Train Services. If, at a point in time (Assessment Date), the Average Annual Payload for a Train Service Type exceeds the Maximum Payload for that Train Service Type, then Aurizon Network may, within 20 Business Days after the Assessment Date, give the Operator End User a notice (Reduction Notice): (a) specifying: (i) the Average Annual Payload for the Train Service Type as at the Assessment Date; (ii) the Revised Nominal Payload for that Train Service Type; (iii) the Revised Maximum Payload for that Train Service Type; and (iv) the Revised Nominated Monthly Train Services for that Train Service Type, including reasonable details of the calculation of those amounts; and (b) notifying the Operator End User that, with effect on the date specified in the Reduction Notice (which date must not be less than three months after the date the Reduction Notice is given to the OperatorEnd User): (i) the Nominal Payload for the Train Service Type will be taken to be varied to be the Revised Nominal Payload for that Train Service Type (as Type(as specified in the Reduction Notice); (ii) 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 Reduction Notice); and (iii) 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 Reduction Notice).

Notification of reduction of Nominated Monthly Train Services. If, at a point in time (Assessment Date), the Average Annual Payload for a Train Service Type operated by a particular Operator (Defaulting Operator) exceeds the Maximum Payload for that Train Service Type, then Aurizon Network may, within 20 Business Days after the Assessment Date, give the End User and the Defaulting Operator a notice (Reduction Notice): (a) specifying: (i) the Average Annual Payload for the Train Service Type operated by the Defaulting Operator as at the Assessment Date; (ii) the Revised Nominal Payload for that Train Service TypeType operated by the Defaulting Operator; (iii) the Revised Maximum Payload for that Train Service TypeType operated by the Defaulting Operator; and (iv) the Revised Nominated Monthly Train Services for that Train Service TypeType operated by the Defaulting Operator, including reasonable details of the calculation of those amounts; and (b) notifying the End User and the Defaulting Operator that, with effect on the date specified in the Reduction Notice (which date must not be less than three months after the date the Reduction Notice is given to the End User and the Defaulting Operator): (i) the Nominal Payload for the Train Service Type operated by the Defaulting Operator will be taken to be varied to be the Revised Nominal Payload for that Train Service Type (as specified in the Reduction Notice); (ii) the Maximum Payload for the Train Services Type operated by the Defaulting Operator will be taken to be varied to be the Revised Maximum Payload for that Train Service Type operated by the Defaulting Operator (as specified in the Reduction Notice); and (iii) the Nominated Monthly Train Services for that Train Service Type operated by the Defaulting Operator will be taken to be varied to be the Revised Nominated Monthly Train Services for that Train Service Type operated by the Defaulting Operator (as specified in the Reduction Notice).

Notification of reduction of Nominated Monthly Train Services. (a) If, at a point in time (Assessment Date), the Average Annual Payload for a Train Service Type operated by a particular Operator (Defaulting Operator) exceeds the Maximum Payload for that Train Service Type, then Aurizon Network may, within 20 Business Days after the Assessment Date, give the End User and the Defaulting Operator a notice (Reduction Notice):) in respect of the Affected Train Service Type. (ab) specifyingThe Reduction Notice must: (i) specify: (A) the Average Annual Payload for the Affected Train Service Type as at the Assessment Date; (iiB) the Revised Nominal Payload for that the Affected Train Service Type; (iiiC) the Revised Maximum Payload for that the Affected Train Service Type; and (ivD) the Revised Nominated Monthly Train Services for that the Affected Train Service Type, including reasonable details of the calculation of those amounts; and (bii) notifying notify the End User and the Defaulting Operator that, with effect on the date specified in the Reduction Notice (which date must not be less than three months after the date the Reduction Notice is given to the End User and the Defaulting Operator): (iA) the Nominal Payload for the Affected Train Service Type will be taken to be varied to be the Revised Nominal Payload for that Affected Train Service Type (as specified in the Reduction Notice); (iiB) the Maximum Payload for the Affected Train Services Type will be taken to be varied to be the Revised Maximum Payload for that Affected Train Service Type (as specified in the Reduction Notice); and (iiiC) the Nominated Monthly Train Services for that the Affected Train Service Type will be taken to be varied to be the Revised Nominated Monthly Train Services for that Affected Train Service Type (as specified in the Reduction Notice).

Notification of reduction of Nominated Monthly Train Services. (a) If, at a point in time (Assessment Date), the Average Annual Payload for a Train Service Type operated by a particular Operator (Defaulting Operator) exceeds the Maximum Payload for that Train Service Type, then Aurizon Network may, within 20 Business Days after the Assessment Date, give the Access Holder and the Defaulting Operator a notice (Reduction Notice):) in respect of the Affected Train Service Type. (ab) specifyingThe Reduction Notice must: (i) specify: (A) the Average Annual Payload for the Affected Train Service Type as at the Assessment Date; (iiB) the Revised Nominal Payload for that the Affected Train Service Type; (iiiC) the Revised Maximum Payload for that the Affected Train Service Type; and (ivD) the Revised Nominated Monthly Train Services for that the Affected Train Service Type, including reasonable details of the calculation of those amounts; and (bii) notifying notify the Access Holder and the Defaulting Operator that, with effect on the date specified in the Reduction Notice (which date must not be less than three months after the date the Reduction Notice is given to the Access Holder and the Defaulting Operator): (iA) the Nominal Payload for the Affected Train Service Type will be taken to be varied to be the Revised Nominal Payload for that Affected Train Service Type (as specified in the Reduction Notice); (iiB) the Maximum Payload for the Affected Train Services Type will be taken to be varied to be the Revised Maximum Payload for that Affected Train Service Type (as specified in the Reduction Notice); and (iiiC) the Nominated Monthly Train Services for that the Affected Train Service Type will be taken to be varied to be the Revised Nominated Monthly Train Services for that Affected Train Service Type (as specified in the Reduction Notice).