Common use of Notification of Underutilisation Event Clause in Contracts

Notification of Underutilisation Event. Promptly after the End User becomes aware of any Underutilisation Event for a Train Service Type occurring, the End User must give Aurizon Network a notice specifying: (a) reasonable details of the Underutilisation Event; and (b) the extent of the Access Rights for the Train Service Type which the End User considers, acting reasonably, it will be unable to utilise, will not need to utilise or will be unable to have Operators utilise, for the operation of Train Services for the Train Service Type as a consequence of the Underutilisation Event.

Appears in 2 contracts

Samples: End User Access Agreement, End User Access Agreement

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Notification of Underutilisation Event. Promptly after the End User Operator becomes aware of any Underutilisation Event for a Train Service Type occurring, the End User Operator must give Aurizon Network a notice specifying: (a) reasonable details of the Underutilisation Event; and (b) the extent of the Access Rights for the Train Service Type which the End User Operator considers, acting reasonably, it will be unable to utilise, or will not need to utilise or will be unable to have Operators utilise, for the operation of Train Services for the Train Service Type as a consequence of the Underutilisation Event.

Appears in 2 contracts

Samples: Operator Access Agreement, Operator Access Agreement

Notification of Underutilisation Event. Promptly after the End User becomes aware or should reasonably have become aware of, or is informed by the Operator of any Underutilisation Event for a Train Service Type occurring, the End User must give Aurizon Network a notice specifying: (a) reasonable details of the Underutilisation Event; and (b) the extent of the Access Rights for the Train Service Type which the End User considers, acting reasonably, it the End User or the Operator will be unable to utilise, or will not need to utilise or will be unable to have Operators utilise, for the operation of Train Services for the Train Service Type as a consequence of the Underutilisation Event.

Appears in 1 contract

Samples: Access Holder Access Agreement

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Notification of Underutilisation Event. Promptly after If the End User becomes aware of of, or is informed by the Operator of, any Underutilisation Event for a Train Service Type occurring, the End User must may (but is not obliged to) give Aurizon Network a notice specifying: (a) reasonable details of the Underutilisation Event, including without limitation if the Underutilisation Event is, or is the result of, a Force Majeure Event; and (b) the extent of the Access Rights for the Train Service Type which the End User considers, acting reasonably, it the End User or the Operator will be unable to utilise, or will not need to utilise or will be unable to have Operators utilise, for the operation of Train Services for the Train Service Type as a consequence of the Underutilisation Event.

Appears in 1 contract

Samples: Access Holder Access Agreement

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