Offer to third parties. If Toll NZ declines a Variation Proposal under clause 6.3(c), or if Toll Rail seeks to vary the terms of a Variation Proposal under clause 6.3(b) and the parties are unable to reach agreement in writing on the Variation Proposal within 30 days of Toll Rail giving notice under that clause, the Access Provider may offer such Access Rights or subsidy (together with Access Rights to enable the relevant rail services to be provided) to third parties including any other Existing Operator, provided that the Access Provider may not offer such Access Rights to a third party on terms more favourable than those offered to Toll Rail having regard to the relative volume and scope of services respectively provided by Toll Rail and the operator for the Line Segments in relation to which the access is being granted. Toll Rail must provide access and services to such new operators in accordance with clause 7 (interconnection).
Offer to third parties. After the expiration of the offer period(s) mentioned in Clauses 11.1 and 11.2, Start-Up shall have the right for a period of ninety (90) days thereafter, to offer the Shares not subscribed for by any of the Shareholders to a non-Shareholder at a price per Share and on terms no more favourable to such non-Shareholders than as set forth in the Rights Offer, provided that the said non-Shareholder agrees to execute and deliver to the other Shareholders and Start-Up a Deed of Adherence to this SSA. If Start-Up does not allot and issue all of such Shares during such period, any new issues of Shares shall comply with the foregoing provisions of this Clause 10. A*CCELERATE-APTORUM PARTIES-Master Agreement
