Common use of Other repayment Clause in Contracts

Other repayment. (a) If, within nine years and 11 months after the Commencement Date, Aurizon Network does not become obliged to repay the Loaned Amount to the Study Funder under clause 6.1 or 6.2, then: (i) Aurizon Network is, subject to clause 6.3(a)(iv), obliged to repay the Loaned Amount; (ii) Aurizon Network will grant the Study Funder a Rail Study Licence; (iii) the Study Funder will be obliged to pay the Licence Fee to Aurizon Network; (iv) the Study Funder will deduct from the Licence Fee payable to Aurizon Network under clause 6.3(a)(iii) the Loaned Amount repayable by Aurizon Network; and (v) on the grant of the Rail Study Licence by Aurizon Network to the Study Funder under clause 6.3(a)(i): (A) the Loaned Amount is taken to be fully repaid by Aurizon Network to the Study Funder; and (B) the Study Funder will have no Claim against Aurizon Network in respect of the Loaned Amount. (b) The Study Funder’s right to repayment of the Loaned Amount is subject and subordinate to the rights of, and will rank in priority of point of payment after, all other debts and liabilities of Aurizon Network (other than any liability of Aurizon Network to Other Study Funders in respect of the repayment of loans made under Other Funding Agreements). (c) Despite any other clause in this Agreement, the Study Funder: (i) will have no entitlement to have resort or recourse to any asset of Aurizon Network; and (ii) agrees that its right to recourse is limited to the grant of the Rail Study Licence under clause 6.3(a)(ii). (d) For the avoidance of doubt, the Study Funder will not have any right to be repaid the Loaned Amount (or any part of it) except as expressly provided in this clause 6 and clauses 11.4(d)(ii) and 13.3.

Other repayment. (a) If, within nine years and 11 months after the Commencement Date, Aurizon Network does not become obliged to repay the Loaned Amount to the Study Funder under clause 6.1 or 6.26.1, then: (i) Aurizon Network is, subject to clause 6.3(a)(iv6.2(a)(iv), obliged to repay the Loaned Amount; (ii) Aurizon Network will grant the Study Funder a Rail Study Licence; (iii) the Study Funder will be obliged to pay the Licence Fee to Aurizon Network; (iv) the Study Funder will deduct from the Licence Fee payable to Aurizon Network under clause 6.3(a)(iii6.2(a)(iii) the Loaned Amount repayable by Aurizon Network; and (v) on the grant of the Rail Study Licence by Aurizon Network to the Study Funder under clause 6.3(a)(i6.2(a)(i): (A) the Loaned Amount is taken to be fully repaid by Aurizon Network to the Study Funder; and (B) the Study Funder will have no Claim against Aurizon Network in respect of the Loaned Amount. (b) The Study Funder’s right to repayment of the Loaned Amount is subject and subordinate to the rights of, and will rank in priority of point of payment after, all other debts and liabilities of Aurizon Network (other than any liability of Aurizon Network to Other Study Funders in respect of the repayment of loans made under Other Funding Agreements). (c) Despite any other clause in this Agreement, the Study Funder: (i) will have no entitlement to have resort or recourse to any asset of Aurizon Network; and (ii) agrees that its right to recourse is limited to the grant of the Rail Study Licence under clause 6.3(a)(ii6.2(a)(i). (d) For the avoidance of doubt, the Study Funder will not have any right to be repaid the Loaned Amount (or any part of it) except as expressly provided in this clause 6 and clauses 11.4(d)(ii) and 13.3.

Other repayment. (a) If, within nine years and 11 months after the Commencement Date, Aurizon Network does not become obliged to repay the Loaned Amount to the Study Funder under clause 6.1 or 6.26.1, then: (i) Aurizon Network is, subject to clause 6.3(a)(iv6.2(a)(iv), obliged to repay the Loaned Amount; (ii) Aurizon Network will grant the Study Funder a Rail Study Licence; (iii) the Study Funder will be obliged to pay the Licence Fee to Aurizon Network; (iv) the Study Funder will deduct from the Licence Fee payable to Aurizon Network under clause 6.3(a)(iii6.2(a)(iii) the Loaned Amount repayable by Aurizon Network; and (v) on the grant of the Rail Study Licence by Aurizon Network to the Study Funder under clause 6.3(a)(i6.2(a)(i): (A) the Loaned Amount is taken to be fully repaid by Aurizon Network to the Study Funder; and (B) the Study Funder will have no Claim against Aurizon Network in respect of the Loaned Amount. (b) The Study Funder’s right to repayment of the Loaned Amount is subject and subordinate to the rights of, and will rank in priority of point of payment after, all other debts and liabilities of Aurizon Network (other 26 SFA – FS only than any liability of Aurizon Network to Other Study Funders in respect of the repayment of loans made under Other Funding Agreements). (c) Despite any other clause in this Agreement, the Study Funder: (i) will have no entitlement to have resort or recourse to any asset of Aurizon Network; and (ii) agrees that its right to recourse is limited to the grant of the Rail Study Licence under clause 6.3(a)(ii6.2(a)(i). (d) For the avoidance of doubt, the Study Funder will not have any right to be repaid the Loaned Amount (or any part of it) except as expressly provided in this clause 6 and clauses 11.4(d)(ii11.4(d)(ii)10.4(d)(ii) and 13.312.312.3. 7 Rail Study 7.1 Conduct of Rail Study (a) Aurizon Network must carry out, or procure the carrying out of, the Rail Study. (b) Aurizon Network will carry out, or procure the carrying out of, the Rail Study in accordance with Good Industry Practice, all relevant Laws, applicable Authority Approvals, the relevant Approved Work Plan, this Agreement and so as to deliver the Capacity required under the Rail Study.