Common use of Performance Levels Clause in Contracts

Performance Levels. (a) If a notice is given under the Train Operations Deed that a party considers that the Performance Levels are no longer appropriate: (i) Aurizon Network must promptly provide a copy of the notice to the Access Holder; and (ii) the Parties and the Operator must use reasonable endeavours to agree on varied Performance Levels. (b) If the Parties and the Operator are unable to agree to such variations then the existing Performance Levels will continue to apply unless varied by Aurizon Network in accordance with clause 12.2(a)(iv) of the Train Operations Deed.

Performance Levels. ‌ (a) If a notice is given under the Train Operations Deed that a party considers that the Performance Levels are no longer appropriate: (i) Aurizon Network must promptly provide a copy of the notice to the Access Holder; and (ii) the Parties and the Operator must use reasonable endeavours to agree on varied Performance Levels. (b) If the Parties and the Operator are unable to agree to such variations then the existing Performance Levels will continue to apply unless varied by Aurizon Network in accordance with clause 12.2(a)(iv) of the Train Operations Deed.

Performance Levels. (a) If a notice is given under the Train Operations Deed that a party considers that the Performance Levels are no longer appropriate: (i) Aurizon Network must promptly provide a copy of the notice to the Access Holder; and (ii) , the Parties and the Operator must use reasonable endeavours to agree on varied Performance Levels. (b) If the Parties and the Operator are unable to agree to such variations then the existing Performance Levels will continue to apply unless varied by Aurizon Network in accordance with clause 12.2(a)(iv) of the Train Operations Deed.

Performance Levels. (a) If a notice is given under the Train Operations Deed that a party considers that the Performance Levels are no longer appropriate, : (i) Aurizon Network must promptly provide a copy of the notice to the Access Holder; and (i) (ii) the Parties and the Operator must use reasonable endeavours to agree on varied Performance Levels. (b) If the Parties and the Operator are unable to agree to such variations then the existing Performance Levels will continue to apply unless varied by Aurizon Network in accordance with clause 12.2(a)(iv) of the Train Operations Deed.