Proposed Resumption Notice. (a) Subject to clause 6.2(b), if Aurizon Network considers that a Resumption Trigger Event for the Train Service Type has occurred, then Aurizon Network may, regardless of whether or not Aurizon Network has given the End User an Information Request Notice in respect of that Resumption Trigger Event or whether or not the End User has responded to such an Information Request Notice, give the End User a notice (Proposed Resumption Notice) specifying: (i) reasonable details of the Resumption Trigger Event; (ii) the Access Rights for the Train Service Type which Aurizon Network considers to be Underutilised Access Rights for the Train Service Type in respect of the Resumption Trigger Event; and (iii) that Aurizon Network is considering resuming the whole or part of the Underutilised Access Rights for the Train Service Type. (b) Aurizon Network must not give a Proposed Resumption Notice in respect of a Resumption Trigger Event for a Train Service Type specified in paragraph (a) of the definition of Resumption Trigger Event more than 40 Business Days after the end of the applicable four consecutive Quarters referred to in paragraph (a) of that definition.
Appears in 2 contracts
Samples: End User Access Agreement, End User Access Agreement
Proposed Resumption Notice. (a) Subject to clause 6.2(b8.2(b), if Aurizon Network considers that a Resumption Trigger Event for the Train Service Type has occurred, then Aurizon Network may, regardless of whether or not Aurizon Network has given the End User Operator an Information Request Notice in respect of that Resumption Trigger Event or whether or not the End User Operator has responded to such an Information Request Notice, give the End User Operator a notice (Proposed Resumption Notice) specifying:
(i) reasonable details of the Resumption Trigger Event;
(ii) the Access Rights for the Train Service Type which Aurizon Network considers to be Underutilised Access Rights for the Train Service Type in respect of the Resumption Trigger Event; and
(iii) that Aurizon Network is considering resuming the whole or part of the Underutilised Access Rights for the Train Service Type.
(b) Aurizon Network must not give a Proposed Resumption Notice in respect of a Resumption Trigger Event for a Train Service Type specified in paragraph (a) of the definition of Resumption Trigger Event more than 40 Business Days after the end of the applicable four consecutive Quarters referred to in paragraph (a) of that definition.
Appears in 1 contract
Samples: Operator Access Agreement
Proposed Resumption Notice. (a) Subject to clause 6.2(b), if If Aurizon Network considers that a Resumption Trigger Event for the Train Service Type has occurred, then Aurizon Network may, regardless of whether or not Aurizon Network has given the End User an Information Request Notice in respect of that Resumption Trigger Event or whether or not the End User has responded to such an Information Request Notice, give the End User a notice (Proposed Resumption Notice) specifying:
(ia) reasonable details of the Resumption Trigger Event;
(iib) the Access Rights for the Train Service Type which Aurizon Network considers to be Underutilised Access Rights for the Train Service Type in respect of the Resumption Trigger Event; and
(iiic) that Aurizon Network is considering resuming the whole or part of the Underutilised Access Rights for the Train Service Type.
(b) , provided that Aurizon Network must not give a Proposed Resumption Notice in respect of relation to a Resumption Trigger Event for a Train Service Type specified in paragraph (a) of the definition of “Resumption Trigger Event Event” more than 40 20 Business Days after the end of the applicable relevant four consecutive Quarters referred to in paragraph (a) of that definitionQuarters.
Appears in 1 contract
Samples: Access Holder Access Agreement
Proposed Resumption Notice. (a) Subject to clause 6.2(b8.2(b), if Aurizon Network considers that a Resumption Trigger Event for the Train Service Type has occurred, then Aurizon Network may, regardless of whether or not Aurizon Network has given the End User an Information Request Notice in respect of that Resumption Trigger Event or whether or not the End User has responded to such an Information Request Notice, give the End User a notice (Proposed Resumption Notice) specifying:
(i) reasonable details of the Resumption Trigger Event;
(ii) the Access Rights for the Train Service Type which Aurizon Network considers to be Underutilised Access Rights for the Train Service Type in respect of the Resumption Trigger Event; and
(iii) that Aurizon Network is considering resuming the whole or part of the Underutilised Access Rights for the Train Service Type.
(b) Aurizon Network must not give a Proposed Resumption Notice in respect of a Resumption Trigger Event for a Train Service Type specified in paragraph (a) of the definition of Resumption Trigger Event more than 40 Business Days after the end of the applicable four consecutive Quarters referred to in paragraph (a) of that definition.
Appears in 1 contract
Samples: Access Agreement