Common use of Provision of Rail Study Report Clause in Contracts

Provision of Rail Study Report. (a) Subject to clause 7.4(c), Aurizon Network must: (i) notify All Study Funders of completion of the Rail Study within 2 Business Days after the Completion Date (Completion Notice); and (ii) prepare, and deliver to the Study Funder a copy of, the Rail Study Report, within 20 Business Days after the date of the Completion Notice. (b) The Rail Study Report delivered to the Study Funder under clause 7.4(a) must include the information required for the relevant Rail Study in the Access Undertaking. (c) Aurizon Network may delete from the copy of the Rail Study Report which Aurizon Network is required to deliver to the Study Funder under clause 7.4(a) any information which, if disclosed to the Study Funder, would give rise to a breach of a contractual or other obligation (including an equitable obligation of confidence) by Aurizon Network. (d) The Study Funder may, within 20 Business Days after Aurizon Network delivers the Rail Study Report to the Study Funder under clause 7.4(a), give Aurizon Network a Dispute Notice which Disputes: (i) that the Rail Study Report complies with the requirements specified in clause 7.4(b); or (ii) the contents of the Rail Study Report, (or both) (Report Dispute). (e) If a Report Dispute is not resolved in accordance with clause 16.2, the Study Funder may refer the Dispute to an Expert to determine the Report Dispute. (f) If the Study Funder does not give Aurizon Network a Dispute Notice referred to in clause 7.4(d) within the time referred to in clause 7.4(d), then: (i) the Study Funder may not give Aurizon Network a Dispute Notice in respect of the Report Dispute; and (ii) any such Dispute Notice which is given by the Study Funder will be taken to be of no effect.

Provision of Rail Study Report. (a) Subject to clause 7.4(c7.5(c)7.4(c), Aurizon Network must: (i) notify All Study Funders of completion of the Rail Study within 2 Business Days after the Completion Date (Completion Notice); and (ii) will prepare, and deliver to the Study Funder a copy of, the Rail Study Report, within 20 Business Days after the date of the Completion Notice. (b) The Rail Study Report delivered to the Study Funder under clause 7.4(a7.5(a)7.4(a) must include comply with the information required for the relevant Rail Study requirements specified in the Access Undertakingitem 2 of schedule 3. (c) Aurizon Network may delete from the copy of the Rail Study Report which Aurizon Network is required to deliver to the Study Funder under clause 7.4(a7.5(a)7.4 (a) any information which, if disclosed to the Study Funder, would give rise to a breach of a contractual or other obligation (including an equitable obligation of confidence) by Aurizon NetworkNetworkdisclosure of Confidential Information. (d) The Study Funder may, within 20 Business Days after Aurizon Network delivers the Rail Study Report to the Study Funder under clause 7.4(a7.5(a)7.4(a), give Aurizon Network a Dispute Notice which Disputes: (i) Disputes that the Rail Study Report complies with the requirements specified in clause 7.4(b); or (ii) item 2 of schedule 3, or does not provide relevant information for the contents of Study Funder to confirm, acting reasonably, that the Rail Study Report, (or both) (Report Dispute)complies with the relevant requirements. (e) If a Report Dispute referred to in clause 7.5(d)7.4(d) is not resolved in accordance with clause 16.215.215.2, the Study Funder may refer the Dispute to an Expert to determine whether or not the Rail Study Report Disputecomplies with the requirements specified in item 2 of schedule 3. (f) If the Study Funder does not give Aurizon Network a Dispute Notice referred to in clause 7.4(d7.5(d)7.4(d) within the time referred to in clause 7.4(d7.5(d)7.4(d), then: (i) the Study Funder may must not give Aurizon Network a Dispute Notice Disputing that the Rail Study Report complies with the requirements specified in respect item 2 of the Report Disputeschedule 3; and (ii) any such Dispute Notice which is given by the Study Funder will be taken to be of no effect.

Provision of Rail Study Report. (a) Subject to clause 7.4(c), Aurizon Network must: (i) notify All Study Funders of completion of the Rail Study within 2 Business Days after the Completion Date (Completion Notice); and (ii) will prepare, and deliver to the Study Funder a copy of, the Rail Study Report, within 20 Business Days after the date of the Completion Notice. (b) The Rail Study Report delivered to the Study Funder under clause 7.4(a) must include comply with the information required for the relevant Rail Study requirements specified in the Access Undertaking.item 2 of (c) Aurizon Network may delete from the copy of the Rail Study Report which Aurizon Network is required to deliver to the Study Funder under clause 7.4(a) any information which, if disclosed to the Study Funder, would give rise to a breach of a contractual or other obligation (including an equitable obligation of confidence) by Aurizon Network. (d) The Study Funder may, within 20 Business Days after Aurizon Network delivers the Rail Study Report to the Study Funder under clause 7.4(a), give Aurizon Network a Dispute Notice which Disputes: (i) Disputes that the Rail Study Report complies with the requirements specified in clause 7.4(b); or (ii) the contents item 2 of the Rail Study Report, (or both) (Report Dispute)schedule 3. (e) If a Report Dispute referred to in clause 7.4(d) is not resolved in accordance with clause 16.215.2, the Study Funder may refer the Dispute to an Expert to determine whether or not the Rail Study Report Disputecomplies with the requirements specified in item 2 of schedule 3. (f) If the Study Funder does not give Aurizon Network a Dispute Notice referred to in clause 7.4(d) within the time referred to in clause 7.4(d), then: (i) the Study Funder may must not give Aurizon Network a Dispute Notice Disputing that the Rail Study Report complies with the requirements specified in respect item 2 of the Report Disputeschedule 3; and (ii) any such Dispute Notice which is given by the Study Funder will be taken to be of no effect.