Reduction of Access Rights. (a) If, for any reason other than the occurrence of a Force Majeure Event or the failure of Aurizon Network to make the Access Rights available, at least eighty-five percent (85%) of the Train Services that are entitled to be operated for the End User are not operated over any four (4) consecutive Quarters, in accordance with the Train Service Description for that period, then Aurizon Network may within forty (40) Business Days, give the End User written notice (“Resumption Notice”):
(i) of that underutilisation;
(ii) that Aurizon Network is considering reducing the End User’s Access Rights from a nominated date (“Date of Resumption”) to the extent of that underutilisation; and
(iii) requesting the End User to demonstrate a sustained requirement for the Access Rights that have not been utilised.
(b) If a Resumption Notice is given to the End User and:
(i) the End User has not demonstrated to Aurizon Network’s reasonable satisfaction, within 21 days of receiving the Resumption Notice, a sustained requirement for the Access Rights that were not utilised; and
(ii) Aurizon Network is satisfied that it can demonstrate that it has a reasonable expectation of:
(A) a sustained alternative demand for the capacity used by the Access Rights in question; or
(B) receiving a commercial benefit sufficiently material to justify the resumption of the Access Rights in question, then:
(iii) Aurizon Network must notify the End User of whether Aurizon Network has decided to proceed with the resumption and, if Aurizon Network has decided to proceed, whether Aurizon Network has decided to reduce the level of the resumption, or nominate a later date for the Date of Resumption, from that given in the Resumption Notice; and
(iv) if Aurizon Network has decided to proceed with the resumption, the End User’s entitlement to operate Train Services (through an Operator) shall be reduced to the level specified in the Resumption Notice with effect on and from the Date of Resumption (except to the extent that those matters have been varied in accordance with Clause 4.1(b)(iii)). Aurizon Network shall reduce the rights of any Operator to operate Train Services utilising the Access Rights under a Train Operations Agreement accordingly, provided that to the extent the End User has nominated multiple Operators:
(A) if the End User has given Aurizon Network written notice of the allocation of that reduction between its nominated Operators at least 7 days prior to the Date of Resumption, Aurizon ...
Reduction of Access Rights. (a) If:
(i) during any twelve (12) consecutive weeks during the Term, the Operator fails, for any reason other than due to a Force Majeure Event or the failure of QR to make the Access Rights available, to operate all the Nominated Weekly Train Services for seven (7) or more (not necessarily consecutive) weeks; and
(ii) QR is satisfied that it can demonstrate that it has:
(A) a reasonable expectation of a sustained alternative demand for that part of the Access Rights that have not been utilised: or
(B) a reasonable expectation of a commercial benefit for the provision of and management of the Infrastructure sufficiently material to justify the resumption of that part of the Access Rights that have not been utilised; then QR may, within sixty (60) days of the last day of the relevant twelve
Reduction of Access Rights where insufficient capacity created
(a) Notwithstanding any other provision in this Agreement, if Aurizon Network grants access rights (“Conditional Access Rights”) to Railway Operators (including the Access Rights to the End User under this Agreement) (“Conditional Access Holders”) that are conditional on the completion of particular Enhancements, then:
(i) after the commissioning of the last of the relevant Enhancements, Aurizon Network will, subject to Clause 4.5(b), undertake an assessment of the change in Existing Capacity arising as a result of those Enhancements (“Change in Existing Capacity”) where Change in Existing Capacity is measured as the Existing Capacity at that time, less the Existing Capacity of the system in the absence of the Enhancement, using consist Supply Chain Operating Assumptions;
(ii) the assessment must be done expeditiously with an evaluation period of no more than six months following commissioning;
(iii) if that assessment indicates that the Change in Existing Capacity is not due to an Enhancement, then Conditional Access Rights will not be reduced;
(iv) if the Change in Existing Capacity is due to an Enhancement but:
(A) that assessment indicates that the Change in Existing Capacity is less than the Planned Capacity for those Enhancements at the time when the Conditional Access Rights were granted; and
(B) that Change in Existing Capacity is not sufficient to provide all of the Conditional Access Rights to all of the Conditional Access Holders and rectify any existing deficit of Available Capacity to Committed Capacity in respect of the relevant Infrastructure, then:
(C) the Conditional Access Rights of the End User will be reduced on a pro rated basis, to a proportion of the Capacity that is:
(1) the Change in Existing Capacity;
(2) less the Capacity required to be provided to existing non-conditional Access Holders to rectify any existing deficit of Available Capacity to Committed Capacity in respect of the relevant Infrastructure; and
(3) by reference to the proportion that those Conditional Access Rights bear to the aggregate of the Conditional Access Rights for all of the Conditional Access Holders;
(D) Aurizon Network will notify the End User:
(1) of the assessment that has been undertaken; and
(2) of the reduction in its Conditional Access Rights (“Access Rights Reduction”) and the basis of that calculation; and
(3) that each of the Conditional Access Holders together will be placed in a queue (or returned to the que...
Reduction of Access Rights. Deleted: Aurizon Network
(a) If, for any reason other than the occurrence of a Force Majeure Event or the failure of Queensland Rail to make the Access Rights available, at least eighty-five percent (85%) of the Train Services that are entitled to be operated for the End User are not operated over any four
Reduction of Access Rights. (a) If the Operator, for any reason other than the occurrence of a Force Majeure Event or the failure of Queensland Rail to make the Access Rights available, does not operate, over any four (4) consecutive Quarters, at least eighty-five percent (85%) of the Train Services allowed under its Train Service Description for that period, then Queensland Rail may within forty (40) Business Days, give the Operator written notice (“Resumption Notice”) of: (i) that underutilisation;
