Common use of Relinquishment subject to Relinquishment Fee Clause in Contracts

Relinquishment subject to Relinquishment Fee. (a) The relinquishment of any Nominated Access Rights in accordance with this clause 9 is conditional on the End User’s payment of the Relinquishment Fee to Aurizon Network. (b) Aurizon Network must: (i) calculate the Relinquishment Fee; and (ii) notify the End User of the amount of the Relinquishment Fee and how the Relinquishment Fee was calculated, at the following times: (iii) if the End User is considering relinquishing some or all of the Access Rights but has not given Aurizon Network a Notice of Intention to Relinquish in respect of those Access Rights, promptly following a request by the End User; and (iv) if the End User has given Aurizon Network a Notice of Intention to Relinquish, not less than five Business Days before the Relinquishment Date. (c) The End User must pay the Relinquishment Fee specified in a notice given under clause 9.2(b)(ii), or agreed or determined through the Dispute resolution process under clause 21, on or before the Relinquishment Date. (d) If the calculation of the Relinquishment Fee changes after Aurizon Network notifies the End User under clause 9.2(b) but before the End User seeks to pay the Relinquishment Fee, then: (i) Aurizon Network must advise the End User of the revised Relinquishment Fee and the circumstances giving rise to the change in the calculation; and (ii) the End User must pay the revised Relinquishment Fee (to the extent not already paid).

Relinquishment subject to Relinquishment Fee. (a) The relinquishment of any Nominated Access Rights in accordance with this clause 9 10 is conditional on the End User’s payment of the Relinquishment Fee to Aurizon Network. (b) Not less than five Business Days before the Relinquishment Date, Aurizon Network must: (i) calculate the Relinquishment Fee; and (ii) notify the End User of the amount of the Relinquishment Fee and how the Relinquishment Fee was calculated, at the following times: (iii) if the End User is considering relinquishing some or all of the Access Rights but has not given Aurizon Network a Notice of Intention to Relinquish in respect of those Access Rights, promptly following a request by the End User; and (iv) if the End User has given Aurizon Network a Notice of Intention to Relinquish, not less than five Business Days before the Relinquishment Date. (c) The End User must pay the Relinquishment Fee specified in a notice given under clause 9.2(b)(ii), or agreed or determined through the Dispute resolution process under clause 21, 10.2(b)(ii) on or before the Relinquishment Date. (d) If the calculation of the Relinquishment Fee changes after Aurizon Network notifies the End User under clause 9.2(b10.2(b) but before the End User seeks to pay the Relinquishment Fee, thenthen Aurizon Network: (i) Aurizon Network may refuse to accept that payment (and, if so, the Relinquishment Fee is deemed not to have been paid by the End User); and (ii) must advise the End User of the revised Relinquishment Fee and the circumstances giving rise to the change in the calculation; and (ii) the End User must pay the revised Relinquishment Fee (to the extent not already paid).

Relinquishment subject to Relinquishment Fee. (a) The relinquishment of any Nominated Access Rights in accordance with this clause 9 11 is conditional on the End User’s payment of the Relinquishment Fee to Aurizon Network. (b) Aurizon Network must: (i) calculate the Relinquishment Fee; and (ii) notify the End User of the amount of the Relinquishment Fee and how the Relinquishment Fee was calculated, at the following times: (iii) if the End User is considering relinquishing some or all of the Access Rights but has not given Aurizon Network a Notice of Intention to Relinquish in respect of those Access Rights, promptly following a request by the End User; and (iv) if the End User has given Aurizon Network a Notice of Intention to Relinquish, not less than five Business Days before the Relinquishment Date. (c) The End User must pay the Relinquishment Fee specified in a notice given under clause 9.2(b)(ii11.2(b)(ii), or agreed or determined through the Dispute resolution process under clause 2124, on or before the Relinquishment Date. (d) If the calculation of the Relinquishment Fee changes after Aurizon Network notifies the End User under clause 9.2(b11.2(b) but before the End User seeks to pay the Relinquishment Fee, then: (i) Aurizon Network must advise the End User of the revised Relinquishment Fee and the circumstances giving rise to the change in the calculation; and (ii) the End User must pay the revised Relinquishment Fee (to the extent not already paid).

Relinquishment subject to Relinquishment Fee. (a) The relinquishment of any Nominated Access Rights in accordance with this clause 9 12 is conditional on the End User’s payment of the Relinquishment Fee to Aurizon Network.. Deleted: Not less than five Business Days before the Relinquishment Date, (b) Aurizon Network must: (i) calculate the Relinquishment Fee; and (ii) notify the End User of the amount of the Relinquishment Fee and how the Relinquishment Fee was calculated, at the following times:, (iii) if promptly following a request by the End User where the End User is considering relinquishing some or all of the Access Rights but has not given Aurizon Network a Notice of Intention to Relinquish in respect of those Access Rights, promptly following a request by the End User; and (iv) if the End User has given Aurizon Network a Notice of Intention to Relinquish, not less than five Business Days before the Relinquishment Date. (c) The End User must pay the Relinquishment Fee specified in a notice given under clause 9.2(b)(ii), or agreed 12.2(b)(ii) or determined through the Dispute dispute resolution process under clause 21, on or before the Relinquishment Date.. Field Code Changed Deleted: may refuse to accept that payment (and, if so, the Relinquishment Fee is deemed not to have been paid by the End User); and Formatted: Indent: Left: 4.5 cm, No bullets or numbering (d) If the calculation of the Relinquishment Fee changes after Aurizon Network notifies the End User under clause 9.2(b12.2(b) but before the End User seeks to pay the Relinquishment Fee, thenthen Aurizon Network: (i) Aurizon Network must advise the End User of the revised Relinquishment Fee and the circumstances giving rise to the change in the calculation; and (ii) the End User must pay the revised Relinquishment Fee (to the extent not already paid). (e) Where Aurizon Network identifies an opportunity to enter into an Access Agreement with an existing or prospective Access Holder (other than the End User), Access Seeker or Accredited Railway Operator that would result in a lessening of the End User’s Relinquishment Fee (through a Transfer of Access Rights), Aurizon Network will notify the End User of that fact and will not unreasonably delay the process for negotiating and executing an Access Agreement with that person.

Relinquishment subject to Relinquishment Fee. (a) The relinquishment of any Nominated Access Rights in accordance with this clause 9 13 is conditional on the End UserOperator’s payment of the Relinquishment Fee to Aurizon Network. (b) Aurizon Network must: (i) calculate the Relinquishment Fee; and (ii) notify the End User Operator of the amount of the Relinquishment Fee and how the Relinquishment Fee was calculated, at the following times: (iii) if the End User Operator is considering relinquishing some or all of the Access Rights but has not given Aurizon Network a Notice of Intention to Relinquish in respect of those Access Rights, promptly following a request by the End UserOperator; and (iv) if the End User Operator has given Aurizon Network a Notice of Intention to Relinquish, not less than five Business Days before the Relinquishment Date. (c) The End User Operator must pay the Relinquishment Fee specified in a notice given under clause 9.2(b)(ii13.2(b)(ii), or agreed or determined through the Dispute resolution process under clause 2137, on or before the Relinquishment Date. (d) If the calculation of the Relinquishment Fee changes after Aurizon Network notifies the End User Operator under clause 9.2(b13.2(b) but before the End User Operator seeks to pay the Relinquishment Fee, then: (i) Aurizon Network must advise the End User Operator of the revised Relinquishment Fee and the circumstances giving rise to the change in the calculation; and (ii) the End User Operator must pay the revised Relinquishment Fee (to the extent not already paid).