Common use of Request for increased Maximum Payload Clause in Contracts

Request for increased Maximum Payload. (a) At any time during the Term, the Operator may give Aurizon Network a notice requesting that Aurizon Network consider increasing the Maximum Payload for a Train Service Type (Notice of Enquiry). (b) A Notice of Enquiry must specify: (i) subject to clause 11.1(c), the proposed increased Maximum Payload for the relevant Train Service Type; (ii) the date on which the Operator proposes that the proposed increased Maximum Payload for that Train Service Type take effect; and (iii) if clause 11.2(c) would apply to the giving of a Variation Request Notice, details of the proposed Rollingstock Configuration for the Train Service Type (including the maximum Payload of the proposed Rollingstock Configuration). (c) The proposed increased Maximum Payload for a Train Service Type specified in a Notice of Enquiry must not exceed: (i) the maximum Payload of the Authorised Rollingstock Configuration for the Train Service Type which has the greatest maximum Payload; or (ii) if the Maximum Payload for the Train Service Type exceeds the maximum Payload of the Authorised Rollingstock Configuration for the Train Service Type which has the greatest maximum Payload, the maximum Payload of the proposed Rollingstock Configuration for the Train Service Type specified in the Notice of Enquiry.

Request for increased Maximum Payload. (a) At any time during the Term, the Operator End User may give Aurizon Network a notice requesting that Aurizon Network consider increasing the Maximum Payload for a Train Service Type (Notice of Enquiry). (b) A Notice of Enquiry must specify: (i) subject to clause 11.1(c), the proposed increased Maximum Payload for the relevant Train Service Type; (ii) the date on which the Operator End User proposes that the proposed increased Maximum Payload for that Train Service Type take effect; and (iii) if clause 11.2(c) would apply to the giving of a Variation Request Notice, details of the proposed Rollingstock Configuration for the Train Service Type (including the maximum Payload of the proposed Rollingstock Configuration). (c) The proposed increased Maximum Payload for a Train Service Type specified in a Notice of Enquiry must not exceed: (i) the maximum Payload of the Authorised Rollingstock Configuration for the Train Service Type which has the greatest maximum Payload; or (ii) if the Maximum Payload for the Train Service Type exceeds the maximum Payload of the Authorised Rollingstock Configuration for the Train Service Type which has the greatest maximum Payload, the maximum Payload of the proposed Rollingstock Configuration for the Train Service Type specified in the Notice of Enquiry.

Request for increased Maximum Payload. (a) At any time during the Term, the Access Holder may, with the consent of each relevant Customer of the Access Holder (if any) or the consent of each relevant Operator may where the Access Holder is not also the Operator, give Aurizon Network a notice requesting that Aurizon Network consider increasing the Maximum Payload for a Train Service Type (Notice of Enquiry). (b) A Notice of Enquiry must specifymust: (i) subject to clause 11.1(c), specify the proposed increased Maximum Payload for the relevant Train Service TypeType (Proposed Maximum Payload); (ii) specify the date on which the Operator Access Holder proposes that the proposed increased Proposed Maximum Payload for that Train Service Type take takes effect; and; (iii) if clause 11.2(cspecify whether the Access Holder elects to relinquish or maintain the Surplus Access Rights for the Train Service Type; (iv) would apply to specify the giving of a Variation Request Notice, details of the proposed Rollingstock Configuration for the Train Service Type (including the maximum Payload of the proposed Rollingstock ConfigurationConfiguration which must not be less than the Proposed Maximum Payload).; (cv) The proposed increased Maximum Payload for a be accompanied by an ‘Authorisation Request Notice’ (as defined in the relevant Operator’s Train Service Type specified Operations Deed) in a Notice of Enquiry must not exceed: (i) the maximum Payload of the Authorised Rollingstock Configuration for the Train Service Type which has the greatest maximum Payload; or (ii) if the Maximum Payload for the Train Service Type exceeds the maximum Payload of the Authorised Rollingstock Configuration for the Train Service Type which has the greatest maximum Payload, the maximum Payload respect of the proposed Rollingstock Configuration for the from each Operator: (A) which operates Train Services in respect of that Train Service Type specified Type; and (B) in respect of which it is proposed to increase the Notice Maximum Payload for that Train Service Type; and (vi) include the written consent of: (A) each relevant Customer of Enquirythe Access Holder (if any); or (B) each relevant Operator where the Access Holder is not also the Operator.

Request for increased Maximum Payload. (a) At any time during the Term, the Operator End User may give Aurizon Network a notice requesting that Aurizon Network consider increasing the Maximum Payload for a Train Service Type (Notice of Enquiry). (b) A Notice of Enquiry must specify: (i) subject to clause 11.1(c9.1(c), the proposed increased Maximum Payload for the relevant Train Service Type; (ii) the date on which the Operator End User proposes that the proposed increased Maximum Payload for that Train Service Type take effect; and (iii) if clause 11.2(c9.2(c) would apply to the giving of a Variation Request Notice, details of the proposed Rollingstock Configuration for the Train Service Type (including the maximum Payload of the proposed Rollingstock Configuration). (c) The proposed increased Maximum Payload for a Train Service Type specified in a Notice of Enquiry must not exceed: (i) the maximum Payload of the Authorised Rollingstock Configuration for the Train Service Type which has the greatest maximum Payload; or (ii) if the Maximum Payload for the Train Service Type exceeds the maximum Payload of the Authorised Rollingstock Configuration for the Train Service Type which has the greatest maximum Payload, the maximum Payload of the proposed Rollingstock Configuration for the Train Service Type specified in the Notice of Enquiry.

Request for increased Maximum Payload. (a) At any time during the Term, the Operator Access Holder may give Aurizon Network a notice requesting that Aurizon Network consider increasing the Maximum Payload for a Train Service Type (Notice of Enquiry). (b) A Notice of Enquiry must specify: (i) subject to clause 11.1(c), the proposed increased Maximum Payload for the relevant Train Service Type; (ii) the date on which the Operator Access Holder proposes that the proposed increased Maximum Payload for that Train Service Type take takes effect; and (iii) if clause 11.2(c) would apply to the giving of a Variation Request Notice, details of the proposed Rollingstock Configuration for the Train Service Type (including the maximum Payload of the proposed Rollingstock Configuration). (c) The proposed increased Maximum Payload for a Train Service Type specified in a Notice of Enquiry must not exceed: (i) the maximum Payload of the Authorised Rollingstock Configuration for the Train Service Type which has the greatest maximum Payload; or (ii) if the Maximum Payload for the Train Service Type exceeds the maximum Payload of the Authorised Rollingstock Configuration for the Train Service Type which has the greatest maximum Payload, the maximum Payload of the proposed Rollingstock Configuration for the Train Service Type specified in the Notice of Enquiry.

Request for increased Maximum Payload. ‌ (a) At any time during the Term, the Access Holder may, with the consent of each relevant Customer of the Access Holder (if any) or the consent of each relevant Operator may where the Access Holder is not also the Operator, give Aurizon Network a notice requesting that Aurizon Network consider increasing the Maximum Payload for a Train Service Type (Notice of Enquiry).Enquiry).‌ (b) A Notice of Enquiry must specifymust: (i) subject to clause 11.1(c), specify the proposed increased Maximum Payload for the relevant Train Service Type;Type (Proposed Maximum Payload);‌ (ii) specify the date on which the Operator Access Holder proposes that the proposed increased Proposed Maximum Payload for that Train Service Type take takes effect; and; (iii) if clause 11.2(cspecify whether the Access Holder elects to relinquish or maintain the Surplus Access Rights for the Train Service Type; (iv) would apply to specify the giving of a Variation Request Notice, details of the proposed Rollingstock Configuration for the Train Service Type (including the maximum Payload of the proposed Rollingstock ConfigurationConfiguration which must not be less than the Proposed Maximum Payload).; (cv) The proposed increased Maximum Payload for a be accompanied by an ‘Authorisation Request Notice’ (as defined in the relevant Operator’s Train Service Type specified Operations Deed) in a Notice of Enquiry must not exceed: (i) the maximum Payload of the Authorised Rollingstock Configuration for the Train Service Type which has the greatest maximum Payload; or (ii) if the Maximum Payload for the Train Service Type exceeds the maximum Payload of the Authorised Rollingstock Configuration for the Train Service Type which has the greatest maximum Payload, the maximum Payload respect of the proposed Rollingstock Configuration for the from each Operator: (A) which operates Train Services in respect of that Train Service Type specified Type; and (B) in respect of which it is proposed to increase the Notice Maximum Payload for that Train Service Type; and (vi) include the written consent of: (A) each relevant Customer of Enquirythe Access Holder (if any); or (B) each relevant Operator where the Access Holder is not also the Operator.