Common use of Requirement to provide Security for additional Train Service Type Clause in Contracts

Requirement to provide Security for additional Train Service Type. Without limiting clause 6.3, if: (a) at any time during the Term: (i) Schedule 2 is varied to include an additional Train Service Type; or (ii) the Train Description for an existing Train Service Type is varied; (b) at the time of the variation referred to in clause 6.4 (a) the Access Holder is required to provide Security under this clause 6; and (c) at the time of the variation referred to in clause 6.4 (a) the Security provided by the Access Holder to Aurizon Network under this clause 6 is for an amount which is less than the amount which will be the Security Amount on and from, as applicable: (i) the Train Service Commitment Date for that additional Train Service Type; or (ii) the date the variation to the Train Description for that existing Train Service Type takes effect, having regard to the additional Access Charges payable, in the future, for that Train Service Type, then the Access Holder must promptly (and in any event within 10 Business Days before the applicable date specified in clause 6.4(c)(i) or 6.4(c)(ii)) deliver to Aurizon Network: (iii) additional Security; or (iv) replacement Security, which satisfies the requirements of this clause 6 so that Security is provided and maintained for an aggregate amount of not less than the amount which will be the Security Amount on and from the applicable date specified in clause 6.4(c)(i) or 6.4(c)(ii) (having regard to the additional Access Charges payable, in the future, for that Train Service Type).

Appears in 4 contracts

Samples: Access Agreement, Access Agreement, Access Agreement

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Requirement to provide Security for additional Train Service Type. Without limiting clause 6.3, if: (a) at any time during the Term: (i) Schedule 2 is varied to include an additional Train Service Type; or (ii) the Train Description for an existing Train Service Type is varied; (b) at the time of the variation referred to in clause 6.4 (a) the Access Holder is required to provide Security under this clause 6; and (c) at the time of the variation referred to in clause 6.4 (a) the Security provided by the Access Holder to Aurizon Network under this clause 6 is for an amount which is less than the amount which will be the Security Amount on and from, as applicable: (i) the Train Service Commitment Date for that additional Train Service Type; or (ii) the date the variation to the Train Description for that existing Train Service Type takes effect, having regard to the additional Access Charges payable, in the future, for that Train Service Type, then the Access Holder must promptly (and in any event within 10 Business Days before the applicable date specified in clause 6.4(c)(i) or 6.4(c)(ii)) deliver to Aurizon Network: (iii) additional Security; or (iv) replacement Security, which satisfies the requirements of this clause 6 so that Security is provided and maintained for an aggregate amount of not less than the amount which will be the Security Amount on and from the applicable date specified in clause 6.4(c)(i) or 6.4(c)(ii) (having regard to the additional Access Charges payable, in the future, for that Train Service Type).,

Appears in 2 contracts

Samples: Access Agreement, Access Agreement

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Requirement to provide Security for additional Train Service Type. Without limiting clause 6.3, if: (a) at any time during the Term: (i) Schedule schedule 2 is varied to include an additional Train Service Type; or (ii) the Train Description for an existing Train Service Type is varied; (b) at the time of the variation referred to in clause 6.4 (a) the Access Holder is required to provide Security under this clause 6; and (c) at the time of the variation referred to in clause 6.4 (a) the Security provided by the Access Holder to Aurizon Network under this clause 6 is for an amount which is less than the amount which will be the Security Amount on and from, as applicable: (i) the Train Service Commitment Date for that additional Train Service Type; or (ii) the date the variation to the Train Description for that existing Train Service Type takes effect, having regard to the additional Access Charges payable, in the future, for that Train Service Type, then the Access Holder must promptly (and in any event within 10 Business Days before the applicable date specified in clause 6.4(c)(i) or 6.4(c)(ii)) deliver to Aurizon Network: (iiid) additional Security; or (ive) replacement Security, which satisfies the requirements of this clause 6 so that Security is provided and maintained for an aggregate amount of not less than the amount which will be the Security Amount on and from the applicable date specified in clause 6.4(c)(i) or 6.4(c)(ii) (having regard to the additional Access Charges payable, in the future, for that Train Service Type).

Appears in 1 contract

Samples: Access Agreement

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