Response Notice and Variation Request Notice. (a) Within 20 Business Days after the End User gives Aurizon Network a Notice of Enquiry in respect of a Train Service Type, Aurizon Network must give the End User a notice (Response Notice) specifying:
(i) whether or not the proposed increased Maximum Payload for the Train Service Type specified in the Notice of Enquiry can be accommodated; and
(ii) if so:
(A) the Revised Nominal Payload for that Train Service Type (calculated as the amount (rounded to the nearest whole tonne) which is 98% of the Maximum Payload for the Train Service Type specified in the Notice of Enquiry);
(B) the Revised Nominated Monthly Train Services for that Train Service Type (calculated in accordance with clause 8.5 as if the Revised Nominal Payload for the Train Service Type for the purpose of that calculation is the Revised Nominal Payload calculated in accordance with clause 9.2(a)(ii)(A));
(C) the difference between the Nominated Monthly Train Services for the Train Service Type and the Revised Nominated Monthly Train Services for the Train Service Type (Surplus Access Rights);
(D) the Relinquishment Fee that would be payable under clause 11 in respect of the relinquishment of the Surplus Access Rights by the End User; and
(E) the earliest date on which the increase in the Maximum Payload for the Train Service Type could take effect.
(b) Within 20 Business Days after Aurizon Network gives the End User a Response Notice that specifies that the proposed increased Maximum Payload for a Train Service Type specified in the Notice of Enquiry can be accommodated, the End User may give Aurizon Network a notice (Variation Request Notice) which:
(i) requests that Aurizon Network increase the Maximum Payload for the Train Service Type to the proposed increased Maximum Payload specified in the Notice of Enquiry with effect on a date specified in the notice (which date must not be earlier, or more than six months later, than the date specified in the relevant Response Notice in accordance with clause 9.2(a)(ii)(E)); and
(ii) sets out the details of any changes to the nominations previously given under clause 3.3 or 3.4 to take into account the relinquishment of the Surplus Access Rights.
(c) If the proposed increased Maximum Payload for a Train Service Type specified in a Notice of Enquiry exceeds the maximum Payload of the Authorised Rollingstock Configuration for the Train Service Type which has the greatest maximum Payload, then the End User must not give Aurizon Network a Variation Re...
Response Notice and Variation Request Notice. (a) Aurizon Network will consider (acting reasonably) whether or not the Proposed Maximum Payload for the Train Service Type specified in the Notice of Enquiry can be accommodated (having regard to whether the Access Holder elected in the Notice of Enquiry to relinquish or maintain the Surplus Access Rights for the Train Service Type), which will be taken to be the case if:
(i) the Access Holder demonstrates to the satisfaction of Aurizon Network (acting reasonably) that it holds, or has the benefit of, or is reasonably likely to hold, or have the benefit of, Supply Chain Rights for Train Services operated using the proposed Rollingstock Configuration for the Train Service Type specified in the Notice of Enquiry on and from the Variation Effective Date; and
(ii) Aurizon Network determines (acting reasonably), through a capacity assessment, that the increase to the Proposed Maximum Payload, and the operation of Train Services utilising the proposed Rollingstock Configuration, for the Train Service Type:
(A) will not utilise more Capacity than the Existing Capacity allocated to the Train Service Type under this Agreement; or
(B) will utilise more Capacity than the Existing Capacity allocated to the Train Service Type under this Agreement but there is sufficient Available Capacity to accommodate the additional Capacity that will be utilised; and
