Common use of Response Notice and Variation Request Notice Clause in Contracts

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 Request Notice in respect of the Train Service Type unless, at the same time, each Operator which operates Train Services in respect of that Train Service Type also gives Aurizon Network an Authorisation Request Notice (as defined in that Operator’s Train Operations Agreement) in respect of a proposed Rollingstock Configuration which has a maximum Payload which is the same as the proposed increased Maximum Payload.

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 will consider (Response Notice) specifying: (iacting reasonably) whether or not the proposed increased Proposed Maximum Payload for the Train Service Type specified in the Notice of Enquiry can be accommodated; andaccommodated (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:‌ (ii) if so: (Ai) the Revised Nominal Payload for that Train Service Type (calculated as the amount (rounded Access Holder demonstrates to the nearest whole tonnesatisfaction of Aurizon Network (acting reasonably) which that it holds, or has the benefit of, or is 98% of reasonably likely to hold, or have the Maximum Payload benefit of, Supply Chain Rights for Train Services operated using the proposed Rollingstock Configuration for the Train Service Type specified in the Notice of EnquiryEnquiry 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 Revised Nominated Monthly Train Services for that Train Service Type (calculated in accordance with clause 8.5 as if the Revised Nominal Payload for Existing Capacity allocated to the Train Service Type for under this Agreement but there is sufficient Available Capacity to accommodate the purpose of additional Capacity that calculation is the Revised Nominal Payload calculated in accordance with clause 9.2(a)(ii)(A));will be utilised; and‌ (Ciii) Aurizon Network determines (acting reasonably) that the difference between the Nominated Monthly operation of 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 utilising the proposed increased Maximum Payload for a Train Service Type Rollingstock Configuration specified in the Notice of Enquiry can or the utilisation of additional Capacity (if clause 10.2(a)(ii)(B) applies) will not be accommodated, the End User may give likely to cause 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 be unable to comply with effect on a date specified in the notice (which date must not be earlier, its obligations under any other access agreement or more than six months later, than the date specified in the relevant Response Notice in accordance train operations deed or 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 Rightsapplicable Rollingstock Interface Standards. (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 Request Notice in respect of the Train Service Type unless, at the same time, each Operator which operates Train Services in respect of that Train Service Type also gives Aurizon Network an Authorisation Request Notice (as defined in that Operator’s Train Operations Agreement) in respect of a proposed Rollingstock Configuration which has a maximum Payload which is the same as the proposed increased Maximum Payload.

Response Notice and Variation Request Notice. (a) Within 20 Business Days after the End User Operator gives Aurizon Network a Notice of Enquiry in respect of a Train Service Type, Aurizon Network must give the End User Operator 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 10.4 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)(A11.2(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 13 in respect of the relinquishment of the Surplus Access Rights by the End UserOperator; 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 Operator 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 Operator may give Aurizon Network a notice (Variation Request Notice) which: (i) which 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)(E11.2(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 Operator must not give Aurizon Network a Variation Request Notice in respect of the Train Service Type unless, at the same time, each the Operator which operates Train Services in respect of that Train Service Type also gives Aurizon Network an Authorisation Request Notice (as defined in that Operator’s Train Operations Agreement) in respect of a proposed Rollingstock Configuration which has a maximum Payload which is the same as the proposed increased Maximum Payload.

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 10.4 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)(A11.2(a)(ii)(A));; and (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 13 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) which 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)(E11.2(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 Request Notice in respect of the Train Service Type unless, at the same time, each Operator which operates Train Services in respect of that Train Service Type the End User also gives Aurizon Network an Authorisation Request Notice (as defined in that Operator’s Train Operations Agreement) in respect of a proposed Rollingstock Configuration which has a maximum Payload which is the same as the proposed increased Maximum Payload.

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 (iii) Aurizon Network determines (acting reasonably) that the operation of Train Services utilising the proposed Rollingstock Configuration specified in the Notice of Enquiry or the utilisation of additional Capacity (if clause 10.2(a)(ii)(B) applies) will not be likely to cause Aurizon Network to be unable to comply with its obligations under any other access agreement or train operations deed or with applicable Rollingstock Interface Standards. (b) Within 20 Business Days after the End User Access Holder gives Aurizon Network a Notice of Enquiry in respect of a Train Service Type, Aurizon Network must give the End User Access Holder a notice (Response Notice) specifying: (i) whether or not the proposed increased Proposed Maximum Payload for the Train Service Type specified in the Notice of Enquiry can be accommodatedaccommodated in accordance with clause 10.2(a) (including its reasons for that decision); 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 13.1); (B) if the Revised Nominal Payload Access Holder elected in the Notice of Enquiry to relinquish the Surplus Access Rights 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));Type: (C1) 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 (calculated in accordance with clause 13.2); and (2) the SAR Relinquishment Fee for the Surplus Access RightsRights for the Train Service Type (calculated in accordance with clause 13.5); (C) the Surplus Access Rights for the Train Service Type (calculated in accordance with clause 13.3); (D) if the Relinquishment Fee that would be payable under clause 11 Access Holder elected in respect the Notice of the relinquishment of Enquiry to maintain the Surplus Access Rights by for the End UserTrain Service Type, the Revised Indicative Tonnage (calculated in accordance with clause 13.3); and (E) Aurizon Network’s estimate (acting reasonably) of 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 Request Notice in respect of the Train Service Type unless, at the same time, each Operator which operates Train Services in respect of that Train Service Type also gives Aurizon Network an Authorisation Request Notice (as defined in that Operator’s Train Operations Agreement) in respect of a proposed Rollingstock Configuration which has a maximum Payload which is the same as the proposed increased Maximum Payload.

Response Notice and Variation Request Notice. (a) Within 20 Business Days after the End User Access Holder gives Aurizon Network a Notice of Enquiry in respect of a Train Service Type, Aurizon Network must give the End User Access Holder 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 10.5 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)(A11.2(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 Fee] that would be payable under the Relinquishment Provisions which form part of this Agreement under clause 11 Error! Reference source not found. in respect of the relinquishment of the Surplus Access Rights by the End UserAccess Holder; and and [Drafting note: Aurizon Network and the QRC are working through a mechanism to avoid socialisation of costs among other system users. In its initial form, this mechanism contemplates that where Train Paths are relinquished under these provisions, the Access Holder will pay a fee equal to the AT2 component of access charges that would have been payable in relation to the Train Paths that have been relinquished. Once the mechanism has been fully worked through, Aurizon Network will provide drafting in relation to the appropriate fee that will be payable.] (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 Access Holder 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 Access Holder 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)(E11.2(a)(ii)(E)); and (ii) sets out the details of any changes to the nominations previously given under clause 3.3 4.3 or 3.4 Error! Reference source not found. 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 Access Holder must not give Aurizon Network a Variation Request Notice in respect of the Train Service Type unless, at the same time, each Operator which operates Train Services in respect of that Train Service Type also gives Aurizon Network an Authorisation Request Notice (as defined in that Operator’s Train Operations AgreementDeed) in respect of a proposed Rollingstock Configuration which has a maximum Payload which is the same as the proposed increased Maximum Payload.

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 will consider (Response Notice) specifying: (iacting reasonably) whether or not the proposed increased Proposed Maximum Payload for the Train Service Type specified in the Notice of Enquiry can be accommodated; andaccommodated (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:‌ (ii) if so: (Ai) the Revised Nominal Payload for that Train Service Type (calculated as the amount (rounded Access Holder demonstrates to the nearest whole tonnesatisfaction of Aurizon Network (acting reasonably) which that it holds, or has the benefit of, or is 98% of reasonably likely to hold, or have the Maximum Payload benefit of, Supply Chain Rights for Train Services operated using the proposed Rollingstock‌ Configuration for the Train Service Type specified in the Notice of EnquiryEnquiry 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 Revised Nominated Monthly Train Services for that Train Service Type (calculated in accordance with clause 8.5 as if the Revised Nominal Payload for Existing Capacity allocated to the Train Service Type for under this Agreement but there is sufficient Available Capacity to accommodate the purpose of additional Capacity that calculation is the Revised Nominal Payload calculated in accordance with clause 9.2(a)(ii)(A));will be utilised; and‌ (Ciii) Aurizon Network determines (acting reasonably) that the difference between the Nominated Monthly operation of 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 utilising the proposed increased Maximum Payload for a Train Service Type Rollingstock Configuration specified in the Notice of Enquiry can or the utilisation of additional Capacity (if clause 10.2(a)(ii)(B) applies) will not be accommodated, the End User may give likely to cause 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 be unable to comply with effect on a date specified in the notice (which date must not be earlier, its obligations under any other access agreement or more than six months later, than the date specified in the relevant Response Notice in accordance train operations deed or 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 Rightsapplicable Rollingstock Interface Standards. (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 Request Notice in respect of the Train Service Type unless, at the same time, each Operator which operates Train Services in respect of that Train Service Type also gives Aurizon Network an Authorisation Request Notice (as defined in that Operator’s Train Operations Agreement) in respect of a proposed Rollingstock Configuration which has a maximum Payload which is the same as the proposed increased Maximum Payload.

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 (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 (iii) Aurizon Network determines (acting reasonably) that the operation of Train Services utilising the proposed Rollingstock Configuration specified in the Notice of Enquiry or the utilisation of additional Capacity (if clause 10.2(a)(ii)(B) applies) will not be likely to cause Aurizon Network to be unable to comply with its obligations under any other access agreement or train operations deed or with applicable Rollingstock Interface Standards. (b) Within 20 Business Days after the End User Access Holder gives Aurizon Network a Notice of Enquiry in respect of a Train Service Type, Aurizon Network must give the End User Access Holder a notice (Response Notice) specifying: (i) whether or not the proposed increased Proposed Maximum Payload for the Train Service Type specified in the Notice of Enquiry can be accommodatedaccommodated in accordance with clause 10.2(a) (including its reasons for that decision); 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 13.1); (B) if the Revised Nominal Payload Access Holder elected in the Notice of Enquiry to relinquish the Surplus Access Rights 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));Type: (C1) 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 (calculated in accordance with clause 13.2); and (2) the SAR Relinquishment Fee for the Surplus Access RightsRights for the Train Service Type (calculated in accordance with clause 13.5); (C) the Surplus Access Rights for the Train Service Type (calculated in accordance with clause 13.3); (D) if the Relinquishment Fee that would be payable under clause 11 Access Holder elected in respect the Notice of the relinquishment of Enquiry to maintain the Surplus Access Rights by for the End UserTrain Service Type, the Revised Indicative Tonnage (calculated in accordance with clause 13.3); and (E) Aurizon Network’s estimate (acting reasonably) of the earliest date on which the increase in the Maximum Payload for the Train Service Type could take effect. (bc) Within 20 Business Days after Aurizon Network gives the End User Access Holder a Response Notice that specifies that the proposed increased Proposed Maximum Payload for a Train Service Type specified in the relevant Notice of Enquiry can be accommodated, the End User Access Holder 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 Proposed Maximum Payload specified in the relevant Notice of Enquiry with effect on and from a date specified in the notice Variation Request Notice (which date must not be earlier, or more than six three months later, than the date specified in the relevant Response Notice in accordance with clause 9.2(a)(ii)(E10.2(b)(ii)(E)); and (ii) sets out the details of any changes to the nominations previously given under clause 3.3 4.3 or 3.4 clause 4.5 to take into account effect from the relinquishment of the Surplus Access RightsVariation Effective Date. (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 Request Notice in respect of the Train Service Type unless, at the same time, each Operator which operates Train Services in respect of that Train Service Type also gives Aurizon Network an Authorisation Request Notice (as defined in that Operator’s Train Operations Agreement) in respect of a proposed Rollingstock Configuration which has a maximum Payload which is the same as the proposed increased Maximum Payload.

Response Notice and Variation Request Notice. (a) Within 20 Business Days after the End User Access Holder gives Aurizon Network a Notice of Enquiry in respect of a Train Service Type, Aurizon Network must give the End User Access Holder 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 10.5 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)(A11.2(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 Fee] that would be payable under the Relinquishment Provisions which form part of this Agreement under clause 11 3 in respect of the relinquishment of the Surplus Access Rights by the End UserAccess Holder; andand [Drafting note: Aurizon Network and the QRC are working through a mechanism to avoid socialisation of costs among other system users. In its initial form, this mechanism contemplates that where Train Paths are relinquished under these provisions, the Access Holder will pay a fee equal to the AT2 component of access charges that would have been payable in relation to the Train Paths that have been relinquished. Once the mechanism has been fully worked through, Aurizon Network will provide drafting in relation to the appropriate fee that will be payable.] (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 Access Holder 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 Access Holder 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)(E11.2(a)(ii)(E)); and (ii) sets out the details of any changes to the nominations previously given under clause 3.3 4.3 or 3.4 4.5 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 Access Holder must not give Aurizon Network a Variation Request Notice in respect of the Train Service Type unless, at the same time, each Operator which operates Train Services in respect of that Train Service Type also gives Aurizon Network an Authorisation Request Notice (as defined in that Operator’s Train Operations AgreementDeed) in respect of a proposed Rollingstock Configuration which has a maximum Payload which is the same as the proposed increased Maximum Payload.

Response Notice and Variation Request Notice. (a) Within 20 Business Days after the End User Access Holder gives Aurizon Network a Notice of Enquiry in respect of a Train Service Type, Aurizon Network must give the End User Access Holder 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 10.5 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)(A11.2(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 Fee] that would be payable under the Relinquishment Provisions which form part of this Agreement under clause 11 Error! Reference source not found. in respect of the relinquishment of the Surplus Access Rights by the End UserAccess Holder; 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 Access Holder 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 Access Holder 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)(E11.2(a)(ii)(E)); and (ii) sets out the details of any changes to the nominations previously given under clause 3.3 4.3 or 3.4 Error! Reference source not found. 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 Access Holder must not give Aurizon Network a Variation Request Notice in respect of the Train Service Type unless, at the same time, each Operator which operates Train Services in respect of that Train Service Type also gives Aurizon Network an Authorisation Request Notice (as defined in that Operator’s Train Operations AgreementDeed) in respect of a proposed Rollingstock Configuration which has a maximum Payload which is the same as the proposed increased Maximum Payload.