Common use of Response to a Discretionary System Amendment Clause in Contracts

Response to a Discretionary System Amendment. (a) Within 20 Business Days after receiving an Amendment Notice which proposes a Discretionary System Amendment, the Operator must advise Aurizon Network whether: (i) irrespective of any financial arrangements agreed or determined under clause 18.4(c), the proposed amendments will materially impact the Operator’s operations to such an extent as to fundamentally frustrate the Operator’s operation of Train Services under this Agreement over a sustained period of time; and/or (ii) the Net Financial Effect on the Operator of the Discretionary System Amendment is equivalent to one percent or greater of the annual Access Charges. (b) If the Operator does not advise Aurizon Network as required under clause 18.2(a), the Discretionary System Amendment is deemed not to have any of the impacts referred to in clause 18.2(a)(i) or 18.2(a)(ii).

Response to a Discretionary System Amendment. (a) Within 20 Business Days (or such longer period as many be agreed between the Parties) after receiving an Amendment Notice which proposes a Discretionary System Amendment, the Operator must advise advisenotify Aurizon Network whether: (i) irrespective of any financial arrangements agreed or determined under clause 18.4(c), the proposed amendments will materially impact the Operator’s operations to such an extent as to fundamentally frustrate the Operator’s operation of Train Services under this Agreement over a sustained period of time; and/or (ii) the Net Financial Effect on the Operator of the Discretionary System Amendment is equivalent to one percent or greater of the annual Access Charges. (b) If the Operator does not advise advisenotify Aurizon Network as required under clause 18.2(a), the Discretionary System Amendment is deemed not to have any of the impacts referred to in clause 18.2(a)(i) or 18.2(a)(ii).

Response to a Discretionary System Amendment. (a) Within 20 Business Days after receiving an Amendment Notice which proposes a Discretionary System Amendment, the Operator must advise Aurizon Network whether: (i) irrespective of any financial arrangements agreed or determined under clause 18.4(c22.4(c), the proposed amendments will materially impact the Operator’s operations to such an extent as to fundamentally frustrate the Operator’s operation of Train Services under this Agreement over a sustained period of time; and/or (ii) the Net Financial Effect on the Operator of the Discretionary System Amendment is equivalent to one percent or greater of the annual Access Charges. (b) If the Operator does not advise Aurizon Network as required under clause 18.2(a22.2(a), the Discretionary System Amendment is deemed not to have any of the impacts referred to in clause 18.2(a)(i22.2(a)(i) or 18.2(a)(ii22.2(a)(ii).

Response to a Discretionary System Amendment. (a) Within 20 Business Days (or such longer period as many be agreed between the Parties) after receiving an Amendment Notice which proposes a Discretionary System Amendment, the Operator must advise notify Aurizon Network whether: (i) irrespective of any financial arrangements agreed or determined under clause 18.4(c), the proposed amendments will materially impact the Operator’s operations to such an extent as to fundamentally frustrate the Operator’s operation of Train Services under this Agreement over a sustained period of time; and/or (ii) the Net Financial Effect on the Operator of the Discretionary System Amendment is equivalent to one percent or greater of the annual Access Charges. (b) If the Operator does not advise notify Aurizon Network as required under clause 18.2(a), the Discretionary System Amendment is deemed not to have any of the impacts referred to in clause 18.2(a)(i) or 18.2(a)(ii).