Common use of Resumption Notice Clause in Contracts

Resumption Notice. (a) If Aurizon Network has a reasonable expectation of: (i) a sustained alternative demand for the whole or part (as applicable) of the Resumable Access Rights for the Train Service Type; or (ii) receiving a commercial benefit which Aurizon Network considers is sufficiently material to justify the resumption of the whole or part (as applicable) of the Resumable Access Rights for the Train Service Type, then Aurizon Network may, subject to clause 6.4(b), by notice to the End User (Resumption Notice), resume that part of the Resumable Access Rights for the Train Service Type in respect of which Aurizon Network has a reasonable expectation of a sustained alternative demand or receiving a commercial benefit (as applicable) (Resumed Access Rights). (b) A Resumption Notice must: (i) not be given more than 20 Business Days after the end of the Proposed Resumption Response Period (and any Resumption Notice given after the end of that period will be of no effect); and (ii) specify: (A) full details of the Resumed Access Rights for the Train Service Type; and (B) the date on which the resumption will take effect (which must be at least 10 Business Days after the Resumption Notice is given to the End User) (Resumption Date). (c) If a Resumption Notice is given under this clause 6.4, the Resumed Access Rights for the Train Service Type will, subject to clause 6.5 and clause 6.6, cease to form part of the Access Rights for the Train Service Type on and from the Resumption Date ([including for the purpose of the calculation of Access Charges] other than for the purpose of calculating any TOP Charges that are payable as a result of the non-utilisation of any of the Resumed Access Rights prior to the Resumption Date). [Square bracketed text to be deleted where the End User is only paying TOP Charges]

Resumption Notice. (a) If: (i) the End User: (A) does not give Aurizon Network a notice under clause 8.4 within the Proposed Resumption Response Period; or (B) gives Aurizon Network a notice under clause 8.4 within the Proposed Resumption Response Period but does not demonstrate to Aurizon Network’s reasonable satisfaction that the End User and the Operator have both the ability and need to utilise the whole of the Underutilised Access Rights for the Train Service Type for the operation of Train Services for the Train Service Type; and (ii) If Aurizon Network has a reasonable expectation of: (i) (A) a sustained alternative demand for the whole or part (as applicable) of the Resumable Access Rights for the Train Service Type; or (ii) (B) receiving a commercial benefit which Aurizon Network considers is sufficiently material to justify the resumption of the whole or part (as applicable) of the Resumable Access Rights for the Train Service Type, then then, within 30 Business Days after the end of the Proposed Resumption Response Period, Aurizon Network may, subject to clause 6.4(b8.4(b), by notice to the End User (Resumption Notice), resume that part of the Resumable Access Rights for the Train Service Type in respect of which Aurizon Network has a reasonable expectation of a sustained alternative demand or receiving a commercial benefit (as applicable) (Resumed Access Rights). (b) A Resumption Notice mustmust specify: (i) not be given more than 20 Business Days after the end of the Proposed Resumption Response Period (and any Resumption Notice given after the end of that period will be of no effect); and (ii) specify: (Ai) full details of the Resumed Access Rights for the Train Service Type; and (B) (ii) the date on which the resumption will take effect (which must be at least 10 Business Days after the Resumption Notice is given to the End User) (Resumption Date). (c) If OnIf a Resumption Notice is beingis given under this clause 6.48.5,8.4, the Resumed Access Rights for the Train Service Type will, subject to clause 6.5 8.68.5 and clause 6.68.7,8.6, cease to form part of the Access Rights for the Train Service Type on and from the Resumption Date ([including for the purpose of the calculation of Access Charges] Charges other than for the purpose of calculating any TOP Charges that are payable as a result of the non-non- utilisation of any of the Resumed Access Rights prior to the Resumption Date). [Square bracketed text to be deleted where the End User is only paying TOP Charges].

Resumption Notice. (a) If If: (i) the End User: (A) does not give Aurizon Network a notice under clause 6.4 within the Proposed Resumption Response Period; or (B) gives Aurizon Network a notice under clause 6.4 within the Proposed Resumption Response Period but does not demonstrate to Aurizon Network’s reasonable satisfaction that it has both the need and the ability via the Operators to utilise the whole of the Underutilised Access Rights for the Train Service Type for the operation of Train Services for the Train Service Type; and (ii) Aurizon Network has a reasonable expectation of: (iA) a sustained alternative demand for the whole or part (as applicable) of the Resumable Access Rights for the Train Service Type; or (iiB) receiving a commercial benefit which Aurizon Network considers is sufficiently material to justify the resumption of the whole or part (as applicable) of the Resumable Access Rights for the Train Service Type, then then, within 30 Business Days after the end of the Proposed Resumption Response Period, Aurizon Network may, subject to clause 6.4(b), by notice to the End User (Resumption Notice), resume that part of the Resumable Access Rights for the Train Service Type in respect of which Aurizon Network has a reasonable expectation of a sustained alternative demand or receiving a commercial benefit (as applicable) (Resumed Access Rights). (b) A Resumption Notice mustmust specify: (i) not be given more than 20 Business Days after the end of the Proposed Resumption Response Period (and any Resumption Notice given after the end of that period will be of no effect); and (ii) specify: (A) full details of the Resumed Access Rights for the Train Service Type; and (Bii) the date on which the resumption will take effect (which must be at least 10 Business Days after the Resumption Notice is given to the End User) (Resumption Date). (c) If On a Resumption Notice is being given under this clause 6.46.5, the Resumed Access Rights for the Train Service Type will, subject to clause 6.5 6.6 and clause 6.66.7, cease to form part of the Access Rights for the Train Service Type on and from the Resumption Date ([including for the purpose of the calculation of Access Charges] other than for the purpose of calculating any TOP Charges that are payable as a result of the non-utilisation of any of the Resumed Access Rights prior to the Resumption Date). [Square bracketed text to be deleted where the End User is only paying TOP Charges].

Resumption Notice. (a) If Aurizon Network has a reasonable expectation of:of:‌ (i) a sustained alternative demand for the whole or part (as applicable) of the Resumable Access Rights for the Train Service Type; or (ii) receiving a commercial benefit which Aurizon Network considers is sufficiently material to justify the resumption of the whole or part (as applicable) of the Resumable Access Rights for the Train Service Type, then Aurizon Network may, subject to clause 6.4(b8.4(b), by notice to the End User (Resumption Notice), resume that part of the Resumable Access Rights for the Train Service Type in respect of which Aurizon Network has a reasonable expectation of a sustained alternative demand or receiving a commercial benefit (as applicable) (Resumed Access Rights). (b) A Resumption Notice must: (i) not be given more than 20 Business Days after the end of the Proposed Resumption Response Period (and any Resumption Notice given after the end of that period will be of no effect); and (ii) specify: (A) full details of the Resumed Access Rights for the Train Service Type; and (B) the date on which the resumption will take effect (which must be at least 10 Business Days after the Resumption Notice is given to the End User) (Resumption Date). (c) If a Resumption Notice is given under this clause 6.48.4, the Resumed Access Rights for the Train Service Type will, subject to clause 6.5 8.5 and clause 6.68.6, cease to form part of the Access Rights for the Train Service Type on and from the Resumption Date ([including for the purpose of the calculation of Access Charges] Charges other than for the purpose of calculating any TOP Charges that are payable as a result of the non-utilisation of any of the Resumed Access Rights prior to the Resumption Date). [Square bracketed text to be deleted where the End User is only paying TOP Charges].

Resumption Notice. (a) If: (i) the End User: (A) does not give Aurizon Network a notice under clause 6.4 within the Proposed Resumption Response Period; or (B) gives Aurizon Network a notice under clause 6.4 within the Proposed Resumption Response Period but does not demonstrate to Aurizon Network’s reasonable satisfaction that it has both the need and the ability via the Operators to utilise the whole of the Underutilised Access Rights for the Train Service Type for the operation of Train Services for the Train Service Type; and (ii) If Aurizon Network has a reasonable expectation of: (i) (A) a sustained alternative demand for the whole or part (as applicable) of the Resumable Access Rights for the Train Service Type; or (ii) (B) receiving a commercial benefit which Aurizon Network considers is sufficiently material to justify the resumption of the whole or part (as applicable) of the Resumable Access Rights for the Train Service Type, then then, within 30 Business Days after the end of the Proposed Resumption Response Period, Aurizon Network may, subject to clause 6.4(b), by notice to the End User (Resumption Notice), resume that part of the Resumable Access Rights for the Train Service Type in respect of which Aurizon Network has a reasonable expectation of a sustained alternative demand or receiving a commercial benefit (as applicable) (Resumed Access Rights). (b) A Resumption Notice must: (i) not be given more than 20 Business Days after the end of the Proposed Resumption Response Period (and any Resumption Notice given after the end of that period will be of no effect); and (ii) specify: (A) (i) full details of the Resumed Access Rights for the Train Service Type; and (B) (ii) the date on which the resumption will take effect (which must be at least 10 Business Days after the Resumption Notice is given to the End User) (Resumption Date). (c) If OnIf a Resumption Notice is beingis given under this clause 6.46.5,6.4, the Resumed Access Rights for the Train Service Type will, subject to clause 6.5 and clause 6.6, cease to form part of the Access Rights for the Train Service Type on and from the Resumption Date ([including for the purpose of the calculation of Access Charges] other than for the purpose of calculating any TOP Charges that are payable as a result of the non-utilisation of any of the Resumed Access Rights prior to the Resumption Date). [Square bracketed text to be deleted where the End User is only paying TOP Charges]clause

Resumption Notice. (a) If Aurizon Network has a reasonable expectation of: (i) a sustained alternative demand for the whole or part (as applicable) of the Resumable Access Rights for the Train Service Type; or (ii) receiving a commercial benefit which Aurizon Network considers is sufficiently material to justify the resumption of the whole or part (as applicable) of the Resumable Access Rights for the Train Service Type, then Aurizon Network may, subject to clause 6.4(b8.4(b), by notice to the End User Operator (Resumption Notice), resume that part of the Resumable Access Rights for the Train Service Type in respect of which Aurizon Network has a reasonable expectation of a sustained alternative demand or receiving a commercial benefit (as applicable) (Resumed Access Rights). (b) A Resumption Notice must: (i) not be given more than 20 Business Days after the end of the Proposed Resumption Response Period (and any Resumption Notice given after the end of that period will be of no effect); and (ii) specify: (A) full details of the Resumed Access Rights for the Train Service Type; and (B) the date on which the resumption will take effect (which must be at least 10 Business Days after the Resumption Notice is given to the End UserOperator) (Resumption Date). (c) If a Resumption Notice is given under this clause 6.48.4, the Resumed Access Rights for the Train Service Type will, subject to clause 6.5 8.5 and clause 6.68.6, cease to form part of the Access Rights for the Train Service Type on and from the Resumption Date ([including for the purpose of the calculation of Access Charges] Charges other than for the purpose of calculating any TOP Charges that are payable as a result of the non-utilisation of any of the Resumed Access Rights prior to the Resumption Date). [Square bracketed text to be deleted where the End User is only paying TOP Charges].