Common use of Resumption of Access Rights Clause in Contracts

Resumption of Access Rights. (a) Unless otherwise specified in this Agreement, Aurizon Network may resume some or all of the Access Rights in accordance with the Resumption Provisions which form part of this Agreement under clause 3. (b) Within the later of two Business Days after: (i) a Resumption Notice is given to the Access Holder; and (ii) the resolution of the Dispute if: (A) there is a Dispute in connection with a decision by Aurizon Network to resume the Access Holder’s Access Rights; and (B) the outcome of the Dispute is that the Access Rights may be resumed, the Access Holder may give notice to Aurizon Network and each affected Operator in accordance with clause 4.5(a) to vary the Access Rights which the Access Holder has allocated to an Operator to take into account any resumption of Access Rights determined or agreed under the Resumption Provisions which form part of this Agreement under clause 3 or as determined under the relevant dispute resolution process. (c) Except to the extent that the Access Holder has given a notice as contemplated in clause 8(b), the resumption of Access Rights for each Train Service Type: (i) firstly, are deemed to reduce the Access Rights for that Train Service Type for which the Access Holder has not nominated an Operator; and (ii) if, after the operation of clause 8(c)(i), there is an Over-Allocation for the relevant Train Service Type, clause 4.7 applies in respect of that Over-Allocation.

Resumption of Access Rights. (a) Unless otherwise specified in this Agreement, Aurizon Network may resume some or all of the Access Rights in accordance with the Resumption Provisions which form part of this Agreement under clause 3Provisions. (b) The Access Holder and Aurizon Network must comply with the Resumption Provisions. (c) Within the later of two Business Days after: (i) a Resumption Notice is given to the Access Holder; and (ii) the resolution of the Dispute if: (A) there is a Dispute in connection with a decision by Aurizon Network to resume the Access Holder’s Access Rights; and (B) the outcome of the Dispute is that the Access Rights may must be resumed, the Access Holder may give notice to Aurizon Network and each affected Operator in accordance with clause 4.5(a) to vary the Access Rights which the Access Holder has allocated to an Operator to take into account any resumption of Access Rights determined or agreed under the Resumption Provisions which form part of this Agreement under clause 3 or as determined under the relevant dispute resolution process. (cd) Except to the extent that the Access Holder has given a notice as contemplated in clause 8(b)8(c) , the resumption of Access Rights for each Train Service Type: (i) firstly, are deemed to reduce the Access Rights for that Train Service Type for which the Access Holder has not nominated an Operator; and (ii) if, after the operation of clause 8(c)(i)the Relinquishment Provisions, there is an Over-Allocation for the relevant Train Service Type, clause 4.7 applies in respect of that Over-Allocation.