Reversing changes to Train Descriptions. (a) If: (i) a Defaulting Operator fails to satisfy the conditions for the commencement of Train Services for a Train Service Type (relevant Train Service Type) under clause 10.3 of its Train Operations Deed; and (ii) Aurizon Network has given a notice to the Access Holder and the Defaulting Operator in accordance with clause 10.3(c)(iv)(B)(1) of the Defaulting Operator’s Train Operations Deed, the Access Holder may elect to allocate the varied Train Service Type to another Operator (either through a new nomination or variation of an existing nomination). (b) If the Access Holder fails to notify Aurizon Network of its election within 10 Business Days then the Train Description for the relevant Train Service Type will be taken not to have been varied (even if the relevant variation has taken effect) and the Train Description for the relevant Train Service Type will be taken to be the Train Description for the relevant Train Service Type in force immediately before the variation took effect.
Appears in 7 contracts
Samples: Standard Access Agreement, Access Agreement, Standard Access Agreement
Reversing changes to Train Descriptions.
(a) If:
(i) a Defaulting Operator fails to satisfy the conditions for the commencement of Train Services for a Train Service Type (relevant Train Service Type) under clause 10.3 of its Train Operations Deed; and
(ii) Aurizon Network has given a notice to the Access Holder and the Defaulting Operator in accordance with clause 10.3(c)(iv)(B)(1) of the Defaulting Operator’s Train Operations Deed, the Access Holder may elect to allocate the varied Train Service Type to another Operator (either through a new nomination or variation of an existing nomination).
(b) If the Access Holder fails to notify Aurizon Network of its election within 10 Business Days then the Train Description for the relevant Train Service Type will be taken not to have been varied (even if the relevant variation has taken effect) and the Train Description for the relevant Train Service Type will be taken to be the Train Description for the relevant Train Service Type in force immediately before the variation took effect.
Appears in 4 contracts
Samples: Access Agreement, Standard Access Agreement, Access Agreement
Reversing changes to Train Descriptions. (a) If:
: (i) a Defaulting Operator fails to satisfy the conditions for the commencement of Train Services for a Train Service Type (relevant Train Service Type) under clause 10.3 of its Train Operations Deed; and
and (ii) Aurizon Network has given a notice to the Access Holder and the Defaulting Operator in accordance with clause 10.3(c)(iv)(B)(1) of the Defaulting Operator’s Train Operations Deed, the Access Holder may elect to allocate the varied Train Service Type to another Operator (either through a new nomination or variation of an existing nomination).
(b) If the Access Holder fails to notify Aurizon Network of its election within 10 Business Days then the Train Description for the relevant Train Service Type will be taken not to have been varied (even if the relevant variation has taken effect) and the Train Description for the relevant Train Service Type will be taken to be the Train Description for the relevant Train Service Type in force immediately before the variation took effect.. 1518 Compliance
Appears in 1 contract
Samples: Access Agreement
Reversing changes to Train Descriptions. (a) If:
(i) a Defaulting Operator fails to satisfy the conditions for the commencement of Train Services for a Train Service Type (relevant Train Service Type) under clause 10.3 9.3 of its Train Operations Deed; and
(ii) Aurizon Network has given a notice to the Access Holder and the Defaulting Operator in accordance with clause 10.3(c)(iv)(B)(19.3(c)(iv)(B)(1) of the Defaulting Operator’s Train Operations Deed, the Access Holder may elect to allocate the varied Train Service Type to another Operator (either through a new nomination or variation of an existing nomination).
(b) If the Access Holder fails to notify Aurizon Network of its election within 10 Business Days then the Train Description for the relevant Train Service Type will be taken not to have been varied (even if the relevant variation has taken effect) and the Train Description for the relevant Train Service Type will be taken to be the Train Description for the relevant Train Service Type in force immediately before the variation took effect.
Appears in 1 contract
Samples: Access Agreement