Common use of Review of Charges Clause in Contracts

Review of Charges. 3.2.1 For each Train Service type the Base Access Charge elements and, where necessary, any other elements of this Schedule 3 will be reviewed on each Review Date. 3.2.2 For each Train Service type Aurizon Network will advise the Operator in writing of the Base Access Charge elements and any other changes to this Schedule 3 to apply from each Review Date within 14 days of the latter of the Review Date or the date on which the QCA endorses the relevant renewal or variation. In determining any variations, Aurizon Network will have regard to: (a) the new or varied relevant Reference Tariffs; (b) the differences between the relevant Train Service and the Reference Train Service defined in the relevant Reference Tariff Schedule; (c) other related factors in the relevant Reference Tariff Schedule; and (d) Aurizon Network’s Access Undertaking. 3.2.3 If the Operator does not accept some or all of the variations advised pursuant to Clause 3.2.2 of this Schedule, the Operator must give Aurizon Network notice within 14 days of receipt of notice of the variations. 3.2.4 The Parties will negotiate in good faith to attempt to agree any new Base Access Charge elements and/or other changes to this Schedule for which the Operator has given notice pursuant to Clause 3.2.3 of this Schedule. 3.2.5 If the Parties have not agreed the new Base Access Charge elements and/or other changes to this Schedule within thirty (30) days of the relevant Review Date, either Party may refer the determination of the new Base Access Charge elements and/or other changes to this Schedule to an expert in accordance with Clause 3.3 of this Schedule. 3.2.6 Unless and until agreement is reached or a determination is made pursuant to Clause 3.2 of this Schedule, the Base Access Charge elements and/or any other relevant provision of this Schedule prevailing as at the Review Date shall continue to be utilised to determine the amount of Access Charges payable by the Operator. If any change in the Base Access Charge elements or any relevant provision of this Schedule is subsequently agreed or determined then the revised Base Access Charges or any relevant provision of this Schedule will apply from the relevant Review Date and the Parties will account to one another accordingly.

Review of Charges. 3.2.1 For each Train Service type the Base Access Charge elements elements, the X Factors, the First Escalation Date and, where necessary, any other elements of this Schedule 3 will be reviewed on each Review Date. 3.2.2 For each Train Service type Aurizon QR Network will advise the Operator in writing of the Base Access Charge elements Charge, the X Factors, the First Escalation Date and any other changes to this Schedule 3 to apply from each Review Date within 14 days of the latter of the Review Date or the date on which the QCA endorses the relevant renewal or variation. In determining any variations, Aurizon QR Network will have regard to: (a) the new or varied relevant Reference Tariffs; (b) the differences between the relevant Train Service and the Reference Train Service defined in the relevant Reference Tariff Schedule; (c) other related factors in the relevant Reference Tariff Schedule; and (d) Aurizon QR Network’s Access Undertaking. 3.2.3 If the Operator does not accept some or all of the variations advised pursuant to Clause 3.2.2 of this Schedule, the Operator must give Aurizon QR Network notice within 14 days of receipt of notice of the variations. 3.2.4 The Parties will negotiate in good faith to attempt to agree any new Base Access Charge elements Charge, X Factors, First Escalation Date and/or other changes to this Schedule for which the the Operator has given notice pursuant to Clause 3.2.3 of this Schedule. 3.2.5 If the Parties have not agreed the new Base Access Charge elements Charge, X Factors, First Escalation Date and/or other changes to this Schedule within thirty (30) days of the relevant Review Date, either Party may refer the determination of the new Base Access Charge elements elements, X Factors, First Escalation Date and/or other changes to this Schedule to an expert the executive group general managers of QR Network and the chief executive officer of the Operator (or his nominee) (“Dispute Managers”) in accordance with Clause 3.3 of this ScheduleSchedule 3. 3.2.6 Unless and until agreement is reached or a determination is made pursuant to Clause 3.2 of this Schedule, the Base Access Charge elements Charge, X Factors, First Escalation Date and/or any other relevant provision of this Schedule prevailing as at the Review Date shall continue to be utilised to determine the amount of Access Charges payable by the OperatorOperator . If any change in the Base Access Charge elements Charge, X Factors or any relevant provision of this Schedule First Escalation Date is subsequently agreed or determined then the revised Base Access Charges Charges, Escalation Factor or any relevant provision of this Schedule First Escalation Date will apply from the relevant Review Date and the Parties will account to one another accordingly.

Review of Charges. 3.2.1 For each Train Service type the Base Access Charge elements and, where necessary, any other elements of this Schedule 3 will be reviewed on each Review Date. 3.2.2 For each Train Service type Aurizon QR Network will advise the Operator in writing of the Base Access Charge elements and any other changes to this Schedule 3 to apply from each Review Date within 14 days of the latter of the Review Date or the date on which the QCA endorses the relevant renewal or variation. In determining any variations, Aurizon QR Network will have regard to: (a) the new or varied relevant Reference Tariffs; (b) the differences between the relevant Train Service and the Reference Train Service defined in the relevant Reference Tariff Schedule; (c) other related factors in the relevant Reference Tariff Schedule; and (d) Aurizon QR Network’s Access Undertaking. 3.2.3 If the Operator does not accept some or all of the variations advised pursuant to Clause 3.2.2 of this Schedule, the Operator must give Aurizon QR Network notice within 14 days of receipt of notice of the variations. 3.2.4 The Parties will negotiate in good faith to attempt to agree any new Base Access Charge elements and/or other changes to this Schedule for which the Operator has given notice pursuant to Clause 3.2.3 of this Schedule. 3.2.5 If the Parties have not agreed the new Base Access Charge elements and/or other changes to this Schedule within thirty (30) days of the relevant Review Date, either Party may refer the determination of the new Base Access Charge elements and/or other changes to this Schedule to an expert in accordance with Clause 3.3 of this Schedule. 3.2.6 Unless and until agreement is reached or a determination is made pursuant to Clause 3.2 of this Schedule, the Base Access Charge elements and/or any other relevant provision of this Schedule prevailing as at the Review Date shall continue to be utilised to determine the amount of Access Charges payable by the Operator. If any change in the Base Access Charge elements or any relevant provision of this Schedule is subsequently agreed or determined then the revised Base Access Charges or any relevant provision of this Schedule will apply from the relevant Review Date and the Parties will account to one another accordingly.

Review of Charges. 3.2.1 For each Train Service type the Base Access Charge elements and, where necessary, any other elements of this Schedule 3Schedule 3 will be reviewed on each Review Date. 3.2.2 For each Train Service type Aurizon QR Network will advise the Operator in writing of the Base Access Charge elements and any other changes to this Schedule 3Schedule 3 to apply from each Review Date within 14 days of the latter of the Review Date or the date on which the QCA endorses the relevant renewal or variation. In determining any variations, Aurizon QR Network will have regard to: (a) the new or varied relevant Reference Tariffs; (b) the differences between the relevant Train Service and the Reference Train Service defined in the relevant Reference Tariff Schedule; (c) other related factors in the relevant Reference Tariff Schedule; and (d) Aurizon Network’s QR Network‟s Access Undertaking. 3.2.3 If the Operator does not accept some or all of the variations advised pursuant to Clause 3.2.2 of this Schedule, the Operator must give Aurizon QR Network notice within 14 days of receipt of notice of the variations. 3.2.4 The Parties will negotiate in good faith to attempt to agree any new Base Access Charge elements and/or other changes to this Schedule for which the Operator has given notice pursuant to Clause 3.2.3 of this Schedule. 3.2.5 If the Parties have not agreed the new Base Access Charge elements and/or other changes to this Schedule within thirty (30) days of the relevant Review Date, either Party may refer the determination of the new Base Access Charge elements and/or other changes to this Schedule to an expert in accordance with Clause 3.3 of this Schedule. 3.2.6 Unless and until agreement is reached or a determination is made pursuant to Clause 3.2 of this Schedule, the Base Access Charge elements and/or any other relevant provision of this Schedule prevailing as at the Review Date shall continue to be utilised to determine the amount of Access Charges payable by the Operator. If any change in the Base Access Charge elements or any relevant provision of this Schedule is subsequently agreed or determined then the revised Base Access Charges Charges, Take or Pay methodology or any relevant provision of this Schedule will apply from the relevant Review Date and the Parties will account to one another accordingly.

Review of Charges. 3.2.1 For each Train Service type the Base Access Charge elements and, where necessary, any other elements of this Schedule 3 will be reviewed on each Review Date. 3.2.2 For each Train Service type Aurizon QR Network will advise the Operator in writing of the Base Access Charge elements and any other changes to this Schedule 3 to apply from each Review Date within 14 days of the latter of the Review Date or the date on which the QCA endorses the relevant renewal or variation. In determining any variations, Aurizon QR Network will have regard to: (a) the new or varied relevant Reference Tariffs; (b) the differences between the relevant Train Service and the Reference Train Service defined in the relevant Reference Tariff Schedule; (c) other related factors in the relevant Reference Tariff Schedule; and (d) Aurizon QR Network’s Access Undertaking. 3.2.3 If the Operator does not accept some or all of the variations advised pursuant to Clause 3.2.2 of this Schedule, the Operator must give Aurizon QR Network notice within 14 days of receipt of notice of the variations. Error! Unknown document property name.OperatorAccessAgreementCoalSchedules 3.2.4 The Parties will negotiate in good faith to attempt to agree any new Base Access Charge elements and/or other changes to this Schedule for which the Operator has given notice pursuant to Clause 3.2.3 of this Schedule. 3.2.5 If the Parties have not agreed the new Base Access Charge elements and/or other changes to this Schedule within thirty (30) days of the relevant Review Date, either Party may refer the determination of the new Base Access Charge elements and/or other changes to this Schedule to an expert in accordance with Clause 3.3 of this Schedule. 3.2.6 Unless and until agreement is reached or a determination is made pursuant to Clause 3.2 of this Schedule, the Base Access Charge elements and/or any other relevant provision of this Schedule prevailing as at the Review Date shall continue to be utilised to determine the amount of Access Charges payable by the Operator. If any change in the Base Access Charge elements or any relevant provision of this Schedule is subsequently agreed or determined then the revised Base Access Charges Charges, Take or Pay methodology or any relevant provision of this Schedule will apply from the relevant Review Date and the Parties will account to one another accordingly.