Common use of Review of Consumer Price Index Clause in Contracts

Review of Consumer Price Index. 4.2.1 If in the reasonable opinion of Aurizon Network or the Operator the Consumer Price Index used for the purposes of the escalation formula specified in Clause 4.1 of this Schedule 3: (a) is altered in a material way; (b) ceases to be published; or (c) ceases to be published at sufficiently regular intervals or is likely to cease to be published at sufficiently regular intervals for the purpose of the formula in Clause 4.1 of this Schedule 3, then Aurizon Network or the Operator (as the case may be) shall notify the other Party in writing of such opinion. 4.2.2 Upon such notice being given, the Parties will negotiate with a view to agreeing to vary the application of the Consumer Price Index or to adopting an alternative or alternatives to the Consumer Price Index and failing agreement within forty five (45) days of such notice being given then the matter shall be referred to an expert in accordance with Clause 18.3 of the Agreement. 4.2.3 If the dispute is resolved after the next Escalation Date, the Parties agree to retrospectively adjust any Access Charges invoiced since that date to be consistent with the outcome of the dispute resolution.

Review of Consumer Price Index. 4.2.1 If in the reasonable opinion of Aurizon QR Network or the Operator the Consumer Price Index used for the purposes of the escalation formula specified in Clause 4.1 of this Schedule 3Schedule 3: (a) is altered in a material way; (b) ceases to be published; or (c) ceases to be published at sufficiently regular intervals or is likely to cease to be published at sufficiently regular intervals for the purpose of the formula in Clause 4.1 of this Schedule 3Schedule 3, then Aurizon QR Network or the Operator (as the case may be) shall notify the other Party in writing of such opinion. 4.2.2 Upon such notice being given, the Parties will negotiate with a view to agreeing to vary the application of the Consumer Price Index or to adopting an alternative or alternatives to the Consumer Price Index and failing agreement within forty five (45) days of such notice being given then the matter shall be referred to an expert in accordance with Clause 18.3 of the Agreement. 4.2.3 If the dispute is resolved after the next Escalation Date, the Parties agree to retrospectively adjust any Access Charges invoiced since that date to be consistent with the outcome of the dispute resolution.

Review of Consumer Price Index. 4.2.1 4.1.1 If in the reasonable opinion of Aurizon QR Network or the Operator the Consumer Price Index used for the purposes of the escalation formula specified in Clause 4.1 of this Schedule 3: (a) is altered in a material way; (b) ceases to be published; or (c) ceases to be published at sufficiently regular intervals or is likely to cease to be published at sufficiently regular intervals for the purpose of the formula in Clause 4.1 of this Schedule 3, then Aurizon QR Network or the Operator (as the case may be) shall notify the other Party in writing of such opinion. 4.2.2 4.1.2 Upon such notice being given, the Parties will negotiate with a view to agreeing to vary the application of the Consumer Price Index or to adopting an alternative or alternatives to the Consumer Price Index and failing agreement within forty five (45) days of such notice being given then the matter shall be referred to an expert in accordance with Clause 18.3 of the Agreement. 4.2.3 4.1.3 If the dispute is resolved after the next Escalation Date, the Parties agree to retrospectively adjust any Access Charges invoiced since that date to be consistent with the outcome of the dispute resolution.

Review of Consumer Price Index. 4.2.1 If in the reasonable opinion of Aurizon QRAurizon Network or the Operator the Consumer Price Index used for the purposes of the escalation formula specified in Clause 4.1 of this Schedule 3: (a) is altered in a material way;; Schedule 2 (b) ceases to be published; or (c) ceases to be published at sufficiently regular intervals or is likely to cease to be published at sufficiently regular intervals for the purpose of the formula in Clause 4.1 of this Schedule 3, then Aurizon QRAurizon Network or the Operator (as the case may be) shall notify the other Party in writing of such opinion. 4.2.2 Upon such notice being given, the Parties will negotiate with a view to agreeing to vary the application of the Consumer Price Index or to adopting an alternative or alternatives to the Consumer Price Index and failing agreement within forty five (45) days of such notice being given then the matter shall be referred to an expert in accordance with Clause 18.3 of the Agreement. 4.2.3 If the dispute is resolved after the next Escalation Date, the Parties agree to retrospectively adjust any Access Charges invoiced since that date to be consistent with the outcome of the dispute resolution.