Summary QCA Position Aurizon Network Response Sample Clauses

Summary QCA Position Aurizon Network Response a Form of Aurizon Network’s obligations for the inclusion of the Trust’s capital costs in the RAB Aurizon Network does not support this position b Aurizon Network’s insurance obligation for ‘Landholder Infrastructure’ Aurizon Network does not support this position c Aurizon Network required to negotiate a process to address early termination of a SUFA transaction, even if that process would result in a ‘non-material’ disadvantage to Aurizon Network Aurizon Network does not support this position Appendix 1: Summary Response Table QCA proposal Aurizon Network response Rental Method The acceptance of the rental calculation methodology under current regulation practices as reasonable Aurizon Network supports this position The development of worked examples of rental calculation and their inclusion in the SUFA documentation Aurizon Network supports this position with a qualification Aurizon Network’s proposed post- regulatory rent objective does not provide certainty over rental cash flows following deregulation Aurizon Network does not support this position SUFA should allow for parties to remain, following deregulation, under the ‘regulated contract’ Aurizon Network supports this position SUFA should allow for linked access agreements to include a schedule setting out access charges in the event that an asset is no longer declared Aurizon Network does not support this position Construction of SUFA Infrastructure The construction process should be based on the principles that SUFA is a financing tool and Aurizon Network should control that process Aurizon Network supports this position As a consequence of these principles, Aurizon Network should provide up-front commitments with respect to scope, standard, cost, time to complete and capacity outcomes Aurizon Network supports this position in respect of scope, standard, cost and time to complete, and does not support it in respect of capacity outcomes Project delivery should be addressed not under the PMA but under the CA and the RCA in the forms that are part of the DD Aurizon Network supports this position, subject to three CA qualifications The CA should adopt a lump-sum price for the delivery of commitments in relation to scope, standard and time-to-complete Aurizon Network supports this position The CA should provide for specified variations and adjustment events as detailed by the QCA Aurizon Network supports this position The Independent Certifier under the CA should undertake many, but not all, of the f...
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Summary QCA Position Aurizon Network Response a The acceptance of the rental calculation methodology under current regulation practices as reasonable Aurizon Network supports this position b The development of worked examples of rental calculation and their inclusion in the SUFA documentation Aurizon Network supports this position with a qualification c Aurizon Network’s proposed post-regulatory rent objective does not provide certainty over rental cash flows following deregulation Aurizon Network does not support this position d SUFA should allow for parties to remain, following deregulation, under the ‘regulated contract’ Aurizon Network supports this position e SUFA should allow for linked access agreements to include a schedule setting out access charges in the event that an asset is no longer declared Aurizon Network does not support this position
Sample 1
Summary QCA Position Aurizon Network Response a The construction process should be based on the principles that SUFA is a financing tool and Aurizon Network should control that process Aurizon Network supports this position b As a consequence of these principles, Aurizon Network should provide up-front commitments with respect to scope, standard, cost, time to complete and capacity outcomes Aurizon Network supports this position in respect of scope, standard, cost and time to complete, and does not support it in respect of capacity outcomes c Project delivery should be addressed not under the PMA but under the CA and the RCA in the forms that are part of the DD Aurizon Network supports this position, subject to three CA qualifications d The CA should adopt a lump-sum price for the delivery of commitments in relation to scope, standard and time-to-complete Aurizon Network supports this position e The CA should provide for specified Aurizon Network supports this position 32DD, section 5.4.6, Treatment of contingency funding for adjustment and variation events, pages 44 - 45 QCA Position Aurizon Network Response variations and adjustment events as detailed by the QCA f The Independent Certifier under the CA should undertake many, but not all, of the functions of the superintendent under the pro forma construction contract Aurizon Network supports this position
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Summary QCA Position Aurizon Network Response a The redacted Infrastructure Lease should be disclosed during negotiation of the SUFA agreements subject to conditions Aurizon Network supports this position b The security should apply to compensation cashflows and detriment amounts due to the Trustee Aurizon Network supports this position c Aurizon Network should have uncapped liability for actions in respect of the Infrastructure Lease and the Trustee’s liability is to be limited as detailed by the QCA Aurizon Network does not support this position d ‘for breach of the EISL or the EIHL (Infrastructure Lease remains), the party that caused the breach must pay the detriment amount to the other party’, subject to two exceptions Aurizon Network supports this position, subject to clarification of the QCA’s intent
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Summary QCA Position Aurizon Network Response a Consideration for discrimination in respect of asset maintenance (is) to be considered as part of the 2014 DAU process Aurizon Network supports this position. b The 2013 SUFA DAAU should not place restrictions on who can participate in funding a SUFA arrangement Aurizon Network supports this position, subject to full set-off being adopted c Cost-shifting and other discriminatory behaviour (are) to be considered as part of the 2014 DAU process Aurizon Network supports this position.
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Summary QCA Position Aurizon Network Response a The form of the template TD and the SUHD should be able to be amended to permit third-party finance by negotiation Aurizon Network supports this position b The form of the template TD and the SUHD should be able to be amended to permit third-party finance by binding dispute resolution Aurizon Network does not support this position c The 2013 SUFA DAAU arrangements should allow for third party financing Aurizon Network conditionally supports this position d A Financing Side Deed should be included as one of the SUFA documents Aurizon Network supports this position 58DD, section 11.4.2, pages 80 - 81 11 Taxation
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Summary QCA Position Aurizon Network Response a The effectiveness of the SUFA documents to enable the Trust to claim tax Aurizon Network supports this position QCA Position Aurizon Network Response depreciation must be tested b Statutory severance is required Aurizon Network supports this position c Aurizon Network, the QCA and interested parties (are) to work on a joint submission for an ABA Aurizon Network supports this position, subject to it not being required to share commercially sensitive information d Efficiently incurred costs by Aurizon Network in seeking an ABA will be included in its operating costs Aurizon Network supports this position e Each party to the SUFA agreements (is to) seek its own PBR Aurizon Network supports this position, subject to its efficiently incurred costs in obtaining its PBR being refunded by the Trust f Need for tax indemnity of Aurizon Network is queried Aurizon Network considers a tax indemnity is needed to address its residual tax risks 12 2010 Access Undertaking Amendments
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Summary QCA Position Aurizon Network Response a QCA’s risk allocation approach Aurizon Network notes this position b Treatment of limitation of liability Aurizon Network supports this position c Treatment of consequential loss Aurizon Network partially supports the QCA’s position d Exclusion of OPRA from rental calculation methodology Aurizon Network does not support this position 14 Other Issues This Section 14 addresses issues that arise from the SUFA documents that form part of the DD and fall outside the scope of Sections 4 to 13 inclusive.
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Related to Summary QCA Position Aurizon Network Response

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