Common use of Supply Chain Rights Clause in Contracts

Supply Chain Rights. (a) The Access Holder must demonstrate to the satisfaction of Aurizon Network (acting reasonably) that the Access Holder holds, or has the benefit of, or is reasonably likely to hold, or have the benefit of, Supply Chain Rights for the commencement of the operation of the first Train Service for each Train Service Type. (b) The Access Holder may not nominate an Operator under this Agreement in respect of a Train Service Type for which the Access Holder does not hold, or have the benefit of, Supply Chain Rights for those Train Services. (c) The Access Holder must, for each Train Service Type, use all reasonable endeavours to continue to hold, or have the benefit of, those Supply Chain Rights until at least the Train Service Expiry Date for the Train Service Type, provided that if the term of any Supply Chain Rights expires or terminates prior to the Train Service Expiry Date for that Train Service Type, the Access Holder must use reasonable endeavours to secure equivalent Supply Chain Rights for the period until the Train Service Expiry Date for that Train Service Type. (d) If, prior to the commencement of the operation of the Train Services for each Train Service Type, Aurizon Network: (i) acting reasonably, considers the Access Xxxxxx’s circumstances have changed; and (ii) notifies the Access Holder that it requires details of the changed circumstances, the Access Holder must, within 10 Business Days after its notice, provide Aurizon Network reasonable details of: (iii) the Supply Chain Rights for the Train Services for a Train Service Type that the Access Holder holds, or has the benefit of at the time; and (iv) if applicable, the steps which the Access Holder has taken, or intends to take to secure any additional, renewed, extended or replacement Supply Chain Rights for the Train Services for the Train Service Type and the status of any such steps.

Supply Chain Rights. ‌ (a) The Access Holder must demonstrate to the satisfaction of Aurizon Network (acting reasonably) that the Access Holder holds, or has the benefit of, or is reasonably likely to hold, or have the benefit of, Supply Chain Rights for the commencement of the operation of the first Train Service for each Train Service Type. (b) The Access Holder may not nominate an Operator under this Agreement in respect of a Train Service Type for which the Access Holder does not hold, or have the benefit of, Supply Chain Rights for those Train Services. (c) The Access Holder must, for each Train Service Type, use all reasonable endeavours to continue to hold, or have the benefit of, those Supply Chain Rights until at least the Train Service Expiry Date for the Train Service Type, provided that if the term of any Supply Chain Rights expires or terminates prior to the Train Service Expiry Date for that Train Service Type, the Access Holder must use reasonable endeavours to secure equivalent Supply Chain Rights for the period until the Train Service Expiry Date for that Train Service Type. (d) If, prior to the commencement of the operation of the Train Services for each Train Service Type, Aurizon Network: (i) acting reasonably, considers the Access XxxxxxHolder’s circumstances have changed; and (ii) notifies the Access Holder that it requires details of the changed circumstances, the Access Holder must, within 10 Business Days after its notice, provide Aurizon Network reasonable details of: (iii) the Supply Chain Rights for the Train Services for a Train Service Type that the Access Holder holds, or has the benefit of at the time; and (iv) if applicable, the steps which the Access Holder has taken, or intends to take to secure any additional, renewed, extended or replacement Supply Chain Rights for the Train Services for the Train Service Type and the status of any such steps.

Supply Chain Rights. (a) The Access Holder must demonstrate to the satisfaction of Aurizon Network (acting reasonably) that the Access Holder holds, or has the benefit of, or is reasonably likely to hold, or have the benefit of, Supply Chain Rights for the commencement of the operation of the first Train Service Services for each Train Service Type. (b) The Access Holder may not nominate an Operator under this Agreement in respect of a Train Service Type for which the Access Holder does not hold, or have the benefit of, Supply Chain Rights for those Train Services. (c) The Access Holder must, for each Train Service Type, use all reasonable endeavours to continue to hold, or have the benefit of, those Supply Chain Rights until at least the Train Service Expiry Date for the Train Service TypeService, provided that if the term of any Supply Chain Rights expires or terminates prior to the Train Service Expiry Date for that Train Service TypeService, the Access Holder must use reasonable endeavours to secure equivalent Supply Chain Rights for the period until the Train Service Expiry Date for that Train Service TypeService. (d) If, prior to the commencement of the operation of the Train Services for each Train Service Type, Aurizon Network: (i) acting reasonably, considers the Access Xxxxxx’s circumstances have changed; and (ii) notifies the Access Holder that it requires details of the changed circumstances, the Access Holder must, within 10 Business Days after its notice, provide Aurizon Network reasonable details of: (iii) the Supply Chain Rights for the Train Services for a Train Service Type that the Access Holder holds, or has the benefit of at the time; and (iv) if applicable, the steps which the Access Holder has taken, or intends to take to secure any additional, renewed, extended or replacement Supply Chain Rights for the Train Services for the Train Service Type and the status of any such steps.

Supply Chain Rights. (a) The Access Holder End User must, for each Train Service Type: (i) use reasonable endeavours to hold, or have the benefit of, Supply Chain Rights for all Train Services for that Train Service Type at all times on and from the Train Service Commitment Date for that Train Service Type until the Train Service Expiry Date for that Train Service Type; (ii) ensure that the Operator does not operate Train Services for that Train Service Type at any time during which the End User does not hold, or have the benefit of, Supply Chain Rights for those Train Services; and (iii) ensure that the Operator does not commence the operation of Train Services for a Train Service Type until the End User has demonstrated, to the reasonable satisfaction of Aurizon Network, the matters which the End User is required to demonstrate under clause 7.4(b). (b) The End User must demonstrate to the reasonable satisfaction of Aurizon Network: (i) on or before the Train Service Commitment Date for a Train Service Type; and (ii) within 10 Business Days after being requested to do so at any time by Aurizon Network, that the End User: (iii) On or before the Train Service Commitment Date for a Train Service Type, the End User must demonstrate to the reasonable satisfaction of Aurizon Network (acting reasonably) that the Access Holder End User holds, or has the benefit of, or is reasonably likely to hold, or have the benefit of, Supply Chain Rights for the commencement of the operation of the first Train Services for that Train Service Type; and on and from the Train Service Commitment Date for each that Train Service Type until at least the Train Service Expiry Date for that Train Service Type. (bc) The Access Holder may not nominate an Operator under this Agreement in respect Within 10 Business Days after being requested to do so at any time by Aurizon Network, the End User must demonstrate to the reasonable satisfaction of a Train Service Type for which Aurizon Network that the Access Holder does not holdEnd User: (i) holds, or have has the benefit of, Supply Chain Rights for those the operation of the Train Services. (c) The Access Holder must, Services for each that Train Service Type, use all reasonable endeavours ; and (ii) is reasonably likely to continue to hold, or have the benefit of, those Supply Chain Rights until at least the Train Service Expiry Date for the Train Service Type, provided that if the term of any Supply Chain Rights expires or terminates prior to the Train Service Expiry Date for that Train Service Type, the Access Holder must use reasonable endeavours to secure equivalent Supply Chain Rights for the period until the Train Service Expiry Date for that Train Service Type. (d) If, prior to the commencement of the operation of the Train Services for each Train Service Type, Aurizon Network: (i) acting reasonably, considers the Access Xxxxxx’s circumstances have changed; and (ii) notifies the Access Holder that it requires details of the changed circumstances, the Access Holder must, within 10 Business Days after its notice, provide Aurizon Network reasonable details of: (iii) the Supply Chain Rights for the Train Services for a Train Service Type that the Access Holder holds, or has the benefit of at the time; and (iv) if applicable, the steps which the Access Holder has taken, or intends to take to secure any additional, renewed, extended or replacement Supply Chain Rights for the Train Services for the Train Service Type and the status of any such steps.

Supply Chain Rights. (a) The Access Holder must demonstrate to the satisfaction of Aurizon Network (acting reasonably) that the Access Holder holdsEnd User must, or has the benefit of, or is reasonably likely to for each Train Service Type: Deleted: <#>hold, or have the benefit of, Supply Chain Rights for the commencement of the operation of the first all Train Service Services for each Train Service Type. (b) The Access Holder may not nominate an Operator under this Agreement in respect of a that Train Service Type at all times on and from the Train Service Commitment Date for that Train Service Type until the Train Service Expiry Date for that Train Service Type;¶ (i) ensure that the Operator does not operate Train Services for that Train Service Type at any time during which the Access Holder End User does not hold, or have the benefit of, Supply Chain Rights for those Train Services; and (ii) ensure that the Operator does not commence the operation of Train Services for a Train Service Type until the End User has demonstrated, to the reasonable satisfaction of Aurizon Network, the matter which the End User is required to demonstrate under clause 7.4(b). (b) The End User must demonstrate to the reasonable satisfaction of Aurizon Network: Deleted: within 10 Business Days after being requested to do so at any time by Aurizon Network, (i) on or before the Train Service Commitment Date for a Train Service Type; that the End User holds, or has the benefit of, or is reasonably likely to obtain Supply Chain Rights for the commencement of the operation of Train Services for that Train Service Type; (c) The Access Holder End User must, for each Train Service Type, use all reasonable endeavours to continue to hold, or have the benefit of, those Supply Chain Rights until at least the Train Service Expiry Date for that Train Service Type (or at least the Train Service Type, Expiry Date for that Train Service Type if the End User or the holder of those Supply Chain Rights exercises an option granted in its favour to renew such Supply Chain Rights or extend the term of such Supply Chain Rights) provided that if the term of any Supply Chain Rights expires or terminates prior to the Train Service Expiry Date for that Train Service Type, the Access Holder End User must use reasonable endeavours to secure equivalent replacement Supply Chain Rights for the period until the Train Service Expiry Date for that Train Service TypeService. (d) If, prior to the commencement Not later than 10 Business Days after receipt of the operation of the Train Services for each Train Service Type, a request from Aurizon Network, the End User must provide reasonable details to Aurizon Network of: (i) acting reasonably, considers the Access Xxxxxx’s circumstances have changed; and (ii) notifies the Access Holder that it requires details of the changed circumstances, the Access Holder must, within 10 Business Days after its notice, provide Aurizon Network reasonable details of: (iii) the Supply Chain Rights for the Train Services for a Train Service Type that the Access Holder End User holds, or has the benefit of of, at the that time; and (ivii) if applicable, the steps which the Access Holder End User has taken, or intends to take take, to secure any additional, renewed, extended or replacement Supply Chain Rights for the Train Services for the Train Service Type and the status of any such stepsthereof.

Supply Chain Rights. (a) The Access Holder End User must, for each Train Service Type: (i) use reasonable endeavours to hold, or have the benefit of, Supply Chain Rights for all Train Services for that Train Service Type at all times on and from the Train Service Commitment Date for that Train Service Type until the Train Service Expiry Date for that Train Service Type; (ii) ensure that an Operator does not operate Train Services for that Train Service Type at any time during which the End User does not hold, or have the benefit of, Supply Chain Rights for those Train Services; and (iii) ensure that an Operator does not commence the operation of Train Services for a Train Service Type until the End User has demonstrated, to the reasonable satisfaction of Aurizon Network, the matters which the End User is required to demonstrate under clause 3.8(b). (b) On or before the Train Service Commitment Date for a Train Service Type, the End User must demonstrate to the reasonable satisfaction of Aurizon Network (acting reasonably) that the Access Holder End User holds, or has the benefit of, or is reasonably likely to hold, or have the benefit of, Supply Chain Rights for the commencement of the operation of the first Train Services for that Train Service Type on and from the Train Service Commitment Date for each that Train Service Type until at least the Train Service Expiry Date for that Train Service Type. (bc) The Access Holder may not nominate an Operator under this Agreement in respect Within 10 Business Days after being requested to do so at any time by Aurizon Network, the End User must demonstrate to the reasonable satisfaction of a Train Service Type for which Aurizon Network that the Access Holder does not holdEnd User: (i) holds, or have has the benefit of, Supply Chain Rights for those the operation of the Train Services. (c) The Access Holder must, Services for each that Train Service Type, use all reasonable endeavours to continue ; and (ii) is reasonably likely to hold, or have the benefit of, those Supply Chain Rights until at least the Train Service Expiry Date for the Train Service Type, provided that if the term of any Supply Chain Rights expires or terminates prior to the Train Service Expiry Date for that Train Service Type, the Access Holder must use reasonable endeavours to secure equivalent Supply Chain Rights for the period until the Train Service Expiry Date for that Train Service Type. (d) IfIn determining whether the End User will continue to hold, prior to or have the commencement of the operation of the Train Services for each Train Service Type, Aurizon Network: (i) acting reasonably, considers the Access Xxxxxx’s circumstances have changed; and (ii) notifies the Access Holder that it requires details of the changed circumstancesbenefit of, the Access Holder must, within 10 Business Days after its notice, provide Aurizon Network reasonable details of: (iii) the relevant Supply Chain Rights for the Train Services for a Train Service Type that the Access Holder holds, purposes of clause 3.8(b) or has the benefit of at the time; and (iv) if applicable3.8(c)(ii), the steps which parties are to assume, if the Access Holder has taken, End User or intends to take to secure any additional, renewed, extended or replacement the holder of those Supply Chain Rights for has an option granted in its favour to renew such Supply Chain Rights or extend the Train Services for term of such Supply Chain Rights, that such option to renew or extend is exercised. (e) The End User must promptly provide Aurizon Network with any information that Aurizon Network reasonably requires in relation to the Train Service Type and matters which the status of any such stepsEnd is required to demonstrate under clause 3.8(b) or 3.8(c).

Supply Chain Rights. (a) The Access Holder must demonstrate to the satisfaction of Aurizon Network (acting reasonably) that the Access Holder holds, or has the benefit of, or is reasonably likely to hold, or have the benefit of, Supply Chain Rights for the commencement of the operation of the first Train Service Services for each Train Service Type. (a) (b) The Access End UserAccess Holder may not nominate an Operator under this Agreement in respect of must, for each a Train Service Type for which the Access Holder does not hold, or have the benefit of, Supply Chain Rights for those Train Services.: (i) use reasonable endeavours to hold, or have the benefit of, Supply Chain Rights for all Train Services for that Train Service Type at all times on and from the Train Service Commitment Date for that Train Service Type until the Train Service Expiry Date for that Train Service Type; (ii) ensure that an Operator does not operate Train Services for that Train Service Type at any time during which the End User does not hold, or have the benefit of, Supply Chain Rights for those Train Services; and (iii) ensure that an Operator does not commence the operation of Train Services for a Train Service Type until the End User has demonstrated, to the reasonable satisfaction of Aurizon Network, the matters which the End User is required to demonstrate under clause 4.8(b). (b) On or before the Train Service Commitment Date for a Train Service Type, the End User must demonstrate to the reasonable satisfaction of Aurizon Network that the End User holds, or has the benefit of, or is reasonably likely to hold, or have the benefit of, Supply Chain Rights for the operation of the Train Services for that Train Service Type on and from the Train Service Commitment Date for that Train Service Type until at least the Train Service Expiry Date for that Train Service Type. (c) The Access Holder must, for each Train Service Type, use all reasonable endeavours to continue to hold, or have the benefit of, those Supply Chain Rights until at least the Train Service Expiry Date for the Train Service Type, provided that if the term of any Supply Chain Rights expires or terminates prior to the Train Service Expiry Date for that Train Service TypeService, the Access Holder must use reasonable endeavours to secure equivalent Supply Chain Rights for the period until the Train Service Expiry Date for that Train Service TypeService. (d) If, prior to the commencement of the operation of the Train Services for each Train Service Type, Aurizon Network: (i) acting reasonably, considers the Access Xxxxxx’s circumstances have changed; and (ii) notifies the Access Holder that it requires details of the changed circumstances, the Access Holder must, within 10 Business Days after its notice, provide Aurizon Network reasonable details of: (iii) the Supply Chain Rights for the Train Services for a Train Service Type that the Access Holder holds, or has the benefit of at the time; and (iv) if applicable, the steps which the Access Holder has taken, or intends to take to secure any additional, renewed, extended or replacement Supply Chain Rights for the Train Services for the Train Service Type and the status of any such steps.

Supply Chain Rights. (a) The Access Holder must demonstrate to the satisfaction of Aurizon Network (acting reasonably) that the Access Holder holds, or has the benefit of, or is reasonably likely to hold, or have the benefit of, Supply Chain Rights for the commencement of the operation of the first Train Service ServicesService for each Train Service Type. (b) The Access Holder may not nominate an Operator under this Agreement in respect of a Train Service Type for which the Access Holder does not hold, or have the benefit of, Supply Chain Rights for those Train Services. (c) The Access Holder must, for each Train Service Type, use all reasonable endeavours to continue to hold, or have the benefit of, those Supply Chain Rights until at least the Train Service Expiry Date for the Train Service Type, provided that if the term of any Supply Chain Rights expires or terminates prior to the Train Service Expiry Date for that Train Service Type, the Access Holder must use reasonable endeavours to secure equivalent Supply Chain Rights for the period until the Train Service Expiry Date for that Train Service Type. (d) If, prior to the commencement of the operation of the Train Services for each Train Service Type, Aurizon Network: (i) acting reasonably, considers the Access Xxxxxx’s circumstances have changed; and (ii) notifies the Access Holder that it requires details of the changed circumstances, the Access Holder must, within 10 Business Days after its notice, provide Aurizon Network reasonable details of: (iii) the Supply Chain Rights for the Train Services for a Train Service Type that the Access Holder holds, or has the benefit of at the time; and (iv) if applicable, the steps which the Access Holder has taken, or intends to take to secure any additional, renewed, extended or replacement Supply Chain Rights for the Train Services for the Train Service Type and the status of any such steps.

Supply Chain Rights. (a) The Access Holder must demonstrate to the satisfaction of Aurizon Network (acting reasonably) that the Access Holder holds, or has the benefit of, or is reasonably likely to hold, or have the benefit of, Supply Chain Rights for the commencement of the operation of the first Train Service Services for each Train Service Type. (b) The Access Holder may not nominate an Operator under this Agreement in respect of a Train Service Type for which the Access Holder does not hold, or have the benefit of, Supply Chain Rights for those Train Services. (c) The Access Holder must, for each Train Service Type, use all reasonable endeavours to continue to hold, or have the benefit of, those Supply Chain Rights until at least the Train Service Expiry Date for the Train Service Type, provided that if the term of any Supply Chain Rights expires or terminates prior to the Train Service Expiry Date for that Train Service TypeService, the Access Holder must use reasonable endeavours to secure equivalent Supply Chain Rights for the period until the Train Service Expiry Date for that Train Service TypeService. (d) If, prior to the commencement of the operation of the Train Services for each Train Service Type, Within 10 Business Days after receiving a written notice from Aurizon Network, the Access Holder must provide reasonable details to Aurizon Network of: (i) acting reasonably, considers the Access Xxxxxx’s circumstances have changed; and (ii) notifies the Access Holder that it requires details of the changed circumstances, the Access Holder must, within 10 Business Days after its notice, provide Aurizon Network reasonable details of: (iii) the Supply Chain Rights for the Train Services for a Train Service Type that the Access Holder holds, or has the benefit of at the time; and (ivii) if applicable, the steps which the Access Holder has taken, or intends to take to secure any additional, renewed, extended or replacement Supply Chain Rights for the Train Services for the Train Service Type and the status of any such steps. (e) Aurizon Network may only provide the written notice referred to in clause 4.9(d) [insert] times in any one Year.

Supply Chain Rights. (a) The Access Holder must demonstrate to the satisfaction of Aurizon Network (acting reasonably) that the Access Holder holds, or has the benefit of, or is reasonably likely to hold, or have the benefit of, Supply Chain Rights for the commencement of the operation of the first Train Service for each Train Service Type. (b) The Access Holder may not nominate an Operator under this Agreement in respect of a Train Service Type for which the Access Holder does not hold, or have the benefit of, Supply Chain Rights for those Train Services. (c) The Access Holder must, for each Train Service Type, use all reasonable endeavours to continue to hold, or have the benefit of, those Supply Chain Rights until at least the Train Service Expiry Date for the Train Service Type, provided that if the term of any Supply Chain Rights expires or terminates prior to the Train Service Expiry Date for that Train Service Type, the Access Holder must use reasonable endeavours to secure equivalent Supply Chain Rights for the period until the Train Service Expiry Date for that Train Service Type. (d) If, prior to the commencement of the operation of the Train Services for each Train Service Type, Aurizon Network: (i) acting reasonably, considers the Access XxxxxxHolder’s circumstances have changed; and (ii) notifies the Access Holder that it requires details of the changed circumstances, the Access Holder must, within 10 Business Days after its notice, provide Aurizon Network reasonable details of: (iii) the Supply Chain Rights for the Train Services for a Train Service Type that the Access Holder holds, or has the benefit of at the time; and (iv) if applicable, the steps which the Access Holder has taken, or intends to take to secure any additional, renewed, extended or replacement Supply Chain Rights for the Train Services for the Train Service Type and the status of any such steps.

Supply Chain Rights. ‌ (a) The Access Holder must demonstrate to the satisfaction of Aurizon Network (acting reasonably) that the Access Holder holds, or has the benefit of, or is reasonably likely to hold, or have the benefit of, Supply Chain Rights for the commencement of the operation of the first Train Service for each Train Service Type. (b) The Access Holder may not nominate an Operator under this Agreement in respect of a Train Service Type for which the Access Holder does not hold, or have the benefit of, Supply Chain Rights for those Train Services. (c) The Access Holder must, for each Train Service Type, use all reasonable endeavours to continue to hold, or have the benefit of, those Supply Chain Rights until at least the Train Service Expiry Date for the Train Service Type, provided that if the term of any Supply Chain Rights expires or terminates prior to the Train Service Expiry Date for that Train Service Type, the Access Holder must use reasonable endeavours to secure equivalent Supply Chain Rights for the period until the Train Service Expiry Date for that Train Service Type. (d) If, prior to the commencement of the operation of the Train Services for each Train Service Type, Aurizon Network: (i) acting reasonably, considers the Access Xxxxxx’s circumstances have changed; and (ii) notifies the Access Holder that it requires details of the changed circumstances, the Access Holder must, within 10 Business Days after its notice, provide Aurizon Network reasonable details of: (iii) the Supply Chain Rights for the Train Services for a Train Service Type that the Access Holder holds, or has the benefit of at the time; and (iv) if applicable, the steps which the Access Holder has taken, or intends to take to secure any additional, renewed, extended or replacement Supply Chain Rights for the Train Services for the Train Service Type and the status of any such steps.

Supply Chain Rights. (a) The Access Holder must demonstrate to the satisfaction of Aurizon Network Operator must, for each Train Service Type: (acting reasonablyi) that the Access Holder holds, or has the benefit of, or is reasonably likely to hold, or have the benefit of, Supply Chain Rights for the commencement of the operation of the first all Train Services for that Train Service Type at all times on and from the Train Service Commitment Date for each that Train Service Type until the Train Service Expiry Date for that Train Service Type.; (bii) The Access Holder may not nominate an Operator under this Agreement in respect of a operate Train Services for that Train Service Type for at any time during which the Access Holder Operator does not hold, or have the benefit of, Supply Chain Rights for those Train Services; and (iii) not commence the operation of Train Services for a Train Service Type until the Operator has demonstrated, to the reasonable satisfaction of Aurizon Network, the matters which the Operator is required to demonstrate under clause 10.4(b). (cb) The Access Holder must, Operator must demonstrate to the reasonable satisfaction of Aurizon Network: (i) on or before the Train Service Commitment Date for each a Train Service Type; and (ii) within 10 Business Days after being requested to do so at any time by Aurizon Network, use all reasonable endeavours to that the Operator: (iii) holds, or has the benefit of, Supply Chain Rights for the operation of the Train Services for that Train Service Type; and (iv) will continue to hold, or have the benefit of, those Supply Chain Rights until at least the Train Service Expiry Date for the that Train Service Type, provided that if the term of any Supply Chain Rights expires Type (or terminates prior to at least the Train Service Expiry Date for that Train Service Type, Type if the Access Holder must use reasonable endeavours to secure equivalent Operator or the holder of those Supply Chain Rights for exercises an option granted in its favour to renew such Supply Chain Rights or extend the period until the Train Service Expiry Date for that Train Service Typeterm of such Supply Chain Rights). (dc) If, prior to the commencement of the operation of the Train Services for each Train Service Type, Aurizon Network: (i) acting reasonably, considers the Access Xxxxxx’s circumstances have changed; and (ii) notifies the Access Holder that it requires details of the changed circumstances, the Access Holder must, within 10 Business Days after its notice, The Operator must promptly provide Aurizon Network reasonable details of: (iii) with any information that Aurizon Network reasonably requires in relation to the Supply Chain Rights for matters which the Operator is required to demonstrate under 11 Reduction of Nominated Monthly Train Services for a Train Service Type that the Access Holder holds, or has the benefit of at the time; and (iv) if applicable, the steps which the Access Holder has taken, or intends to take to secure any additional, renewed, extended or replacement Supply Chain Rights for the Train Services for the Train Service Type and the status of any such steps.Maximum Payload exceeded

Supply Chain Rights. (a) The Access Holder Operator must, for each Train Service Type: (i) use reasonable endeavours to hold, or have the benefit of, Supply Chain Rights for all Train Services for that Train Service Type at all times on and from the Train Service Commitment Date for that Train Service Type until the Train Service Expiry Date for that Train Service Type; (ii) not operate Train Services for that Train Service Type at any time during which the Operator does not hold, or have the benefit of, Supply Chain Rights for those Train Services; and (iii) not commence the operation of Train Services for a Train Service Type until the Operator has demonstrated, to the reasonable satisfaction of Aurizon Network, the matters which the Operator is required to demonstrate under clause 7.5(b). (b) On or before the Train Service Commitment Date for a Train Service Type, the Operator must demonstrate to the reasonable satisfaction of Aurizon Network (acting reasonably) that the Access Holder Operator holds, or has the benefit of, or is reasonably likely to hold, or have the benefit of, Supply Chain Rights for the commencement of the operation of the first Train Service Services for each Train Service Type. (b) The Access Holder may not nominate an Operator under this Agreement in respect of a that Train Service Type on and from the Train Service Commitment Date for which that Train Service Type until at least the Access Holder does not holdTrain Service Expiry Date for that Train Service Type.‌ (c) Within 10 Business Days after being requested to do so at any time by Aurizon Network, the Operator must demonstrate to the reasonable satisfaction of Aurizon Network that the Operator: (i) holds, or have has the benefit of, Supply Chain Rights for those the operation of the Train Services. (c) The Access Holder must, Services for each that Train Service Type, use all reasonable endeavours ; and (ii) is reasonably likely to continue to hold, or have the benefit of, those Supply Chain Rights until at least the Train Service Expiry Date for the Train Service Type, provided that if the term of any Supply Chain Rights expires or terminates prior to the Train Service Expiry Date for that Train Service Type, the Access Holder must use reasonable endeavours to secure equivalent Supply Chain Rights for the period until the Train Service Expiry Date for that Train Service Type. (d) IfIn determining whether the Operator will continue to hold, prior to or have the commencement of the operation of the Train Services for each Train Service Type, Aurizon Network: (i) acting reasonably, considers the Access Xxxxxx’s circumstances have changed; and (ii) notifies the Access Holder that it requires details of the changed circumstancesbenefit of, the Access Holder must, within 10 Business Days after its notice, provide Aurizon Network reasonable details of: (iii) the relevant Supply Chain Rights for the Train Services for a Train Service Type that the Access Holder holds, purposes of clause 7.5(b) or has the benefit of at the time; and (iv) if applicable7.5(c)(ii), the steps which Parties are to assume, if the Access Holder has taken, Operator or intends to take to secure any additional, renewed, extended or replacement the holder of those Supply Chain Rights for has an option granted in its favour to renew such Supply Chain Rights or extend the Train Services for term of such Supply Chain Rights, that such option to renew or extend is exercised. (e) The Operator must promptly provide Aurizon Network with any information that Aurizon Network reasonably requires in relation to the Train Service Type and matters which the status of any such stepsOperator is required to demonstrate under clause7.5(b) or 7.5(c).