Common use of Supply Chain Rights Clause in Contracts

Supply Chain Rights. (a) The 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) The Operator 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 Operator: (iii) On or before the Train Service Commitment Date for a Train Service Type, the Operator must demonstrate to the reasonable satisfaction of Aurizon Network that the Operator 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; and 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) 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 has the benefit of, Supply Chain Rights for the operation of the Train Services for that Train Service Type; 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 that Train Service Type. (iv) In determining whether the Operator will 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 Expiry Date for that Train Service Typethe relevant Supply Chain Rights for the purposes of clause 7.5(b) or 7.5(c)(ii), the Parties are to assume, if the Operator or the holder of those Supply Chain Rights exerciseshas an option granted in its favour to renew such Supply Chain Rights or extend the term of such Supply Chain Rights)., that such option to renew or extend is exercised.

Supply Chain Rights. (a) The Operator End UserAccess Holder must, for each Train Service Type: (i) use reasonable endeavours demonstrate 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 Operator 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 Operator End User has demonstrated, to the reasonable satisfaction of Aurizon Network, the matters which the Operator End User is required to demonstrate under clause 7.5(b3.8(b). (b) The Operator 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 Operator: (iiia) On or before the Train Service Commitment Date for a Train Service Type, the Operator End User must demonstrate to the reasonable satisfaction of Aurizon Network that the Operator End User (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 Train Services for that thatfirst Train Service Type; and Type on and from the Train Service Commitment Date for that Train Service Type until at least the Train Service Expiry Date for that thatfor each Train Service Type. (c) Within 10 Business Days after being requested to do so at any time by Aurizon Network, the Operator End User must demonstrate to the reasonable satisfaction of Aurizon Network that the OperatorEnd User: (i) holds, or has the benefit of, Supply Chain Rights for the operation of the Train Services for that Train Service Type; 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 that Train Service Type. (iv) In determining whether the Operator will 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 Expiry Date for that Train Service Typethe relevant Supply Chain Rights for the purposes of clause 7.5(b) or 7.5(c)(ii), the Parties are to assume, if the Operator or the holder of those Supply Chain Rights exerciseshas an option granted in its favour to renew such Supply Chain Rights or extend the term of such Supply Chain Rights)., that such option to renew or extend is exercised.

Supply Chain Rights. (a) The Operator 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 Operator 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 Operator End User has demonstrated, to the reasonable satisfaction of Aurizon Network, the matters which the Operator End User is required to demonstrate under clause 7.5(b7.4(b). (b) The Operator 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 OperatorEnd User: (iii) On or before the Train Service Commitment Date for a Train Service Type, the Operator must demonstrate to the reasonable satisfaction of Aurizon Network that the Operator 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; and 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) 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 has the benefit of, Supply Chain Rights for the operation of the Train Services for that Train Service Type; 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 that Train Service Type. (iv) In determining whether the Operator will 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 Expiry Date for that Train Service Typethe relevant Supply Chain Rights for the purposes of clause 7.5(b) or 7.5(c)(ii), the Parties are to assume, Type if the Operator End User or the holder of those Supply Chain Rights exerciseshas exercises an option granted in its favour to renew such Supply Chain Rights or extend the term of such Supply Chain Rights)., (c) The End User must promptly provide Aurizon Network with any information that such option Aurizon Network reasonably requires in relation to renew or extend the matters which the End User is exercisedrequired to demonstrate under clause 7.4(b).

Supply Chain Rights. (a) The End User and/or the relevant 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 operate, or cause to operate, Train Services for that Train Service Type at any time during which the End User or the relevant Operator does not hold, or have the benefit of, Supply Chain Rights for those Train Services; and (iii) not commence commence, or cause the commencement of, the operation of Train Services for a Train Service Type until the End User or the relevant Operator has demonstrated, to the reasonable satisfaction of Aurizon Network, the matters which the Operator is required to demonstrate under clause 7.5(b3.6(b). (b) The End User and/or the relevant Operator 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 and/or the relevant Operator: (iii) On or before the Train Service Commitment Date for a Train Service Type, the Operator must demonstrate to the reasonable satisfaction of Aurizon Network that the Operator 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; and 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) 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 has the benefit of, Supply Chain Rights for the operation of the Train Services for that Train Service Type; 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 that Train Service Type. (iv) In determining whether the Operator will 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 Expiry Date for that Train Service Typethe relevant Supply Chain Rights for the purposes of clause 7.5(b) or 7.5(c)(ii), the Parties are to assume, Type if the End User, Operator or the holder of those Supply Chain Rights exerciseshas exercises an option granted in its favour to renew such Supply Chain Rights or extend the term of such Supply Chain Rights)., that such option to renew or extend is exercised.

Supply Chain Rights. (a) The Operator 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 Operator 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 Operator End User has demonstrated, to the reasonable satisfaction of Aurizon Network, the matters which the Operator End User is required to demonstrate under clause 7.5(b7.4(b). (b) The Operator 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 Operator: (iii) On or before the Train Service Commitment Date for a Train Service Type, the Operator End User must demonstrate to the reasonable satisfaction of Aurizon Network that the Operator 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; and 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.Type.‌ (c) Within 10 Business Days after being requested to do so at any time by Aurizon Network, the Operator End User must demonstrate to the reasonable satisfaction of Aurizon Network that the OperatorEnd User: (i) holds, or has the benefit of, Supply Chain Rights for the operation of the Train Services for that Train Service Type; 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 that Train Service Type. (iv) In determining whether the Operator will 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 Expiry Date for that Train Service Typethe relevant Supply Chain Rights for the purposes of clause 7.5(b) or 7.5(c)(ii), the Parties are to assume, if the Operator or the holder of those Supply Chain Rights exerciseshas an option granted in its favour to renew such Supply Chain Rights or extend the term of such Supply Chain Rights)., that such option to renew or extend is exercised.