Common use of Suspension of Rights Clause in Contracts

Suspension of Rights. (a) Subject to Clause 1.7(b) of this Schedule 7, if the Owner fails to carry out an obligation under the Coal Loss Mitigation Provisions, QR Network may give the Owner a notice (Rectification Notice) requiring the Owner to: (i) in the case of any default which is capable of remedy: (A) remedy the default or provide to QR Network a program which is reasonably satisfactory to QR Network setting out the activities, and a timetable for undertaking those activities, required to remedy the default; and (B) provide to QR Network a program which is reasonably satisfactory to QR Network setting out the activities, and a timetable for undertaking those activities, required to prevent the recurrence of the event or circumstance that resulted in default; and (ii) in the case of a default which is not capable of remedy, provide to QR Network a program which is reasonably satisfactory to QR Network setting out the activities, and a timetable for undertaking those activities, required to prevent the reoccurrence of the event or circumstance that resulted in the default, within the period (which must be at least 30 days) specified in the Rectification Notice. (b) QR Network must not give the Owner a Rectification Notice: (i) in respect of a Loading Breach in respect of a train unless the train is the second (or subsequent) train in any ten consecutive trains loaded with coal at the Loading Facilities in respect of which Loading Breaches have occurred; or (ii) in respect of a failure to comply with an obligation under the Coal Loss Mitigation Provisions if the failure was caused by an act or omission of QR Network, its employees, agents and contractors. (c) If the Owner does not comply with: (i) a Rectification Notice within the time required by the Rectification Notice; or (ii) a program provided by the Owner in compliance with a Rectification Notice, then QR Network may give the Owner a notice (Suspension Notice), suspending the Owner’s rights under the Agreement and any other agreement to utilise, and to authorise or allow others to utilise, the Connecting Infrastructure for the passage of loaded coal trains. (d) A Suspension Notice must specify that it is a notice given under Clause 1.7(c) of this (e) A suspension of the Owner’s rights in accordance with Clause 1.7(c) of this Schedule 7 will continue until the earlier of the following dates: (i) if the relevant default is capable of remedy, the date that the Owner does the things specified in Clause 1.7(a)(i) of this Schedule 7; (ii) if the relevant default is not capable of remedy, the date that the Owner does the things specified in Clause 1.7(a)(ii) of this Schedule 7; (iii) if QR Network notifies the Owner of the cessation of the suspension, the date which QR Network notifies the Owner as the date on which the suspension will cease. (f) If: (i) QR Network exercises its right of suspension under Clause 1.7(c) of this (ii) the Owner disputes the exercise of that right by QR Network, the suspension will not take effect unless: (A) the Dispute is resolved in favour of QR Network during the period of the Dispute resolution process under Clause 17 of the Agreement (at which time, the suspension will take effect); or (B) the Dispute remains unresolved 30 days after the day the Owner gives QR Network a Dispute Notice under Clause 17.1 of the Agreement (at which time, the suspension will take effect despite the Dispute being unresolved). (g) The exercise by QR Network of its rights and remedies under this Clause 1.7 of Schedule 7 does not limit or restrict QR Network from exercising, at any time, any other rights or remedies of QR Network in respect of the relevant default (including its rights of termination under Clause 18 of the Agreement).

Suspension of Rights. (a) Subject to Clause 1.7(bClauseclause 1.7(c) of this Schedule 7),schedule 7, if the Private Infrastructure Owner fails to carry out an obligation under the Coal Loss Mitigation Provisions, QR Aurizon Network may give the Private Infrastructure Owner a notice (Rectification Notice) requiring the Private Infrastructure Owner to: (i) in the case of any default which is capable of remedy: (A) , remedy the default or provide to QR Network a program which is reasonably satisfactory to QR Network setting out the activities, and a timetable for undertaking those activities, required to remedy the default; and (B) provide to QR Network a program which is reasonably satisfactory to QR Network setting out the activities, and a timetable for undertaking those activities, required to prevent the recurrence of the event or circumstance that resulted in default; and (ii) in the case of a default which is not capable of remedy, provide to QR Network a program which is reasonably satisfactory to QR Network setting out the activities, and a timetable for undertaking those activities, required take reasonable steps to prevent the reoccurrence of the event or circumstance that resulted in the default, , (iii) within the period (which must be at least 30 90 days) specified in the Rectification Notice. (b) QR The Private Infrastructure Owner will keep Aurizon Network informed of the activities undertaken to comply with clause 1.7(a). (c) Aurizon Network must not give the Private Infrastructure Owner a Rectification Notice: (i) in respect of a Loading Breach in respect of a train unless the train is the second (or subsequent) train in any ten consecutive trains loaded with coal at the Loading Facilities in respect of which Loading Breaches have occurred; or (ii) in respect of a failure to comply with an obligation under the Coal Loss Mitigation Provisions if the failure was caused by an act or omission of QR Aurizon Network, its employees, agents and contractors. (cd) If the Private Infrastructure Owner does not comply with: (i) with a Rectification Notice within the time required by the Rectification Notice; or (ii) a program provided by the Owner in compliance with a Rectification Notice, Notice then QR Aurizon Network may give the Private Infrastructure Owner a notice (Suspension Notice), suspending the Private Infrastructure Owner’s rights under the Agreement and any other agreement to utilise, and to authorise or allow others to utilise, the Connecting Infrastructure for the passage of loaded coal trains. (de) A Suspension Notice must specify that it is a notice given under Clause 1.7(cClauseclause 1.7(a) of thisthis Schedule 7).schedule 7. (ef) A suspension of the Private Infrastructure Owner’s rights in accordance with Clause 1.7(cClauseclause 1.7(a) of this Schedule 7 Scheduleschedule 7) will continue until the earlier of the following dates: (i) if the relevant default is capable of remedy, the date that the Private Infrastructure Owner does the things specified in Clause Clauseclause 1.7(a)(i) of this Schedule Scheduleschedule 7); (ii) if the relevant default is not capable of remedy, the date that the Private Infrastructure Owner does the things specified in Clause Clauseclause 1.7(a)(ii) of this Schedule Scheduleschedule 7); (iii) if QR Aurizon Network notifies the Private Infrastructure Owner of the cessation of the suspension, the date which QR Aurizon Network notifies the Private Infrastructure Owner as the date on which the suspension will cease. (fg) If: : (i) QR (ii) Aurizon Network exercises its right of suspension under Clause 1.7(cClauseclause 1.7(a) of this (ii) this Scheduleschedule 7); and the Private Infrastructure Owner disputes the exercise of that right by QR Aurizon Network, the suspension will not take effect unless: (A) the Dispute is resolved in favour of QR Aurizon Network during the period of the Dispute resolution process under Clause 17 of the Agreement (at which time, the suspension will take effect); or (B) the Dispute remains unresolved 30 days after the day the Private Infrastructure Owner gives QR Aurizon Network a Dispute Notice under Clause 17.1 17.117(a) of the Agreement (at which time, the suspension will take effect despite the Dispute being unresolved). (gh) The exercise by QR Aurizon Network of its rights and remedies under this Clause Clauseclause 1.7 of Schedule 7 Scheduleschedule 7) does not limit or restrict QR Aurizon Network from exercising, at any time, any other rights or remedies of QR Aurizon Network in respect of the relevant default (including its rights of termination under Clause 18 of the Agreement).

Suspension of Rights. (a) Subject to Clause 1.7(bclause 1.7(c) of this Schedule 7schedule 77, if the Private Infrastructure Owner fails to carry out an obligation under the Coal Loss Mitigation Provisions, QR Aurizon Network may give the Private Infrastructure Owner a notice (Rectification Notice) requiring the Private Infrastructure Owner to: (i) in the case of any default which is capable of remedy: (A) , remedy the default or provide to QR Network a program which is reasonably satisfactory to QR Network setting out the activities, and a timetable for undertaking those activities, required to remedy the default; and (B) provide to QR Network a program which is reasonably satisfactory to QR Network setting out the activities, and a timetable for undertaking those activities, required to prevent the recurrence of the event or circumstance that resulted in default; and (ii) in the case of a default which is not capable of remedy, provide to QR Network a program which is reasonably satisfactory to QR Network setting out the activities, and a timetable for undertaking those activities, required take reasonable steps to prevent the reoccurrence of the event or circumstance that resulted in the default, , (iii) within the period (which must be at least 30 90 days) specified in the Rectification Notice. (b) QR The Private Infrastructure Owner will keep Aurizon Network informed of the activities undertaken to comply with clause 1.7(a). (c) Aurizon Network must not give the Private Infrastructure Owner a Rectification Notice: (i) in respect of a Loading Breach in respect of a train unless the train is the second (or subsequent) train in any ten consecutive trains loaded with coal at the Loading Facilities in respect of which Loading Breaches have occurred; or (ii) in respect of a failure to comply with an obligation under the Coal Loss Mitigation Provisions if the failure was caused by an act or omission of QR Aurizon Network, its employees, agents and contractors. (cd) If the Private Infrastructure Owner does not comply with: (i) with a Rectification Notice within the time required by the Rectification Notice; or (ii) a program provided by the Owner in compliance with a Rectification Notice, Notice then QR Aurizon Network may give the Private Infrastructure Owner a notice (Suspension Notice), suspending the Private Infrastructure Owner’s rights under the Agreement and any other agreement to utilise, and to authorise or allow others to utilise, the Connecting Infrastructure for the passage of loaded coal trains. (de) A Suspension Notice must specify that it is a notice given under Clause 1.7(cclause 1.7(a) of thisthis schedule 77. (ef) A suspension of the Private Infrastructure Owner’s rights in accordance with Clause 1.7(cclause 1.7(a) of this Schedule 7 schedule 77 will continue until the earlier of the following dates: (i) if the relevant default is capable of remedy, the date that the Private Infrastructure Owner does the things specified in Clause clause 1.7(a)(i) of this Schedule 7schedule 77; (ii) if the relevant default is not capable of remedy, the date that the Private Infrastructure Owner does the things specified in Clause clause 1.7(a)(ii) of this Schedule 7schedule 77; (iii) if QR Aurizon Network notifies the Private Infrastructure Owner of the cessation of the suspension, the date which QR Aurizon Network notifies the Private Infrastructure Owner as the date on which the suspension will cease. (fg) If: (i) QR Aurizon Network exercises its right of suspension under Clause 1.7(cclause 1.7(a) of thisthis schedule 77; and (ii) the Private Infrastructure Owner disputes the exercise of that right by QR Aurizon Network, the suspension will not take effect unless: (A) the Dispute is resolved in favour of QR Aurizon Network during the period of the Dispute resolution process under Clause 17 of the Agreement (at which time, the suspension will take effect); or (B) the Dispute remains unresolved 30 days after the day the Private Infrastructure Owner gives QR Aurizon Network a Dispute Notice under Clause 17.1 17(a) of the Agreement (at which time, the suspension will take effect despite the Dispute being unresolved). (gh) The exercise by QR Aurizon Network of its rights and remedies under this Clause clause 1.7 of Schedule 7 schedule 77 does not limit or restrict QR Aurizon Network from exercising, at any time, any other rights or remedies of QR Aurizon Network in respect of the relevant default (including its rights of termination under Clause 18 of the Agreement).

Suspension of Rights. (a) Subject to Clause 1.7(b1.7(c) of this Schedule 7), if the Owner fails to carry out an obligation under the Coal Loss Mitigation Provisions, QR Aurizon Network may give the Owner a notice (Rectification Notice) requiring the Owner to: (i) in the case of any default which is capable of remedy: (A) , remedy the default or provide to QR Network a program which is reasonably satisfactory to QR Network setting out the activities, and a timetable for undertaking those activities, required to remedy the default; and (B) provide to QR Network a program which is reasonably satisfactory to QR Network setting out the activities, and a timetable for undertaking those activities, required to prevent the recurrence of the event or circumstance that resulted in default; and (ii) in the case of a default which is not capable of remedy, provide to QR Network a program which is reasonably satisfactory to QR Network setting out the activities, and a timetable for undertaking those activities, required take reasonable steps to prevent the reoccurrence of the event or circumstance that resulted in the default, , (iii) within the period (which must be at least 30 90 days) specified in the Rectification Notice. (b) QR The Owner will keep Aurizon Network informed of the activities undertaken to comply with clause 1.7(a). (c) Aurizon Network must not give the Owner a Rectification Notice: (i) in respect of a Loading Breach in respect of a train unless the train is the second (or subsequent) train in any ten consecutive trains loaded with coal at the Loading Facilities in respect of which Loading Breaches have occurred; or (ii) in respect of a failure to comply with an obligation under the Coal Loss Mitigation Provisions if the failure was caused by an act or omission of QR Aurizon Network, its employees, agents and contractors. (cd) If the Owner does not comply with: (i) with a Rectification Notice within the time required by the Rectification Notice; or (ii) a program provided by the Owner in compliance with a Rectification Notice, Notice then QR Aurizon Network may give the Owner a notice (Suspension Notice), suspending the Owner’s rights under the Agreement and any other agreement to utilise, and to authorise or allow others to utilise, the Connecting Infrastructure for the passage of loaded coal trains. (de) A Suspension Notice must specify that it is a notice given under Clause 1.7(c1.7(a) of thisthis Schedule 7). (ef) A suspension of the Owner’s rights in accordance with Clause 1.7(c1.7(a) of this Schedule 7 will continue until the earlier of the following dates:this (i) if the relevant default is capable of remedy, the date that the Owner does the things specified in Clause 1.7(a)(i) of this Schedule 7); (ii) if the relevant default is not capable of remedy, the date that the Owner does the things specified in Clause 1.7(a)(ii) of this Schedule 7); (iii) if QR Aurizon Network notifies the Owner of the cessation of the suspension, the date which QR Aurizon Network notifies the Owner as the date on which the suspension will cease. (fg) If: (i) QR Aurizon Network exercises its right of suspension under Clause 1.7(c1.7(a) of thisthis Schedule 7); and (ii) the Owner disputes the exercise of that right by QR Aurizon Network, the suspension will not take effect unless: (A) the Dispute is resolved in favour of QR Aurizon Network during the period of the Dispute resolution process under Clause 17 of the Agreement (at which time, the suspension will take effect); or (B) the Dispute remains unresolved 30 days after the day the Owner gives QR Aurizon Network a Dispute Notice under Clause 17.1 of the Agreement (at which time, the suspension will take effect despite the Dispute being unresolved). (gh) The exercise by QR Aurizon Network of its rights and remedies under this Clause 1.7 of Schedule 7 7) does not limit or restrict QR Aurizon Network from exercising, at any time, any other rights or remedies of QR Aurizon Network in respect of the relevant default (including its rights of termination under Clause 18 of the Agreement).

Suspension of Rights. (a) Subject to Clause 1.7(b) of this Schedule 7, if the Owner fails to carry out an obligation under the Coal Loss Mitigation Provisions, QR Network may give the Owner a notice (Rectification Notice) requiring the Owner to: (i) in the case of any default which is capable of remedy: (A) remedy the default or provide to QR Network a program which is reasonably satisfactory to QR Network setting out the activities, and a timetable for undertaking those activities, required to remedy the default; and (B) provide to QR Network a program which is reasonably satisfactory to QR Network setting out the activities, and a timetable for undertaking those activities, required to prevent the recurrence of the event or circumstance that resulted in default; and (ii) in the case of a default which is not capable of remedy, provide to QR Network a program which is reasonably satisfactory to QR Network setting out the activities, and a timetable for undertaking those activities, required to prevent the reoccurrence of the event or circumstance that resulted in the default, within the period (which must be at least 30 days) specified in the Rectification Notice. (b) QR Network must not give the Owner a Rectification Notice: (i) in respect of a Loading Breach in respect of a train unless the train is the second (or subsequent) train in any ten consecutive trains loaded with coal at the Loading Facilities in respect of which Loading Breaches have occurred; or (ii) in respect of a failure to comply with an obligation under the Coal Loss Mitigation Provisions if the failure was caused by an act or omission of QR Network, its employees, agents and contractors. (c) If the Owner does not comply with: (i) a Rectification Notice within the time required by the Rectification Notice; or (ii) a program provided by the Owner in compliance with a Rectification Notice, then QR Network may give the Owner a notice (Suspension Notice), suspending the Owner’s rights under the Agreement and any other agreement to utilise, and to authorise or allow others to utilise, the Connecting Infrastructure for the passage of loaded coal trains. (d) A Suspension Notice must specify that it is a notice given under Clause 1.7(c) of thisthis Schedule 7. (e) A suspension of the Owner’s rights in accordance with Clause 1.7(c) of this Schedule 7 will continue until the earlier of the following dates: (i) if the relevant default is capable of remedy, the date that the Owner does the things specified in Clause 1.7(a)(i) of this Schedule 7; (ii) if the relevant default is not capable of remedy, the date that the Owner does the things specified in Clause 1.7(a)(ii) of this Schedule 7; (iii) if QR Network notifies the Owner of the cessation of the suspension, the date which QR Network notifies the Owner as the date on which the suspension will cease. (f) If: (i) QR Network exercises its right of suspension under Clause 1.7(c) of thisthis Schedule 7; and (ii) the Owner disputes the exercise of that right by QR Network, the suspension will not take effect unless: (A) the Dispute is resolved in favour of QR Network during the period of the Dispute resolution process under Clause 17 of the Agreement (at which time, the suspension will take effect); or (B) the Dispute remains unresolved 30 days after the day the Owner gives QR Network a Dispute Notice under Clause 17.1 of the Agreement (at which time, the suspension will take effect despite the Dispute being unresolved). (g) The exercise by QR Network of its rights and remedies under this Clause 1.7 of Schedule 7 does not limit or restrict QR Network from exercising, at any time, any other rights or remedies of QR Network in respect of the relevant default (including its rights of termination under Clause 18 of the Agreement).

Suspension of Rights. (a) Subject to Clause 1.7(b) 0000 of this Schedule 7, if the Owner fails to carry out an obligation under the Coal Loss Mitigation Provisions, QR Network may give the Owner a notice (Rectification Notice) requiring the Owner to: (i) in the case of any default which is capable of remedy: (A) remedy the default or provide to QR Network a program which is reasonably satisfactory to QR Network setting out the activities, and a timetable for undertaking those activities, required to remedy the default; and (B) provide to QR Network a program which is reasonably satisfactory to QR Network setting out the activities, and a timetable for undertaking those activities, required to prevent the recurrence of the event or circumstance that resulted in default; and (ii) in the case of a default which is not capable of remedy, provide to QR Network a program which is reasonably satisfactory to QR Network setting out the activities, and a timetable for undertaking those activities, required to prevent the reoccurrence of the event or circumstance that resulted in the default, within the period (which must be at least 30 days) specified in the Rectification Notice. (b) QR Network must not give the Owner a Rectification Notice: (i) in respect of a Loading Breach in respect of a train unless the train is the second (or subsequent) train in any ten consecutive trains loaded with coal at the Loading Facilities in respect of which Loading Breaches have occurred; or (ii) in respect of a failure to comply with an obligation under the Coal Loss Mitigation Provisions if the failure was caused by an act or omission of QR Network, its employees, agents and contractors. (c) If the Owner does not comply with: (i) a Rectification Notice within the time required by the Rectification Notice; or (ii) a program provided by the Owner in compliance with a Rectification Notice, then QR Network may give the Owner a notice (Suspension Notice), suspending the Owner’s rights under the Agreement and any other agreement to utilise, and to authorise or allow others to utilise, the Connecting Infrastructure for the passage of loaded coal trains. (d) A Suspension Notice must specify that it is a notice given under Clause 1.7(c) 0000 of this (e) A suspension of the Owner’s rights in accordance with Clause 1.7(c) 0000 of this Schedule 7 Formatted: will continue until the earlier of the following dates: (i) if the relevant default is capable of remedy, the date that the Owner does the things specified in Clause 1.7(a)(i) 000000 of this Schedule 7; (ii) if the relevant default is not capable of remedy, the date that the Owner does the things specified in Clause 1.7(a)(ii) 0000 of this Schedule 7; (iii) if QR Network notifies the Owner of the cessation of the suspension, the date which QR Network notifies the Owner as the date on which the suspension will cease. (f) If: (i) QR Network exercises its right of suspension under Clause 1.7(c) of this (ii) the Owner disputes the exercise of that right by QR Network, the suspension will not take effect unless: (A) the Dispute is resolved in favour of QR Network during the period of the Dispute resolution process under Clause 17 of the Agreement (at which time, the suspension will take effect); or (B) the Dispute remains unresolved 30 days after the day the Owner gives QR Network a Dispute Notice under Clause 17.1 of the Agreement (at which time, the suspension will take effect despite the Dispute being unresolved). (g) The exercise by QR Network of its rights and remedies under this Clause 1.7 of Schedule 7 does not limit or restrict QR Network from exercising, at any time, any other rights or remedies of QR Network in respect of the relevant default (including its rights of termination under Clause 18 of the Agreement).

Suspension of Rights. (a) Subject to Clause 1.7(bclause 1.7(c) of this Schedule schedule 7, if the Private Infrastructure Owner fails to carry out an obligation under the Coal Loss Mitigation Provisions, QR Aurizon Network may give the Private Infrastructure Owner a notice (Rectification Notice) requiring the Private Infrastructure Owner to: (i) in the case of any default which is capable of remedy: (A) , remedy the default or provide to QR Network a program which is reasonably satisfactory to QR Network setting out the activities, and a timetable for undertaking those activities, required to remedy the default; and (B) provide to QR Network a program which is reasonably satisfactory to QR Network setting out the activities, and a timetable for undertaking those activities, required to prevent the recurrence of the event or circumstance that resulted in default; and (ii) in the case of a default which is not capable of remedy, provide to QR Network a program which is reasonably satisfactory to QR Network setting out the activities, and a timetable for undertaking those activities, required take reasonable steps to prevent the reoccurrence of the event or circumstance that resulted in the default, , (iii) within the period (which must be at least 30 90 days) specified in the Rectification Notice. (b) QR The Private Infrastructure Owner will keep Aurizon Network informed of the activities undertaken to comply with clause 1.7(a). (c) Aurizon Network must not give the Private Infrastructure Owner a Rectification Notice: (i) in respect of a Loading Breach in respect of a train unless the train is the second (or subsequent) train in any ten consecutive trains loaded with coal at the Loading Facilities in respect of which Loading Breaches have occurred; or (ii) in respect of a failure to comply with an obligation under the Coal Loss Mitigation Provisions if the failure was caused by an act or omission of QR Aurizon Network, its employees, agents and contractors. (cd) If the Private Infrastructure Owner does not comply with: (i) with a Rectification Notice within the time required by the Rectification Notice; or (ii) a program provided by the Owner in compliance with a Rectification Notice, Notice then QR Aurizon Network may give the Private Infrastructure Owner a notice (Suspension Notice), suspending the Private Infrastructure Owner’s rights under the Agreement and any other agreement to utilise, and to authorise or allow others to utilise, the Connecting Infrastructure for the passage of loaded coal trains. (de) A Suspension Notice must specify that it is a notice given under Clause 1.7(cclause 1.7(a) of thisthis schedule 7. (ef) A suspension of the Private Infrastructure Owner’s rights in accordance with Clause 1.7(cclause 1.7(a) of this Schedule schedule 7 will continue until the earlier of the following dates: (i) if the relevant default is capable of remedy, the date that the Private Infrastructure Owner does the things specified in Clause clause 1.7(a)(i) of this Schedule schedule 7; (ii) if the relevant default is not capable of remedy, the date that the Private Infrastructure Owner does the things specified in Clause clause 1.7(a)(ii) of this Schedule schedule 7; (iii) if QR Aurizon Network notifies the Private Infrastructure Owner of the cessation of the suspension, the date which QR Aurizon Network notifies the Private Infrastructure Owner as the date on which the suspension will cease. (fg) If: (i) QR Aurizon Network exercises its right of suspension under Clause 1.7(cclause 1.7(a) of thisthis schedule 7; and (ii) the Private Infrastructure Owner disputes the exercise of that right by QR Aurizon Network, the suspension will not take effect unless: (A) the Dispute is resolved in favour of QR Aurizon Network during the period of the Dispute resolution process under Clause 17 of the Agreement (at which time, the suspension will take effect); or (B) the Dispute remains unresolved 30 days after the day the Private Infrastructure Owner gives QR Aurizon Network a Dispute Notice under Clause 17.1 17(a) of the Agreement (at which time, the suspension will take effect despite the Dispute being unresolved). (gh) The exercise by QR Aurizon Network of its rights and remedies under this Clause clause 1.7 of Schedule schedule 7 does not limit or restrict QR Aurizon Network from exercising, at any time, any other rights or remedies of QR Aurizon Network in respect of the relevant default (including its rights of termination under Clause 18 of the Agreement).

Suspension of Rights. (a) Subject to Clause clause 1.7(b) of this Schedule 7, if the Owner fails to carry out an obligation under the Coal Loss Mitigation Provisions, QR Network may give the Owner a notice (Rectification Notice) requiring the Owner to: (i) in the case of any default which is capable of remedy: (A) remedy the default or provide to QR Network a program which is reasonably satisfactory to QR Network setting out the activities, and a timetable for undertaking those activities, required to remedy the default; and (B) provide to QR Network a program which is reasonably satisfactory to QR Network setting out the activities, and a timetable for undertaking those activities, required to prevent the recurrence of the event or circumstance that resulted in default; and (ii) in the case of a default which is not capable of remedy, provide to QR Network a program which is reasonably satisfactory to QR Network setting out the activities, and a timetable for undertaking those activities, required to prevent the reoccurrence of the event or circumstance that resulted in the default, within the period (which must be at least 30 days) specified in the Rectification Notice., (b) QR Network must not give the Owner a Rectification Notice: (i) in respect of a Loading Breach in respect of a train unless the train is the second (or subsequent) train in any ten consecutive trains loaded with coal at the Loading Facilities in respect of which Loading Breaches have occurred; or (ii) in respect of a failure to comply with an obligation under the Coal Loss Mitigation Provisions if the failure was caused by an QR Network will not be entitled to any profit or recovery of corporate overheads; the Owner may require an audit of costs from time to time in accordance with clause 3.6 of this Agreement and, where an audit identifies a manifest error in costs allocated to the Owner, the Owner will not be required to pay the amounts allocated to it in error; QR Network will be not be entitled to recover costs which have arisen as a result of a breach of contract, negligence or unreasonable delay by QR Network; QR Network shall: keep the Owner fully informed about the development of the Connecting Infrastructure (including providing the Owner with regular updates and reasonable advance notice of any tests to be conducted in respect of the works the subject of the Construction Agreement) and permitting the Owner to attend any tests and otherwise visit the site from time to time as required by the Owner); consult with the Owner in relation to all substantial design, construction, project management and commissioning decisions, including at hold points agreed by the Parties; and allow the Owner opportunity to object to matters relating to QR Network‟s proposed design, construction, project management and commissioning decisions that the Owner considers will result in unreasonable costs or delays being incurred provided that the Owner may not object to QR Network designing and or constructing the Connection Infrastructure to the standard described in the first bullet point above; QR Network must either repair or make good, or reimburse the Owner the cost of repairing or making good, any damage (including environmental damage) to the Owner‟s property (real or personal) arising out of or in connection with the performance of the work under the Construction Agreement to at least the standard of the relevant property as at the date of the Construction Agreement; QR Network must indemnify the Owner and its employees and officers for all loss, liability, damages, costs and expenses (including legal costs and expenses on a full indemnity basis) suffered or incurred by an indemnified person arising out of or in connection with a negligent act or omission of QR Network, its employees, agents and contractors. (c) If the Owner does not comply with: (i) a Rectification Notice within the time required by the Rectification Notice; or (ii) a program provided by the Owner in compliance with a Rectification Notice, then QR Network may give the Owner a notice (Suspension Notice), suspending the Owner’s Owner‟s rights under the Agreement and any other agreement to utilise, and to authorise or allow others to utilise, the Connecting Infrastructure for the passage of loaded coal trains. (d) A Suspension Notice must specify that it is a notice given under Clause clause 1.7(c) of thisthis Schedule 7. (e) A suspension of the Owner’s Owner‟s rights in accordance with Clause clause 1.7(c) of this Schedule 7 will continue until the earlier of the following dates: (i) if the relevant default is capable of remedy, the date that the Owner does the things specified in Clause clause 1.7(a)(i) of this Schedule 7; (ii) if the relevant default is not capable of remedy, the date that the Owner does the things specified in Clause clause 1.7(a)(ii) of this Schedule 7; (iii) if QR Network notifies the Owner of the cessation of the suspension, the date which QR Network notifies the Owner as the date on which the suspension will cease. (f) If: (i) QR Network exercises its right of suspension under Clause clause 1.7(c) of thisthis Schedule 7; (ii) and (iii) the Owner disputes the exercise of that right by QR Network, the suspension will not take effect unless: (A) the Dispute is resolved in favour of QR Network during the period of the Dispute resolution process under Clause clause 17 of the Agreement (at which time, the suspension will take effect); or (B) the Dispute remains unresolved 30 days after the day the Owner gives QR Network a Dispute Notice under Clause clause 17.1 of the Agreement (at which time, the suspension will take effect despite the Dispute being unresolved). (g) The exercise by QR Network of its rights and remedies under this Clause clause 1.7 of Schedule 7 does not limit or restrict QR Network from exercising, at any time, any other rights or remedies of QR Network in respect of the relevant default (including its rights of termination under Clause clause 18 of the Agreement).

Suspension of Rights. 9.1 Each of the following occurrences shall be deemed a “Suspension Event” as relates to the specific Field Products at issue in the specific area of the Territory that is affected: (a) Subject to Clause 1.7(b) of this Schedule 7, if the Owner fails to carry out an obligation under the Coal Loss Mitigation Provisions, QR Network may give the Owner a notice (Rectification Notice) requiring the Owner to: either (i) a pattern of adulteration or food pathogens in violation of applicable Law is found in any Field Products Commercialized bearing any of the case Licensed Core Trademarks or in any other facility where such Field Products are made or kept, such that it poses a significant health and safety risk as demonstrated by independent verifiable lab analysis and Licensee fails to correct the same within fifteen (15) days after receipt of any default which such lab analysis results, or (ii) if such defect is capable of remedy: curable but cannot be corrected within such fifteen (A15) remedy the default or provide day period, Licensee has failed to QR Network a program which is prepare and begin to implement measures that can reasonably satisfactory to QR Network setting out the activitiescorrect such defects within thirty (30) days, and a timetable for undertaking those activities, required to remedy the defaultsuch defects are not then remedied within such thirty (30) day period; and (Bb) provide to QR Network upon any other material breach of this Agreement or material violation of applicable Law such that, if unremedied, the Licensed Core Trademarks, Licensor or any other proper licensee of Licensor would be materially harmed, if such breach continues uncured for a program which is reasonably satisfactory to QR Network setting out the activities, and a timetable for undertaking those activities, required to prevent the recurrence period of the event or circumstance that resulted in default; and thirty (ii30) in the case days after written notice of a default which is not capable of remedy, provide to QR Network a program which is reasonably satisfactory to QR Network setting out the activities, and a timetable for undertaking those activities, required to prevent the reoccurrence of the event or circumstance that resulted in the default, within the period (which must be at least 30 days) specified in the Rectification Noticesuch breach. (b) QR Network must not give the Owner a Rectification Notice: (i) in respect of a Loading Breach in respect of a train unless the train is the second (or subsequent) train in any ten consecutive trains loaded with coal at the Loading Facilities in respect of which Loading Breaches have occurred; or (ii) in respect of a failure 9.2 Licensor’s right to comply with an obligation under the Coal Loss Mitigation Provisions if the failure was caused by an act or omission of QR Network, its employees, agents and contractors. (c) If the Owner does not comply with: (i) a Rectification Notice within the time required by the Rectification Notice; or (ii) a program provided by the Owner in compliance with a Rectification Notice, then QR Network may give the Owner issue a notice (Suspension Notice), suspending and cause the Ownersuspension of Licensee’s rights under this Agreement pursuant to Section 18 shall be subject to the Agreement and any other agreement dispute resolution provisions set forth in Section 18. For the avoidance of doubt, no suspension shall occur pursuant to utilise, and to authorise or allow others to utilise, the Connecting Infrastructure for the passage of loaded coal trains. (d) A Section 9.1 until a determination is made that a Suspension Notice must specify that it is a notice given under Clause 1.7(c) of this (e) A suspension of the Owner’s rights Event has occurred in accordance with Clause 1.7(c) the dispute resolution mechanisms set forth in Section 18. 9.3 For the avoidance of doubt, a Party’s obligations with respect to a Suspension Event shall not negate its obligations arising under applicable Law. 9.4 For the avoidance of doubt, nothing in this Agreement shall provide Xxxxx with the right to enforce the provisions of this Schedule 7 will continue until Section 9 or otherwise provide Xxxxx with the earlier ability to compel Licensor to do so except with respect to a breach by Licensee of Section 2 or the following dates: (i) if the relevant default is capable second sentence of remedy, the date that the Owner does the things specified in Clause 1.7(a)(i) of this Schedule 7; (ii) if the relevant default is not capable of remedy, the date that the Owner does the things specified in Clause 1.7(a)(ii) of this Schedule 7; (iii) if QR Network notifies the Owner of the cessation of the suspension, the date which QR Network notifies the Owner as the date on which the suspension will ceaseSection 4.7. (f) If: (i) QR Network exercises its right of suspension under Clause 1.7(c) of this (ii) the Owner disputes the exercise of that right by QR Network, the suspension will not take effect unless: (A) the Dispute is resolved in favour of QR Network during the period of the Dispute resolution process under Clause 17 of the Agreement (at which time, the suspension will take effect); or (B) the Dispute remains unresolved 30 days after the day the Owner gives QR Network a Dispute Notice under Clause 17.1 of the Agreement (at which time, the suspension will take effect despite the Dispute being unresolved). (g) The exercise by QR Network of its rights and remedies under this Clause 1.7 of Schedule 7 does not limit or restrict QR Network from exercising, at any time, any other rights or remedies of QR Network in respect of the relevant default (including its rights of termination under Clause 18 of the Agreement).