Common use of Termination by Aurizon Network Clause in Contracts

Termination by Aurizon Network. Without limiting any rights of termination contained elsewhere in this Agreement or otherwise existing at Law, Aurizon Network may, by notice in writing to the End User, immediately terminate this Agreement upon the occurrence of any one or more of the following events or circumstances: (a) the End User fails to pay when due any amount said to be payable under this Agreement, other than due to a bona fide dispute regarding whether the amount is payable for which a Dispute Notice has been given in accordance with clause 11.1 and which has not been resolved in favour of the amount being required to be paid, and such default continues for thirty (30) days after notice from Aurizon Network to the End User of the default; (b) the End User fails to comply in any material respect with its obligations under Clause 6 and such default continues for, or the End User has failed to take reasonable action to prevent recurrence of the default within, thirty (30) days after notice from Aurizon Network to the End User of the default; (c) an Insolvency Event occurs in relation to the End User and such default continues for a period of sixty (60) days; (d) the End User fails to effect or maintain the insurances required under Clause 7.2 and such default continues for thirty (30) days after notice from Aurizon Network to the End User of the default; (e) the End User fails to establish, maintain or replace the Security as required under this Agreement and such default continues for thirty (30) days after notice from Aurizon Network to the End User of the default; (f) the End User purports to Assign any of its rights or interests in this Agreement other than as permitted by this Agreement; or (g) the End User is in default of the due performance of any other obligation under this Agreement, and such default continues for sixty (60) days after notice from Aurizon Network to the End User of the default, provided that, where Aurizon Network has a right of suspension under Clause 13.1 which arose in respect of the occurrence of the same underlying event or circumstance, Aurizon Network has first exercised its corresponding right of suspension under Clause 13.1 in respect of that event or circumstance.

Termination by Aurizon Network. Without limiting any rights of termination contained elsewhere in this Agreement or otherwise existing at Law, Aurizon Network may, by notice in writing to the Operator and the End User, immediately terminate this Agreement upon the occurrence of any one or more of the following events or circumstances: (a) the End User Operator fails to pay when due any amount said to be payable under this Agreement, other than due to a bona fide dispute regarding whether the amount is payable for which a Dispute Notice has been given in accordance with clause 11.1 18.1 and which has not been resolved in favour of the amount being required to be paid, and such default continues for thirty (30) days after notice from Aurizon Network to the Operator and the End User of the default; (b) the End User Operator fails to comply in any material respect with its with: (i) any obligations under Clause 6 Clauses 6, 8, 9 or 12 (with the exception of Clauses 8.3 and 9.6) of this Agreement; or (ii) any Aurizon Network Train Control Direction within the control of the Operator, any Safeworking Procedures or Safety Standard, and such default continues for, or the End User Operator has failed to take reasonable action to prevent recurrence of the default within, thirty (30) days after notice from Aurizon Network to the Operator and the End User of the default; (c) the Operator fails to comply in any material respect with the Train Service Description and fails to demonstrate to the reasonable satisfaction of Aurizon Network, within sixty (60) days after notice from Aurizon Network to the Operator and the End User to do so, that the Operator will consistently comply with the Train Service Description for the remainder of the Term provided that Aurizon Network, acting reasonably, has determined not to vary the Train Service Description having regard to relevant factors including: (i) the impact on other users of the Infrastructure (including Infrastructure Service Providers); and (ii) the efficient utilisation of the Infrastructure; (d) an Insolvency Event occurs in relation to the End User Operator and such default continues for a period of sixty (60) days; (de) the End User fails to effect Operator’s Accreditation is suspended, cancelled or maintain amended so that it cannot lawfully operate the insurances required Train Services or otherwise perform its obligations generally under Clause 7.2 this Agreement, and such default continues for thirty (30) days after notice from Aurizon Network to the Operator and the End User of the default; (ef) where the Environmental Protection Agency gives the Operator a direction, notice or order about the conduct of the Operator in relation to the operation of Train Services which causes or threatens to cause Serious Environmental Harm and the Operator fails, within the time: (i) specified in the relevant direction, notice or order, or in any stay or other court order made in relation to such direction, notice or order; or (ii) otherwise agreed to by the Environmental Protection Agency, to (iii) comply with the direction, notice or order, as modified by any court order (if applicable); or (iv) take other measures (including, for example, agreeing to implement an environmental management program) acceptable to the Environmental Protection Agency in relation to the requirements of the direction, notice or order, and such failure continues for thirty (30) days after notice by Aurizon Network to the Operator (and copied simultaneously to the End User) to remedy such failure; (g) the End User Operator fails to establish, effect or maintain or replace the Security as insurances required under Clause 14.2 of this Agreement and such default continues for thirty (30) days after notice from Aurizon Network to the Operator and the End User of the default; (fh) the End User Operator purports to Assign any of its rights or interests in this Agreement other than as permitted by this Agreement; or; (gi) the End User Operator is in default of the due performance of any other obligation under this Agreement, and such default continues for sixty (60) days after notice from Aurizon Network to the Operator and the End User of the default; or (j) where, for a period of at least 12 consecutive months, the Train Service Description does not include any Train Services, provided that, where Aurizon Network has a right of suspension under Clause 13.1 20.1 which arose in respect of the occurrence of the same underlying event or circumstance, Aurizon Network has first exercised its corresponding right of suspension under Clause 13.1 20.1 in respect of that event or circumstance.

Termination by Aurizon Network. Without limiting any rights of termination contained elsewhere in this Agreement or otherwise existing at Law, Aurizon Network may, by notice in writing to the Operator and End User, immediately terminate this Agreement upon the occurrence of any one or more of the following events or circumstances: (a) the End User Operator fails to pay when due any amount said to be payable under this Agreement, other than due to a bona fide dispute regarding whether the amount is payable for which a Dispute Notice has been given in accordance with clause 11.1 18.1 and which has not been resolved in favour of the amount being required to be paid, and such default continues for thirty (30) days after notice from Aurizon Network to the Operator and the End User of the default; (b) the End User Operator fails to comply in any material respect with its with: (i) any obligations under Clause 6 Clauses 6, 8, 9 or 12 (with the exception of Clauses 8.3 and 9.6) of this Agreement; or (ii) any Aurizon Network Train Control Direction within the control of the Operator, any Safeworking Procedures or Safety Standard, and such default continues for, or the End User Operator has failed to take reasonable action to prevent recurrence of the default within, thirty (30) days after notice from Aurizon Network to the Operator and the End User of the default; (c) the Operator fails to comply in any material respect with the Train Service Description and fails to demonstrate to the reasonable satisfaction of Aurizon Network, within sixty (60) days after notice from Aurizon Network to the Operator and the End User to do so, that the Operator will consistently comply with the Train Service Description for the remainder of the Term provided that Aurizon Network, acting reasonably, has determined not to vary the Train Service Description having regard to relevant factors including: (i) the impact on other users of the Infrastructure (including Infrastructure Service Providers); and (ii) the efficient utilisation of the Infrastructure; (d) an Insolvency Event occurs in relation to the End User Operator and such default continues for a period of sixty (60) days; (de) the End User fails to effect Operator’s Accreditation is suspended, cancelled or maintain amended so that it cannot lawfully operate the insurances required Train Services or otherwise perform its obligations generally under Clause 7.2 this Agreement, and such default continues for thirty (30) days after notice from Aurizon Network to the Operator and the End User of the default; (ef) where the Environmental Protection Agency gives the Operator a direction, notice or order about the conduct of the Operator in relation to the operation of Train Services which causes or threatens to cause Serious Environmental Harm and the Operator fails, within the time: (i) specified in the relevant direction, notice or order, or in any stay or other court order made in relation to such direction, notice or order; or (ii) otherwise agreed to by the Environmental Protection Agency, to (iii) comply with the direction, notice or order, as modified by any court order (if applicable); or (iv) take other measures (including, for example, agreeing to implement an environmental management program) acceptable to the Environmental Protection Agency in relation to the requirements of the direction, notice or order, and such failure continues for thirty (30) days after notice by Aurizon Network to the Operator (and copied simultaneously to the End User) to remedy such failure; (g) the End User Operator fails to establish, effect or maintain or replace the Security as insurances required under Clause 14.2 of this Agreement and such default continues for thirty (30) days after notice from Aurizon Network to the Operator and the End User of the default; (fh) the End User Operator purports to Assign any of its rights or interests in this Agreement other than as permitted by this Agreement; or; (gi) the End User Operator is in default of the due performance of any other obligation under this Agreement, and such default continues for sixty (60) days after notice from Aurizon Network to the Operator and the End User of the default; or (j) where, for a period of at least 12 consecutive months, the Train Service Description does not include any Train Services, provided that, where Aurizon Network has a right of suspension under Clause 13.1 20.1 which arose in respect of the occurrence of the same underlying event or circumstance, Aurizon Network has first exercised its corresponding right of suspension under Clause 13.1 20.1 in respect of that event or circumstance.