Common use of Termination by the Operator Clause in Contracts

Termination by the Operator. Without limiting any rights of termination contained elsewhere in this Agreement or otherwise existing at Law, the Operator may, by notice in writing to Aurizon Network and the End User, immediately terminate this Agreement upon the occurrence of any one or more of the following events or circumstances: (a) an Insolvency Event in relation to Aurizon Network occurs and such default continues for a period of sixty (60) days; (b) Aurizon Network’s Accreditation is cancelled such that it cannot perform its obligations generally under this Agreement, and such default continues for thirty (30) days after notice from the Operator to Aurizon Network and the End User of the default; (c) Aurizon Network 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 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 the Operator to Aurizon Network and the End User of the default; (d) Aurizon Network 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 the Operator to Aurizon Network and the End User of the default.

Termination by the Operator. Without limiting any rights of termination contained elsewhere in this Agreement or otherwise existing at Law, the Operator may, by notice in writing to Aurizon QRAurizon Network and the End User, immediately terminate this Agreement upon the occurrence of any one or more of the following events or circumstances: (a) an Insolvency Event in relation to Aurizon QRAurizon Network occurs and such default continues for a period of sixty (60) days; (b) Aurizon QRAurizon Network’s Accreditation is cancelled such that it cannot perform its obligations generally under this Agreement, and such default continues for thirty (30) days after notice from the Operator to Aurizon QRAurizon Network and the End User of the default; (c) Aurizon QRAurizon Network 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 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 the Operator to Aurizon QRAurizon Network and the End User of the default; (d) Aurizon QRAurizon Network 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 the Operator to Aurizon QRAurizon Network and the End User of the default.