Common use of Termination for Loss or Damage to Nominated Network Clause in Contracts

Termination for Loss or Damage to Nominated Network. (a) In the event that any part of the Nominated Network specified in Part 2 of Schedule 2 is damaged or destroyed by a Force Majeure Event and in Aurizon Network’s reasonable opinion the cost of repairing such damage or replacing that part of the Nominated Network is not economic on the basis of the then and committed future utilisation of that part of the Nominated Network, Aurizon Network may by written notice advise the Operator of: (i) the estimated cost of effecting the necessary repairs or replacement; and (ii) Aurizon Network’s intention to not repair or replace the relevant part of the Nominated Network unless: (A) the Operator or End User; and (B) any other Railway Operator using that part of the Nominated Network, pay the amounts specified by Aurizon Network towards the cost of effecting the necessary repairs or replacement, provided that such notice must also be given to the End User pursuant to clause 12.5 of the End User Access Agreement. (b) If the Operator or the End User pursuant to the End User Access Agreement (as applicable) gives notice to Aurizon Network advising that it will bear the whole, or that part requested by Aurizon Network, of the cost of necessary repairs or replacement, then Aurizon Network will proceed with the repairs or replacement within a reasonable time after receipt by Aurizon Network from the Operator or End User of payment of the relevant amount subject to reaching agreement with any other Railway Operator using the affected part of the Nominated Network. Where the Operator or End User pays to Aurizon Network the whole of the estimated cost, Aurizon Network must, upon completion of the necessary repairs or replacement, refund to the Operator or End User (as applicable) any amount by which the amount paid by the Operator or End User exceeds the actual cost and the Operator or End User (as applicable) shall pay to Aurizon Network the amount by which the actual cost exceeds the amount paid by the Operator or End User. (c) If within sixty (60) days after receipt of a notice from Aurizon Network under Clause 19.5(a) the Operator or End User has not given notice to Aurizon Network pursuant to Clause 19.5(b) indicating that it will pay the whole, or that part requested by Aurizon Network, of the cost of the necessary repairs or replacement, Aurizon Network shall have the right to terminate this Agreement by giving not less than thirty (30) days notice in writing to the Operator and the End User without prejudice to any of the rights of the Parties accrued prior to the date of such termination.

Termination for Loss or Damage to Nominated Network. (a) In the event that any part of the Nominated Network specified in Part 2 of Schedule 2 is damaged or destroyed by a Force Majeure Event and in Aurizon Network’s reasonable opinion the cost of repairing such damage or replacing that part of the Nominated Network is not economic on the basis of the then and committed future utilisation of that part of the Nominated Network, Aurizon Network may by written notice advise the Operator End User of: (i) the estimated cost of effecting the necessary repairs or replacement; and (ii) Aurizon Network’s intention to not repair or replace the relevant part of the Nominated Network unless: (A) unless the Operator or End User; and (B) User and any other Railway Operator using that part of the Nominated Network, Network pay the amounts specified by Aurizon Network towards the cost of effecting the necessary repairs or replacement, provided that such notice must also be given to the End User pursuant to clause 12.5 of the End User Access Agreement. (b) If the Operator or the End User pursuant to the End User Access Agreement (as applicable) gives notice to Aurizon Network advising that it will bear the whole, or that part requested by Aurizon Network, of the cost of necessary repairs or replacement, then Aurizon Network will proceed with the repairs or replacement within a reasonable time after receipt by Aurizon Network from the Operator or End User of payment of the relevant amount subject to reaching agreement with any other Railway Operator using the affected part of the Nominated Network. Where the Operator or End User pays to Aurizon Network the whole of the estimated cost, Aurizon Network must, upon completion of the necessary repairs or replacement, refund to the Operator or End User (as applicable) any amount by which the amount paid by the Operator or End User exceeds the actual cost and the Operator or End User (as applicable) shall pay to Aurizon Network the amount by which the actual cost exceeds the amount paid by the Operator or End User. (c) If within sixty (60) days after receipt of a notice from Aurizon Network under Clause 19.5(a12.5(a) the Operator or End User has not given notice to Aurizon Network pursuant to Clause 19.5(b12.5(b) indicating that it will pay the whole, or that part requested by Aurizon Network, of the cost of the necessary repairs or replacement, Aurizon Network shall have the right to terminate this Agreement by giving not less than thirty (30) days notice in writing to the Operator and the End User User, without prejudice to any of the rights of the Parties accrued prior to the date of such termination.

Termination for Loss or Damage to Nominated Network. (a) In the event that any part of the Nominated Network specified in Part 2 of Schedule 2 is damaged or destroyed by a Force Majeure Event and in Aurizon NetworkQR’s reasonable opinion the cost of repairing such damage or replacing that part of the Nominated Network is not economic on the basis of the then and committed future utilisation of that part of the Nominated Network, Aurizon Network QR may by written notice advise the Operator Access Holder of: (i) the estimated cost of effecting the necessary repairs or replacement; and (ii) Aurizon NetworkQR’s intention to not repair or replace the relevant part of the Nominated Network unless: (A) unless the Operator or End User; and (B) Access Holder and any other Railway Third Party Operator using that part of the Nominated Network, Network pay the amounts specified by Aurizon Network QR towards the cost of effecting the necessary repairs or replacement, provided that such notice must also be given to the End User pursuant to clause 12.5 of the End User Access Agreement. (b) If the Operator or the End User pursuant to the End User Access Agreement (as applicable) Holder gives notice to Aurizon Network QR advising that it will bear the whole, or that part requested by Aurizon NetworkQR, of the cost of necessary repairs or replacement, then Aurizon Network QR will proceed with the repairs or replacement within a reasonable time after receipt by Aurizon Network QR from the Operator or End User Access Holder of payment of the relevant amount subject to reaching agreement with any other Railway Third Party Operator using the affected part of the Nominated Network. Where the Operator or End User Access Holder pays to Aurizon Network QR the whole of the estimated cost, Aurizon Network QR must, upon completion of the necessary repairs or replacement, refund to the Operator or End User (as applicable) Access Holder any amount by which the amount paid by the Operator or End User Access Holder exceeds the actual cost and the Operator or End User (as applicable) Access Holder shall pay to Aurizon Network QR the amount by which the actual cost exceeds the amount paid by the Operator or End UserAccess Holder. (c) If within sixty (60) days after receipt of a notice from Aurizon Network QR under Clause 19.5(a18.5(a) the Operator or End User Access Holder has not given notice to Aurizon Network QR pursuant to Clause 19.5(b18.5(b) indicating that it will pay the whole, or that part requested by Aurizon NetworkQR, of the cost of the necessary repairs or replacement, Aurizon Network QR shall have the right to terminate this Agreement by giving not less than thirty (30) days notice in writing to the Operator and the End User Access Holder, without prejudice to any of the rights of the Parties accrued prior to the date of such termination.

Termination for Loss or Damage to Nominated Network. (a) In the event that any part of the Nominated Network specified in Part 2 of Schedule 2 is damaged or destroyed by a Force Majeure Event and in Aurizon QR Network’s reasonable opinion the cost of repairing such damage or replacing that part of the Nominated Network is not economic on the basis of the then and committed future utilisation of that part of the Nominated Network, Aurizon QR Network may by written notice advise the Operator of: (i) the estimated cost of effecting the necessary repairs or replacement; and (ii) Aurizon Network’s its intention to not repair or replace the relevant part of the Nominated Network unless: (A) unless the Operator or End User; and (B) and any other Railway Operator using that part of the Nominated Network, Network pay the amounts specified by Aurizon QR Network towards the cost of effecting the necessary repairs or replacement, provided that such notice must also be given to the End User pursuant to clause 12.5 of the End User Access Agreement. (b) If the Operator or the End User pursuant to the End User Access Agreement (as applicable) gives notice to Aurizon QR Network advising that it will bear the whole, or that part requested by Aurizon QR Network, of the cost of necessary repairs or replacement, then Aurizon QR Network will proceed with the repairs or replacement within a reasonable time after receipt by Aurizon QR Network from the Operator or End User of payment of the relevant amount subject to reaching agreement with any other Railway Operator using the affected part of the Nominated Network. Where the Operator or End User pays to Aurizon QR Network the whole of the estimated cost, Aurizon QR Network must, upon completion of the necessary repairs or replacement, refund to the Operator or End User (as applicable) any amount by which the amount paid by the Operator or End User exceeds the actual cost and the Operator or End User (as applicable) shall pay to Aurizon QR Network the amount by which the actual cost exceeds the amount paid by the Operator or End UserOperator. (c) If within sixty (60) days after receipt of a notice from Aurizon QR Network under Clause 19.5(a18.5(a) the Operator or End User has not given notice to Aurizon QR Network pursuant to Clause 19.5(b18.5(b) indicating that it will pay the whole, or that part requested by Aurizon QR Network, of the cost of the necessary repairs or replacement, Aurizon QR Network shall have the right to terminate this Agreement by giving not less than thirty (30) days notice in writing to the Operator and the End User without prejudice to any of the rights of the Parties accrued prior to the date of such termination.

Termination for Loss or Damage to Nominated Network. (a) In the event that any part of the Nominated Network specified in Part 2 of Schedule 2 is damaged or destroyed by a Force Majeure Event and in Aurizon QR Network’s reasonable opinion the cost of repairing such damage or replacing that part of the Nominated Network is not economic on the basis of the then and committed future utilisation of that part of the Nominated Network, Aurizon QR Network may by written notice advise the Operator End User of: (i) the estimated cost of effecting the necessary repairs or replacement; and (ii) Aurizon QR Network’s intention to not repair or replace the relevant part of the Nominated Network unless: (A) unless the Operator or End User; and (B) User and any other Railway Operator using that part of the Nominated Network, Network pay the amounts specified by Aurizon QR Network towards the cost of effecting the necessary repairs or replacement, provided that such notice must also be given to the End User pursuant to clause 12.5 of the End User Access Agreement. (b) If the Operator or the End User pursuant to the End User Access Agreement (as applicable) gives notice to Aurizon QR Network advising that it will bear the whole, or that part requested by Aurizon QR Network, of the cost of necessary repairs or replacement, then Aurizon QR Network will proceed with the repairs or replacement within a reasonable time after receipt by Aurizon QR Network from the Operator or End User of payment of the relevant amount subject to reaching agreement with any other Railway Operator using the affected part of the Nominated Network. Where the Operator or End User pays to Aurizon QR Network the whole of the estimated cost, Aurizon QR Network must, upon completion of the necessary repairs or replacement, refund to the Operator or End User (as applicable) any amount by which the amount paid by the Operator or End User exceeds the actual cost and the Operator or End User (as applicable) shall pay to Aurizon QR Network the amount by which the actual cost exceeds the amount paid by the Operator or End User. (c) If within sixty (60) days after receipt of a notice from Aurizon QR Network under Clause 19.5(a12.5 (a) the Operator or End User has not given notice to Aurizon QR Network pursuant to Clause 19.5(b12.5(b) indicating that it will pay the whole, or that part requested by Aurizon QR Network, of the cost of the necessary repairs or replacement, Aurizon QR Network shall have the right to terminate this Agreement by giving not less than thirty (30) days notice in writing to the Operator and the End User User, without prejudice to any of the rights of the Parties accrued prior to the date of such termination.

Termination for Loss or Damage to Nominated Network. (a) In the event that any part of the Nominated Network specified in Part 2 of Schedule 2 is damaged or destroyed by a Force Majeure Event and in Aurizon QRAurizon Network’s reasonable opinion the cost of repairing such damage or replacing that part of the Nominated Network is not economic on the basis of the then and committed future utilisation of that part of the Nominated Network, Aurizon QRAurizon Network may by written notice advise the Operator of: (i) the estimated cost of effecting the necessary repairs or replacement; and (ii) and Aurizon Network’s intention to not repair or replace the relevant part of the Nominated Network unless: (A) : the Operator or End User; and (B) and any other Railway Operator using that part of the Nominated Network, , (ii) QR Network’s intention to not repair or replace the relevant part of the Nominated Network unless the Operator and any other Railway Operator using that part of the Nominated Network pay the amounts specified by Aurizon QRAurizon Network towards the cost of effecting the necessary repairs or replacement, provided that such notice must also be given to the End User pursuant to clause 12.5 of the End User Access Agreement. (b) If the Operator or the End User pursuant to the End User Access Agreement (as applicable) gives notice to Aurizon QRAurizon Network advising that it will bear the whole, or that part requested by Aurizon QRAurizon Network, of the cost of necessary repairs or replacement, then Aurizon QRAurizon Network will proceed with the repairs or replacement within a reasonable time after receipt by Aurizon QRAurizon Network from the Operator or End User of payment of the relevant amount subject to reaching agreement with any other Railway Operator using the affected part of the Nominated Network. Where the Operator or End User pays to Aurizon QRAurizon Network the whole of the estimated cost, Aurizon QRAurizon Network must, upon completion of the necessary repairs or replacement, refund to the Operator or End User (as applicable) any amount by which the amount paid by the Operator or End User exceeds the actual cost and the Operator or End User (as applicable) shall pay to Aurizon QRAurizon Network the amount by which the actual cost exceeds the amount paid by the Operator or End User. (c) If within sixty (60) days after receipt of a notice from Aurizon QRAurizon Network under Clause 19.5(a) the Operator or End User has not given notice to Aurizon QRAurizon Network pursuant to Clause 19.5(b) indicating that it will pay the whole, or that part requested by Aurizon QRAurizon Network, of the cost of the necessary repairs or replacement, Aurizon QRAurizon Network shall have the right to terminate this Agreement by giving not less than thirty (30) days notice in writing to the Operator and the End User without prejudice to any of the rights of the Parties accrued prior to the date of such termination.

Termination for Loss or Damage to Nominated Network. (a) In the event that any part of the Nominated Network specified in Part 2 of Schedule 2 is damaged or destroyed by a Force Majeure Event and in Aurizon QR Network’s reasonable opinion the cost of repairing such damage or replacing that part of the Nominated Network is not economic on the basis of the then and committed future utilisation of that part of the Nominated Network, Aurizon QR Network may by written notice advise the Operator End User of: (i) the estimated cost of effecting the necessary repairs or replacement; and (ii) Aurizon QR Network’s intention to not repair or replace the relevant part of the Nominated Network unless: (A) unless the Operator or End User; and (B) User and any other Railway Operator using that part of the Nominated Network, Network pay the amounts specified by Aurizon QR Network towards the cost of effecting the necessary repairs or replacement, provided that such notice must also be given to the End User pursuant to clause 12.5 of the End User Access Agreement. (b) If the Operator or the End User pursuant to the End User Access Agreement (as applicable) gives notice to Aurizon QR Network advising that it will bear the whole, or that part requested by Aurizon QR Network, of the cost of necessary repairs or replacement, then Aurizon QR Network will proceed with the repairs or replacement within a reasonable time after receipt by Aurizon QR Network from the Operator or End User of payment of the relevant amount subject to reaching agreement with any other Railway Operator using the affected part of the Nominated Network. Where the Operator or End User pays to Aurizon QR Network the whole of the estimated cost, Aurizon QR Network must, upon completion of the necessary repairs or replacement, refund to the Operator or End User (as applicable) any amount by which the amount paid by the Operator or End User exceeds the actual cost and the Operator or End User (as applicable) shall pay to Aurizon QR Network the amount by which the actual cost exceeds the amount paid by the Operator or End User. (c) If within sixty (60) days after receipt of a notice from Aurizon QR Network under Clause 19.5(a12.5(a) the Operator or End User has not given notice to Aurizon QR Network pursuant to Clause 19.5(b12.5(b) indicating that it will pay the whole, or that part requested by Aurizon QR Network, of the cost of the necessary repairs or replacement, Aurizon QR Network shall have the right to terminate this Agreement by giving not less than thirty (30) days notice in writing to the Operator and the End User User, without prejudice to any of the rights of the Parties accrued prior to the date of such termination.

Termination for Loss or Damage to Nominated Network. (a) In the event that any part of the Nominated Network specified in Part 2 of Schedule 2 is damaged or destroyed by a Force Majeure Event and in Aurizon NetworkQR’s reasonable opinion the cost of repairing such damage or replacing that part of the Nominated Network is not economic on the basis of the then and committed future utilisation of that part of the Nominated Network, Aurizon Network QR may by written notice advise the Operator Access Holder of: (i) the estimated cost of effecting the necessary repairs or replacement; and (ii) Aurizon NetworkQR’s intention to not repair or replace the relevant part of the Nominated Network unless: (A) unless the Operator or End User; and (B) Access Holder and any other Railway Operator using that part of the Nominated Network, Network pay the amounts specified by Aurizon Network QR towards the cost of effecting the necessary repairs or replacement, provided that such notice must also be given to the End User pursuant to clause 12.5 of the End User Access Agreement. (b) If the Operator or the End User pursuant to the End User Access Agreement (as applicable) Holder gives notice to Aurizon Network QR advising that it will bear the whole, or that part requested by Aurizon NetworkQR, of the cost of necessary repairs or replacement, then Aurizon Network QR will proceed with the repairs or replacement within a reasonable time after receipt by Aurizon Network QR from the Operator or End User Access Holder of payment of the relevant amount subject to reaching agreement with any other Railway Operator using the affected part of the Nominated Network. Where the Operator or End User Access Holder pays to Aurizon Network QR the whole of the estimated cost, Aurizon Network QR must, upon completion of the necessary repairs or replacement, refund to the Operator or End User (as applicable) Access Holder any amount by which the amount paid by the Operator or End User Access Holder exceeds the actual cost and the Operator or End User (as applicable) Access Holder shall pay to Aurizon Network QR the amount by which the actual cost exceeds the amount paid by the Operator or End UserAccess Holder. (c) If within sixty (60) days after receipt of a notice from Aurizon Network QR under Clause 19.5(a18.5(a) the Operator or End User Access Holder has not given notice to Aurizon Network QR pursuant to Clause 19.5(b18.5(b) indicating that it will pay the whole, or that part requested by Aurizon NetworkQR, of the cost of the necessary repairs or replacement, Aurizon Network QR shall have the right to terminate this Agreement by giving not less than thirty (30) days notice in writing to the Operator and the End User Access Holder, without prejudice to any of the rights of the Parties accrued prior to the date of such termination.

Termination for Loss or Damage to Nominated Network. (a) In the event that any part of the Nominated Network specified in Part 2 of Schedule 2 is damaged or destroyed by a Force Majeure Event and in Aurizon QR Network’s reasonable opinion the cost of repairing such damage or replacing that part of the Nominated Network is not economic on the basis of the then and committed future utilisation of that part of the Nominated Network, Aurizon QR Network may by written notice advise the Operator End User of: (i) the estimated cost of effecting the necessary repairs or replacement; and (ii) Aurizon QR Network’s intention to not repair or replace the relevant part of the Nominated Network unless: (A) unless the Operator or End User; and (B) User and any other Railway Operator using that part of the Nominated Network, Network pay the amounts specified by Aurizon QR Network towards the cost of effecting the necessary repairs or replacement, provided that such notice must also be given to the End User pursuant to clause 12.5 of the End User Access Agreement. (b) If the Operator or the End User pursuant to the End User Access Agreement (as applicable) gives notice to Aurizon QR Network advising that it will bear the whole, or that part requested by Aurizon QR Network, of the cost of necessary repairs or replacement, then Aurizon QR Network will proceed with the repairs or replacement within a reasonable time after receipt by Aurizon QR Network from the Operator or End User of payment of the relevant amount subject to reaching agreement with any other Railway Operator using the affected part of the Nominated Network. Where the Operator or End User pays to Aurizon QR Network the whole of the estimated cost, Aurizon QR Network must, upon completion of the necessary repairs or replacement, refund to the Operator or End User (as applicable) any amount by which the amount paid by the Operator or End User exceeds the actual cost and the Operator or End User (as applicable) shall pay to Aurizon QR Network the amount by which the actual cost exceeds the amount paid by the Operator or End User. (c) If within sixty (60) days after receipt of a notice from Aurizon QR Network under Clause 19.5(a12.5 (a) the Operator or End User has not given notice to Aurizon QR Network pursuant to Clause 19.5(b12.5(b) indicating that it will pay the whole, or that part requested by Aurizon QR Network, of the cost of the necessary repairs or replacement, Aurizon QR Network shall have the right to terminate this Agreement by giving not less than thirty (30) days notice in writing to the Operator and the End User without prejudice to any of the rights of the Parties accrued prior to the date of such termination.thirty

Termination for Loss or Damage to Nominated Network. (a) In the event that any part of the Nominated Network specified in Part 2 of Schedule 2 is damaged or destroyed by a Force Majeure Event and in Aurizon QR Network’s reasonable opinion the cost of repairing such damage or replacing that part of the Nominated Network is not economic on the basis of the then and committed future utilisation of that part of the Nominated Network, Aurizon QR Network may by written notice advise the Operator of: (i) the estimated cost of effecting the necessary repairs or replacement; and (ii) Aurizon Network’s its intention to not repair or replace the relevant part of the Nominated Network unless: (A) unless the Operator or End User; and (B) and any other Railway Operator using that part of the Nominated Network, Network pay the amounts specified by Aurizon QR Network towards the cost of effecting the necessary repairs or replacement, provided that such notice must also be given to the End User pursuant to clause 12.5 of the End User Access Agreement. (b) If the Operator or the End User pursuant to the End User Access Agreement (as applicable) gives notice to Aurizon QR Network advising that it will bear the whole, or that part requested by Aurizon QR Network, of the cost of necessary repairs or replacement, then Aurizon QR Network will proceed with the repairs or replacement within a reasonable time after receipt by Aurizon QR Network from the Operator or End User of payment of the relevant amount subject to reaching agreement with any other Railway Operator using the affected part of the Nominated Network. Where the Operator or End User pays to Aurizon QR Network the whole of the estimated cost, Aurizon QR Network must, upon completion of the necessary repairs or replacement, refund to the Operator or End User (as applicable) any amount by which the amount paid by the Operator or End User exceeds the actual cost and the Operator or End User (as applicable) shall pay to Aurizon QR Network the amount by which the actual cost exceeds the amount paid by the Operator or End UserOperator. (c) If within sixty (60) days after receipt of a notice from Aurizon QR Network under Clause 19.5(a18.5(a) the Operator or End User has not given notice to Aurizon QR Network pursuant to Clause 19.5(b) indicating that it will pay the whole, or that part requested by Aurizon Network, of the cost of the necessary repairs or replacement, Aurizon Network shall have the right to terminate this Agreement by giving not less than thirty (30) days notice in writing to the Operator and the End User without prejudice to any of the rights of the Parties accrued prior to the date of such termination.to

Termination for Loss or Damage to Nominated Network. (a) In the event that any part of the Nominated Network specified in Part 2 of Schedule 2 is damaged or destroyed by a Force Majeure Event and in Aurizon QR Network’s reasonable opinion the cost of repairing such damage or replacing that part of the Nominated Network is not economic on the basis of the then and committed future utilisation of that part of the Nominated Network, Aurizon QR Network may by written notice advise the Operator of: (i) the estimated cost of effecting the necessary repairs or replacement; and (ii) Aurizon QR Network’s intention to not repair or replace the relevant part of the Nominated Network unless: (A) unless the Operator or End User; and (B) and any other Railway Operator using that part of the Nominated Network, Network pay the amounts specified by Aurizon QR Network towards the cost of effecting the necessary repairs or replacement, provided that such notice must also be given to the End User pursuant to clause 12.5 of the End User Access Agreement. (b) If the Operator or the End User pursuant to the End User Access Agreement (as applicable) gives notice to Aurizon QR Network advising that it will bear the whole, or that part requested by Aurizon QR Network, of the cost of necessary repairs or replacement, then Aurizon QR Network will proceed with the repairs or replacement within a reasonable time after receipt by Aurizon QR Network from the Operator or End User of payment of the relevant amount subject to reaching agreement with any other Railway Operator using the affected part of the Nominated Network. Where the Operator or End User pays to Aurizon QR Network the whole of the estimated cost, Aurizon QR Network must, upon completion of the necessary repairs or replacement, refund to the Operator or End User (as applicable) any amount by which the amount paid by the Operator or End User exceeds the actual cost and the Operator or End User (as applicable) shall pay to Aurizon QR Network the amount by which the actual cost exceeds the amount paid by the Operator or End UserOperator. (c) If within sixty (60) days after receipt of a notice from Aurizon QR Network under Clause 19.5(a) the Operator or End User has not given notice to Aurizon QR Network pursuant to Clause 19.5(b) indicating that it will pay the whole, or that part requested by Aurizon QR Network, of the cost of the necessary repairs or replacement, Aurizon QR Network shall have the right to terminate this Agreement by giving not less than thirty (30) days notice in writing to the Operator and the End User without prejudice to any of the rights of the Parties accrued prior to the date of such termination.

Termination for Loss or Damage to Nominated Network. (a) In the event that any part of the Nominated Network specified in Part 2 of Schedule 2Schedule 2 is damaged or destroyed by a Force Majeure Event and in Aurizon Network’s QR Network‟s reasonable opinion the cost of repairing such damage or replacing that part of the Nominated Network is not economic on the basis of the then and committed future utilisation of that part of the Nominated Network, Aurizon QR Network may by written notice advise the Operator of: (i) the estimated cost of effecting the necessary repairs or replacement; and (ii) Aurizon Network’s QR Network‟s intention to not repair or replace the relevant part of the Nominated Network unless: (A) unless the Operator or End User; and (B) and any other Railway Operator using that part of the Nominated Network, Network pay the amounts specified by Aurizon QR Network towards the cost of effecting the necessary repairs or replacement, provided that such notice must also be given to the End User pursuant to clause 12.5 of the End User Access Agreement. (b) If the Operator or the End User pursuant to the End User Access Agreement (as applicable) gives notice to Aurizon QR Network advising that it will bear the whole, or that part requested by Aurizon QR Network, of the cost of necessary repairs or replacement, then Aurizon QR Network will proceed with the repairs or replacement within a reasonable time after receipt by Aurizon QR Network from the Operator or End User of payment of the relevant amount subject to reaching agreement with any other Railway Operator using the affected part of the Nominated Network. Where the Operator or End User pays to Aurizon QR Network the whole of the estimated cost, Aurizon QR Network must, upon completion of the necessary repairs or replacement, refund to the Operator or End User (as applicable) any amount by which the amount paid by the Operator or End User exceeds the actual cost and the Operator or End User (as applicable) shall pay to Aurizon QR Network the amount by which the actual cost exceeds the amount paid by the Operator or End UserOperator. (c) If within sixty (60) days after receipt of a notice from Aurizon QR Network under Clause 19.5(a) the Operator or End User has not given notice to Aurizon QR Network pursuant to Clause 19.5(b) indicating that it will pay the whole, or that part requested by Aurizon QR Network, of the cost of the necessary repairs or replacement, Aurizon QR Network shall have the right to terminate this Agreement by giving not less than thirty (30) days notice in writing to the Operator and the End User without prejudice to any of the rights of the Parties accrued prior to the date of such termination.

Termination for Loss or Damage to Nominated Network. Formatted: Font: Bold, Not All caps Schedule (a) In the event that any part of the Nominated Network specified in Part 2 of Schedule 2Schedule 2 is damaged or destroyed by a Force Majeure Event and in Aurizon QR Network’s reasonable opinion the cost of repairing such damage or replacing that part of the Nominated Network is not economic on the basis of the then and committed future utilisation of that part of the Nominated Network, Aurizon QR Network may by written notice advise the Operator of: (i) the estimated cost of effecting the necessary repairs or replacement; and (ii) Aurizon QR Network’s intention to not repair or replace the relevant part of the Nominated Network unless: (A) the Operator or End User; and (B) any other Railway Operator using that part of the Nominated Network, pay the amounts specified by Aurizon QR Network towards the cost of effecting the necessary repairs or replacement, provided that such notice must also be given to the End User pursuant to clause 12.5 of the General Conditions of Contract of the End User Access Agreement. (b) If the Operator or the End User pursuant to the End User Access Agreement (as applicable) gives notice to Aurizon QR Network advising that it will bear the whole, or that part requested by Aurizon QR Network, of the cost of necessary repairs or replacement, then Aurizon QR Network will proceed with the repairs or replacement within a reasonable time after receipt by Aurizon QR Network from the Operator or End User of payment of the relevant amount subject to reaching agreement with any other Railway Operator using the affected part of the Nominated Network. Where the Operator or End User pays to Aurizon QR Network the whole of the estimated cost, Aurizon QR Network must, upon completion of the necessary repairs or replacement, refund to the Operator or End User (as applicable) any amount by which the amount paid by the Operator or End User exceeds the actual cost and the Operator or End User (as applicable) shall pay to Aurizon QR Network the amount by which the actual cost exceeds the amount paid by the Operator or End User. (c) If within sixty (60) days after receipt of a notice from Aurizon QR Network under Clause 19.5(a19.5 (a) the Operator or End User has not given notice to Aurizon QR Network pursuant to Clause 19.5(b) indicating that it will pay the whole, or that part requested by Aurizon QR Network, of the cost of the necessary repairs or replacement, Aurizon QR Network shall have the right to terminate this Agreement by giving not less than thirty (30) days notice in writing to the Operator and the End User without prejudice to any of the rights of the Parties accrued prior to the date of such termination.

Termination for Loss or Damage to Nominated Network. (a) In the event that any part of the Nominated Network specified in Part 2 of Schedule 2 is damaged or destroyed by a Force Majeure Event and in Aurizon QR Network’s reasonable opinion the cost of repairing such damage or replacing that part of the Nominated Network is not economic on the basis of the then and committed future utilisation of that part of the Nominated Network, Aurizon QR Network may by written notice advise the Operator Access Holder of: (i) the estimated cost of effecting the necessary repairs or replacement; and (ii) Aurizon QR Network’s intention to not repair or replace the relevant part of the Nominated Network unless: (A) unless the Operator or End User; and (B) Access Holder and any other Railway Operator using that part of the Nominated Network, Network pay the amounts specified by Aurizon QR Network towards the cost of effecting the necessary repairs or replacement, provided that such notice must also be given to the End User pursuant to clause 12.5 of the End User Access Agreement. (b) If the Operator or the End User pursuant to the End User Access Agreement (as applicable) Holder gives notice to Aurizon QR Network advising that it will bear the whole, or that part requested by Aurizon QR Network, of the cost of necessary repairs or replacement, then Aurizon QR Network will proceed with the repairs or replacement within a reasonable time after receipt by Aurizon QR Network from the Operator or End User Access Holder of payment of the relevant amount subject to reaching agreement with any other Railway Operator using the affected part of the Nominated Network. Where the Operator or End User Access Holder pays to Aurizon QR Network the whole of the estimated cost, Aurizon QR Network must, upon completion of the necessary repairs or replacement, refund to the Operator or End User (as applicable) Access Holder any amount by which the amount paid by the Operator or End User Access Holder exceeds the actual cost and the Operator or End User (as applicable) Access Holder shall pay to Aurizon QR Network the amount by which the actual cost exceeds the amount paid by the Operator or End UserAccess Holder. (c) If within sixty (60) days after receipt of a notice from Aurizon QR Network under Clause 19.5(a18.5(a) the Operator or End User Access Holder has not given notice to Aurizon QR Network pursuant to Clause 19.5(b18.5(b) indicating that it will pay the whole, or that part requested by Aurizon QR Network, of the cost of the necessary repairs or replacement, Aurizon QR Network shall have the right to terminate this Agreement by giving not less than thirty (30) days notice in writing to the Operator and the End User Access Holder, without prejudice to any of the rights of the Parties accrued prior to the date of such termination.

Termination for Loss or Damage to Nominated Network. (a) In the event that any part of the Nominated Network specified in Part 2 of Schedule 2 is damaged or destroyed by a Force Majeure Event and in Aurizon QRAurizon Network’s reasonable opinion the cost of repairing such damage or replacing that part of the Nominated Network is not economic on the basis of the then and committed future utilisation of that part of the Nominated Network, Aurizon QRAurizon Network may by written notice advise the Operator End User of: (i) the estimated cost of effecting the necessary repairs or replacement; and (ii) Aurizon QRAurizon Network’s intention to not repair or replace the relevant part of the Nominated Network unless: (A) unless the Operator or End User; and (B) User and any other Railway Operator using that part of the Nominated Network, Network pay the amounts specified by Aurizon QRAurizon Network towards the cost of effecting the necessary repairs or replacement, provided that such notice must also be given to the End User pursuant to clause 12.5 of the End User Access Agreement. (b) If the Operator or the End User pursuant to the End User Access Agreement (as applicable) gives notice to Aurizon QRAurizon Network advising that it will bear the whole, or that part requested by Aurizon QRAurizon Network, of the cost of necessary repairs or replacement, then Aurizon QRAurizon Network will proceed with the repairs or replacement within a reasonable time after receipt by Aurizon QRAurizon Network from the Operator or End User of payment of the relevant amount subject to reaching agreement with any other Railway Operator using the affected part of the Nominated Network. Where the Operator or End User pays to Aurizon QRAurizon Network the whole of the estimated cost, Aurizon QRAurizon Network must, upon completion of the necessary repairs or replacement, refund to the Operator or End User (as applicable) any amount by which the amount paid by the Operator or End User exceeds the actual cost and the Operator or End User (as applicable) shall pay to Aurizon QRAurizon Network the amount by which the actual cost exceeds the amount paid by the Operator or End User. (c) If within sixty (60) days after receipt of a notice from Aurizon QRAurizon Network under Clause 19.5(a12.5(a) the Operator or End User has not given notice to Aurizon QRAurizon Network pursuant to Clause 19.5(b12.5(b) indicating that it will pay the whole, or that part requested by Aurizon QRAurizon Network, of the cost of the necessary repairs or replacement, Aurizon QRAurizon Network shall have the right to terminate this Agreement by giving not less than thirty (30) days notice in writing to the Operator and the End User User, without prejudice to any of the rights of the Parties accrued prior to the date of such termination.

Termination for Loss or Damage to Nominated Network. (a) In the event that any part of the Nominated Network specified in Part 2 of Schedule 2 is damaged or destroyed by a Force Majeure Event and in Aurizon Network’s QR Network‟s reasonable opinion the cost of repairing such damage or replacing that part of the Nominated Network is not economic on the basis of the then and committed future utilisation of that part of the Nominated Network, Aurizon QR Network may by written notice advise the Operator End User of: (i) the estimated cost of effecting the necessary repairs or replacement; and (ii) Aurizon Network’s QR Network‟s intention to not repair or replace the relevant part of the Nominated Network unless: (A) unless the Operator or End User; and (B) User and any other Railway Operator using that part of the Nominated Network, Network pay the amounts specified by Aurizon QR Network towards the cost of effecting the necessary repairs or replacement, provided that such notice must also be given to the End User pursuant to clause 12.5 of the End User Access Agreement. (b) If the Operator or the End User pursuant to the End User Access Agreement (as applicable) gives notice to Aurizon QR Network advising that it will bear the whole, or that part requested by Aurizon QR Network, of the cost of necessary repairs or replacement, then Aurizon QR Network will proceed with the repairs or replacement within a reasonable time after receipt by Aurizon QR Network from the Operator or End User of payment of the relevant amount subject to reaching agreement with any other Railway Operator using the affected part of the Nominated Network. Where the Operator or End User pays to Aurizon QR Network the whole of the estimated cost, Aurizon QR Network must, upon completion of the necessary repairs or replacement, refund to the Operator or End User (as applicable) any amount by which the amount paid by the Operator or End User exceeds the actual cost and the Operator or End User (as applicable) shall pay to Aurizon QR Network the amount by which the actual cost exceeds the amount paid by the Operator or End User. (c) If within sixty (60) days after receipt of a notice from Aurizon QR Network under Clause 19.5(a13.5(a) the Operator or End User has not given notice to Aurizon QR Network pursuant to Clause 19.5(b13.5(b) indicating that it will pay the whole, or that part requested by Aurizon QR Network, of the cost of the necessary repairs or replacement, Aurizon QR Network shall have the right to terminate this Agreement by giving not less than thirty (30) days notice in writing to the Operator and the End User User, without prejudice to any of the rights of the Parties accrued prior to the date of such termination.

Termination for Loss or Damage to Nominated Network. (a) In the event that any part of the Nominated Network specified in Part 2 of Schedule 2 is damaged or destroyed by a Force Majeure Event and in Aurizon QR Network’s reasonable opinion the cost of repairing such damage or replacing that part of the Nominated Network is not economic on the basis of the then and committed future utilisation of that part of the Nominated Network, Aurizon QR Network may by written notice advise the Operator of: (i) the estimated cost of effecting the necessary repairs or replacement; and (ii) Aurizon QR Network’s intention to not repair or replace the relevant part of the Nominated Network unless: (A) the Operator or End UserUserUse pursuant to the End User Access Agreement; and (B) any other Railway Operator using that part of the Nominated Network, pay the amounts specified by Aurizon QR Network towards the cost of effecting the necessary repairs or replacement, provided that such notice must also be given to the End User pursuant to clause 12.5 of the General Conditions of Contract of the End User Access Agreement. (b) If the Operator or the End User pursuant to the End User Access Agreement (as applicable) gives notice to Aurizon QR Network advising that it will bear the whole, or that part requested by Aurizon QR Network, of the cost of necessary repairs or replacement, then Aurizon QR Network will proceed with the repairs or replacement within a reasonable time after receipt by Aurizon QR Network from the Operator or End User of payment of the relevant amount subject to reaching agreement with any other Railway Operator using the affected part of the Nominated Network. Where the Operator or End User pays to Aurizon QR Network the whole of the estimated cost, Aurizon QR Network must, upon completion of the necessary repairs or replacement, refund to the Operator or End User (as applicable) any amount by which the amount paid by the Operator or End User exceeds the actual cost and the Operator or End User (as applicable) shall pay to Aurizon QR Network the amount by which the actual cost exceeds the amount paid by the Operator or End User. (c) If within sixty (60) days after receipt of a notice from Aurizon QR Network under Clause 19.5(a) the Operator or End User has not given notice to Aurizon QR Network pursuant to Clause 19.5(b) indicating that it will pay the whole, or that part requested by Aurizon QR Network, of the cost of the necessary repairs or replacement, Aurizon QR Network shall have the right to terminate this Agreement by giving not less than thirty (30) days notice in writing to the Operator and the End User without prejudice to any of the rights of the Parties accrued prior to the date of such termination.

Termination for Loss or Damage to Nominated Network. (a) In the event that any part of the Nominated Network specified in Part 2 of Schedule 2 is damaged or destroyed by a Force Majeure Event and in Aurizon QR Network’s reasonable opinion the cost of repairing such damage or replacing that part of the Nominated Network is not economic on the basis of the then and committed future utilisation of that part of the Nominated Network, Aurizon QR Network may by written notice advise the Operator of: (i) the estimated cost of effecting the necessary repairs or replacement; and (ii) Aurizon QR Network’s intention to not repair or replace the relevant part of the Nominated Network unless: (A) unless the Operator or End User; and (B) and any other Railway Operator using that part of the Nominated Network, Network pay the amounts specified by Aurizon QR Network towards the cost of effecting the necessary repairs or replacement, provided that such notice must also be given to the End User pursuant to clause 12.5 of the End User Access Agreement. (b) If the Operator or the End User pursuant to the End User Access Agreement (as applicable) gives notice to Aurizon QR Network advising that it will bear the whole, or that part requested by Aurizon QR Network, of the cost of necessary repairs or replacement, then Aurizon QR Network will proceed with the repairs or replacement within a reasonable time after receipt by Aurizon QR Network from the Operator or End User of payment of the relevant amount subject to reaching agreement with any other Railway Operator using the affected part of the Nominated Network. Where the Operator or End User pays to Aurizon QR Network the whole of the estimated cost, Aurizon QR Network must, upon completion of the necessary repairs or replacement, refund to the Operator or End User (as applicable) any amount by which the amount paid by the Operator or End User exceeds the actual cost and the Operator or End User (as applicable) shall pay to Aurizon QR Network the amount by which the actual cost exceeds the amount paid by the Operator or End UserOperator. (c) If within sixty (60) days after receipt of a notice from Aurizon QR Network under Clause 19.5(a18.5(a) the Operator or End User has not given notice to Aurizon QR Network pursuant to Clause 19.5(b18.5(b) indicating that it will pay the whole, or that part requested by Aurizon QR Network, of the cost of the necessary repairs or replacement, Aurizon QR Network shall have the right to terminate this Agreement by giving not less than thirty (30) days notice in writing to the Operator and the End User without prejudice to any of the rights of the Parties accrued prior to the date of such termination.

Termination for Loss or Damage to Nominated Network. (a) In the event that any part of the Nominated Network specified in Part 2 of Schedule 2 is damaged or destroyed by a Force Majeure Event and in Aurizon NetworkQR’s reasonable opinion the cost of repairing such damage or replacing that part of the Nominated Network is not economic on the basis of the then and committed future utilisation of that part of the Nominated Network, Aurizon Network QR may by written notice advise the Operator of: (i) the estimated cost of effecting the necessary repairs or replacement; and (ii) Aurizon Network’s its intention to not repair or replace the relevant part of the Nominated Network unless: (A) unless the Operator or End User; and (B) and any other Railway Operator using that part of the Nominated Network, Network pay the amounts specified by Aurizon Network QR towards the cost of effecting the necessary repairs or replacement, provided that such notice must also be given to the End User pursuant to clause 12.5 of the End User Access Agreement. (b) If the Operator or the End User pursuant to the End User Access Agreement (as applicable) gives notice to Aurizon Network QR advising that it will bear the whole, or that part requested by Aurizon NetworkQR, of the cost of necessary repairs or replacement, then Aurizon Network QR will proceed with the repairs or replacement within a reasonable time after receipt by Aurizon Network QR from the Operator or End User of payment of the relevant amount subject to reaching agreement with any other Railway Operator using the affected part of the Nominated Network. Where the Operator or End User pays to Aurizon Network QR the whole of the estimated cost, Aurizon Network QR must, upon completion of the necessary repairs or replacement, refund to the Operator or End User (as applicable) any amount by which the amount paid by the Operator or End User exceeds the actual cost and the Operator or End User (as applicable) shall pay to Aurizon Network QR the amount by which the actual cost exceeds the amount paid by the Operator or End UserOperator. (c) If within sixty (60) days after receipt of a notice from Aurizon Network QR under Clause 19.5(a18.5(a) the Operator or End User has not given notice to Aurizon Network QR pursuant to Clause 19.5(b18.5(b) indicating that it will pay the whole, or that part requested by Aurizon NetworkQR, of the cost of the necessary repairs or replacement, Aurizon Network QR shall have the right to terminate this Agreement by giving not less than thirty (30) days notice in writing to the Operator and the End User without prejudice to any of the rights of the Parties accrued prior to the date of such termination.