Common use of Transfer subject to Transfer Fee Clause in Contracts

Transfer subject to Transfer Fee. (a) The Transfer of any Nominated Access Rights in accordance with this clause 1314 is conditional on the payment of the Transfer Fee by the Operator to Aurizon Network. (b) Not less than five Business Days before the Transfer Date, Aurizon Network must: (i) calculate the Transfer Fee; and (ii) notify the Operator of the amount of the Transfer Fee and how the Transfer Fee was calculated, at the following times: (iii) if the Operator is considering Transferring some or all of the Access Rights but has not given Aurizon Network a Notice of Intention to Transfer in respect of those Access Rights, promptly following a request by the Operator; and (iv) if the Operator has given Aurizon Network a Notice of Intention to Transfer, not less than five Business Days before the Transfer Date. (c) The Operator must, on or before the Transfer Date, pay the Transfer Fee specified in a notice given under clause 13.3(b)(ii).14.3(b)(ii), or agreed or determined through the Dispute resolution process under clause 37. (d) If the calculation of the Transfer Fee changes after Aurizon Network notifies the Operator under clause 13.314.3(b) but before the Operator seeks to pay the Transfer Fee, then Aurizon Network: (i) may refuse to accept that payment (and, if so, the Transfer Fee is deemed not to have been paid by the Operator); and (i) (ii) Aurizon Network must advise the Operator of the revised Transfer Fee and the circumstances giving rise to the change in the calculation.; and (ii) the Operator must pay the revised Transfer Fee (to the extent not already paid). (e) If the Operator has not paid the Transfer Fee with 20 Business Days after the latest of: (i) the Transfer Date; (ii) the date Aurizon Network gives the Operator a notice under clause 14.3(d); and (iii) the date that Aurizon Network gives the Operator a valid tax invoice in respect of the Transfer Fee,

Transfer subject to Transfer Fee. (a) The Transfer of any Nominated Access Rights in accordance with this clause 1314 12 is conditional on the payment of the Transfer Fee by the Operator End User to Aurizon Network. (b) Not less than five Business Days before the Transfer Date, Aurizon Network must: (i) calculate the Transfer Fee; and (ii) notify the Operator End User of the amount of the Transfer Fee and how the Transfer Fee was calculated, at the following times: (iii) if the Operator End User is considering Transferring some or all of the Access Rights but has not given Aurizon Network a Notice of Intention to Transfer in respect of those Access Rights, promptly following a request by the OperatorEnd User; and (iv) if the Operator End User has given Aurizon Network a Notice of Intention to Transfer, not less than five Business Days before the Transfer Date. (c) The Operator End User must, on or before the Transfer Date, pay the Transfer Fee specified in a notice given under clause 13.3(b)(ii).14.3(b)(ii12.3(b)(ii), or agreed or determined through the Dispute resolution process under clause 3724. (d) If the calculation of the Transfer Fee changes after Aurizon Network notifies the Operator End User under clause 13.314.3(b12.3(b) but before the Operator End User seeks to pay the Transfer Fee, then Aurizon Networkthen: (i) may refuse to accept that payment (and, if so, the Transfer Fee is deemed not to have been paid by the Operator); and (i) (ii) Aurizon Network must advise the Operator End User of the revised Transfer Fee and the circumstances giving rise to the change in the calculation.; and (ii) the Operator End User must pay the revised Transfer Fee (to the extent not already paid). (e) If the Operator End User has not paid the Transfer Fee with 20 Business Days after the latest of: (i) the Transfer Date; (ii) the date Aurizon Network gives the Operator End User a notice under clause 14.3(d12.3(d); and (iii) the date that Aurizon Network gives the Operator End User a valid tax invoice in respect of the Transfer Fee,, then Aurizon Network may give the End User a notice (Transfer Cancellation Notice) with respect to Nominated Access Rights specified in the Notice of Intention to Transfer given by the End User under clause 12.1(b). (f) If Aurizon Network gives the End User a Transfer Cancellation Notice, then: (i) the Notice of Intention to Transfer given by the End User under clause 12.1(b) is deemed to have never been given by the End User; (ii) the Nominated Access Rights that were the subject of the Notice of Intention to Transfer will not be Transferred to the Transferee; and (iii) the terms of this Agreement will continue to apply in respect of the Nominated Access Rights that were the subject of the Notice of Intention to Transfer. (g) The giving of a Transfer Cancellation Notice in respect of the Transfer of Nominated Access Rights does not prevent the End User from subsequently giving Aurizon Network a new Notice of Intention to Transfer in respect of the same Nominated Access Rights.

Transfer subject to Transfer Fee. (a) The Transfer of any Nominated Access Rights in accordance with this clause 1314 14 is conditional on the payment of the Transfer Fee by the Operator End User to Aurizon Network. (b) Not less than five Business Days before the Transfer Date, Aurizon Network must: (i) calculate the Transfer Fee; and (ii) notify the Operator End User of the amount of the Transfer Fee and how the Transfer Fee was calculated, at the following times: (iii) if the Operator End User is considering Transferring some or all of the Access Rights but has not given Aurizon Network a Notice of Intention to Transfer in respect of those Access Rights, promptly following a request by the OperatorEnd User; and (iv) if the Operator End User has given Aurizon Network a Notice of Intention to Transfer, not less than five Business Days before the Transfer Date. (c) The Operator End User must, on or before the Transfer Date, pay the Transfer Fee specified in a notice given under clause 13.3(b)(ii).14.3(b)(ii14.3(b)(ii), or agreed or determined through the Dispute resolution process under clause 3736. (d) If the calculation of the Transfer Fee changes after Aurizon Network notifies the Operator End User under clause 13.314.3(b14.3(b) but before the Operator End User seeks to pay the Transfer Fee, then Aurizon Networkthen: (i) may refuse to accept that payment (and, if so, the Transfer Fee is deemed not to have been paid by the Operator); and (i) (ii) Aurizon Network must advise the Operator End User of the revised Transfer Fee and the circumstances giving rise to the change in the calculation.; and (ii) the Operator End User must pay the revised Transfer Fee (to the extent not already paid). (e) If the Operator End User has not paid the Transfer Fee with 20 Business Days after the latest of: (i) the Transfer Date; (ii) the date Aurizon Network gives the Operator End User a notice under clause 14.3(d); and (iii) the date that Aurizon Network gives the Operator End User a valid tax invoice in respect of the Transfer Fee,, then Aurizon Network may give the End User a notice (Transfer Cancellation Notice) with respect to Nominated Access Rights specified in the Notice of Intention to Transfer given by the End User under clause 14.1(b). (f) If Aurizon Network gives the End User a Transfer Cancellation Notice, then: (i) the Notice of Intention to Transfer given by the End User under clause 14.1(b) is deemed to have never been given by the End User; (ii) the Nominated Access Rights that were the subject of the Notice of Intention to Transfer will not be Transferred to the Transferee; and (iii) the terms of this Agreement will continue to apply in respect of the Nominated Access Rights that were the subject of the Notice of Intention to Transfer. (g) The giving of a Transfer Cancellation Notice in respect of the Transfer of Nominated Access Rights does not prevent the End User from subsequently giving Aurizon Network a new Notice of Intention to Transfer in respect of the same Nominated Access Rights.

Transfer subject to Transfer Fee. (a) The Transfer of any Nominated Access Rights in accordance with this clause 1314 12 is conditional on the payment of the Transfer Fee by the Operator End User to Aurizon Network. (b) Not less than five Business Days before the Transfer Date, Aurizon Network must: (i) calculate the Transfer Fee; and (ii) notify the Operator End User of the amount of the Transfer Fee and how the Transfer Fee was calculated, at the following times: (iii) if the Operator End User is considering Transferring some or all of the Access Rights but has not given Aurizon Network a Notice of Intention to Transfer in respect of those Access Rights, promptly following a request by the OperatorEnd User; and (iv) if the Operator End User has given Aurizon Network a Notice of Intention to Transfer, not less than five Business Days before the Transfer Date. (c) The Operator End User must, on or before the Transfer Date, pay the Transfer Fee specified in a notice given under clause 13.3(b)(ii).14.3(b)(ii12.3(b)(ii), or agreed or determined through the Dispute resolution process under clause 3724. (d) If the calculation of the Transfer Fee changes after Aurizon Network notifies the Operator End User under clause 13.314.3(b12.3(b) but before the Operator End User seeks to pay the Transfer Fee, then Aurizon Networkthen: (i) may refuse to accept that payment (and, if so, the Transfer Fee is deemed not to have been paid by the Operator); and (i) (ii) Aurizon Network must advise the Operator End User of the revised Transfer Fee and the circumstances giving rise to the change in the calculation.; and (ii) the Operator End User must pay the revised Transfer Fee (to the extent not already paid). (e) If the Operator End User has not paid the Transfer Fee with 20 Business Days after the latest of: (i) the Transfer Date; (ii) the date Aurizon Network gives the Operator End User a notice under clause 14.3(d); andunder (iii) the date that Aurizon Network gives the Operator End User a valid tax invoice in respect of the Transfer Fee,, then Aurizon Network may give the End User a notice (Transfer Cancellation Notice) with respect to Nominated Access Rights specified in the Notice of Intention to Transfer given by the End User under clause 12.1(b). (f) If Aurizon Network gives the End User a Transfer Cancellation Notice, then: (i) the Notice of Intention to Transfer given by the End User under clause 12.1(b) is deemed to have never been given by the End User; (ii) the Nominated Access Rights that were the subject of the Notice of Intention to Transfer will not be Transferred to the Transferee; and (iii) the terms of this Agreement will continue to apply in respect of the Nominated Access Rights that were the subject of the Notice of Intention to Transfer. (g) The giving of a Transfer Cancellation Notice in respect of the Transfer of Nominated Access Rights does not prevent the End User from subsequently giving Aurizon Network a new Notice of Intention to Transfer in respect of the same Nominated Access Rights.

Transfer subject to Transfer Fee. (a) The Transfer of any Nominated Access Rights in accordance with this clause 1314 1415 is conditional on the payment of the Transfer Fee by the Operator Customer to Aurizon Network. (b) Not less than five Business Days before the Transfer Date, Aurizon Network must: (i) calculate the Transfer Fee; and (ii) notify the Operator Customer of the amount of the Transfer Fee and how the Transfer Fee was calculated, at the following times: (iii) if the Operator Customer is considering Transferring some or all of the Access Rights but has not given Aurizon Network a Notice of Intention to Transfer in respect of those Access Rights, promptly following a request by the OperatorCustomer; and (iv) if the Operator Customer has given Aurizon Network a Notice of Intention to Transfer, not less than five Business Days before the Transfer Date. (c) The Operator Customer must, on or before the Transfer Date, pay the Transfer Fee specified in a notice given under clause 13.3(b)(ii).14.3(b)(ii14.4(b)(ii).15.4(b)(ii), or agreed or determined through the Dispute resolution process under clause 37. (d) If the calculation of the Transfer Fee changes after Aurizon Network notifies the Operator Customer under clause 13.314.3(b14.415.4(b) but before the Operator Customer seeks to pay the Transfer Fee, then Aurizon Network: (i) may refuse to accept that payment (and, if so, the Transfer Fee is deemed not to have been paid by the OperatorCustomer); and and (i) (ii) Aurizon Network must advise the Operator Customer of the revised Transfer Fee and the circumstances giving rise to the change in the calculation.; and (ii) the Operator Customer must pay the revised Transfer Fee (to the extent not already paid). (e) If the Operator Customer has not paid the Transfer Fee with 20 Business Days after the latest of: (i) the Transfer Date; (ii) the date Aurizon Network gives the Operator Customer a notice under clause 14.3(d15.4(d); and (iii) the date that Aurizon Network gives the Operator Customer a valid tax invoice in respect of the Transfer Fee,

Transfer subject to Transfer Fee. (a) The Transfer of any Nominated Access Rights in accordance with this clause 1314 10 is conditional on the payment of the Transfer Fee by the Operator End User to Aurizon Network. (b) Not less than five Business Days before the Transfer Date, Aurizon Network must: (i) calculate the Transfer Fee; and (ii) notify the Operator End User of the amount of the Transfer Fee and how the Transfer Fee was calculated, at the following times: (iii) if the Operator End User is considering Transferring some or all of the Access Rights but has not given Aurizon Network a Notice of Intention to Transfer in respect of those Access Rights, promptly following a request by the OperatorEnd User; and (iv) if the Operator End User has given Aurizon Network a Notice of Intention to Transfer, not less than five Business Days before the Transfer Date. (c) The Operator End User must, on or before the Transfer Date, pay the Transfer Fee specified in a notice given under clause 13.3(b)(ii).14.3(b)(ii10.3(b)(ii), or agreed or determined through the Dispute resolution process under clause 3721. (d) If the calculation of the Transfer Fee changes after Aurizon Network notifies the Operator End User under clause 13.314.3(b10.3(b) but before the Operator End User seeks to pay the Transfer Fee, then Aurizon Networkthen: (i) may refuse to accept that payment (and, if so, the Transfer Fee is deemed not to have been paid by the Operator); and (i) (ii) Aurizon Network must advise the Operator End User of the revised Transfer Fee and the circumstances giving rise to the change in the calculation.; and (ii) the Operator End User must pay the revised Transfer Fee (to the extent not already paid). (e) If the Operator End User has not paid the Transfer Fee with 20 Business Days after the latest of: (i) the Transfer Date; (ii) the date Aurizon Network gives the Operator End User a notice under clause 14.3(d); andunder (iii) the date that Aurizon Network gives the Operator End User a valid tax invoice in respect of the Transfer Fee,, then Aurizon Network may give the End User a notice (Transfer Cancellation Notice) with respect to Nominated Access Rights specified in the Notice of Intention to Transfer given by the End User under clause 10.1(b). (f) If Aurizon Network gives the End User a Transfer Cancellation Notice, then: (i) the Notice of Intention to Transfer given by the End User under clause 10.1(b) is deemed to have never been given by the End User; (ii) the Nominated Access Rights that were the subject of the Notice of Intention to Transfer will not be Transferred to the Transferee; and (iii) the terms of this Agreement will continue to apply in respect of the Nominated Access Rights that were the subject of the Notice of Intention to Transfer. (g) The giving of a Transfer Cancellation Notice in respect of the Transfer of Nominated Access Rights does not prevent the End User from subsequently giving Aurizon Network a new Notice of Intention to Transfer in respect of the same Nominated Access Rights.

Transfer subject to Transfer Fee. (a) The Transfer of any Nominated Access Rights in accordance with this clause 1314 11 is conditional on the payment of the Transfer Fee by the Operator End User to Aurizon Network. (b) Not less than five Business Days before the Transfer Date, Aurizon Network must: (i) calculate the Transfer Fee; and (ii) notify the Operator End User of the amount of the Transfer Fee and how the Transfer Fee was calculated, at the following times: (iii) if the Operator is considering Transferring some or all of the Access Rights but has not given Aurizon Network a Notice of Intention to Transfer in respect of those Access Rights, promptly following a request by the Operator; and (iv) if the Operator has given Aurizon Network a Notice of Intention to Transfer, not less than five Business Days before the Transfer Date. (c) The Operator End User must, on or before the Transfer Date, pay the Transfer Fee specified in a notice given under clause 13.3(b)(ii).14.3(b)(ii11.3(b)(ii), or agreed or determined through the Dispute resolution process under clause 37. (d) If the calculation of the Transfer Fee changes after Aurizon Network notifies the Operator End User under clause 13.314.3(b11.3(b) but before the Operator End User seeks to pay the Transfer Fee, then Aurizon Network: (i) may refuse to accept that payment (and, if so, the Transfer Fee is deemed not to have been paid by the OperatorEnd User); and (i) (ii) Aurizon Network must advise the Operator End User of the revised Transfer Fee and the circumstances giving rise to the change in the calculation.; and (ii) the Operator must pay the revised Transfer Fee (to the extent not already paid). (e) If the Operator End User has not paid the Transfer Fee with 20 Business Days after the latest ofTransfer Date, then Aurizon Network may give the End User a notice (Transfer Cancellation Notice) with respect to Nominated Access Rights specified in the Notice of Intention to Transfer given by the End User under clause 11.1(b). (f) If Aurizon Network gives the End User a Transfer Cancellation Notice, then: (i) the Notice of Intention to Transfer Dategiven by the End User under clause 11.1(b) is deemed to have never been given by the End User; (ii) the date Aurizon Network gives Nominated Access Rights that were the Operator a notice under clause 14.3(d)subject of the Notice of Intention to Transfer will not be Transferred to the Transferee; and (iii) the date that Aurizon Network gives the Operator a valid tax invoice terms of this Agreement will continue to apply in respect of the Transfer Fee,Nominated Access Rights that were the subject of the Notice of Intention to Transfer.

Transfer subject to Transfer Fee. (a) The Transfer of any Nominated Access Rights in accordance with this clause 1314 15 is conditional on the payment of the Transfer Fee by the Operator Customer to Aurizon Network. (b) Not less than five Business Days before the Transfer Date, Aurizon Network must: (i) calculate the Transfer Fee; and (ii) notify the Operator Customer of the amount of the Transfer Fee and how the Transfer Fee was calculated, at the following times: (iii) if the Operator Customer is considering Transferring some or all of the Access Rights but has not given Aurizon Network a Notice of Intention to Transfer in respect of those Access Rights, promptly following a request by the OperatorCustomer; and (iv) if the Operator Customer has given Aurizon Network a Notice of Intention to Transfer, not less than five Business Days before the Transfer Date. (c) The Operator Customer must, on or before the Transfer Date, pay the Transfer Fee specified in a notice given under clause 13.3(b)(ii).14.3(b)(ii15.4(b)(ii), or agreed or determined through the Dispute resolution process under clause 37. (d) If the calculation of the Transfer Fee changes after Aurizon Network notifies the Operator Customer under clause 13.314.3(b15.4(b) but before the Operator Customer seeks to pay the Transfer Fee, then Aurizon Networkthen: (i) may refuse to accept that payment (and, if so, the Transfer Fee is deemed not to have been paid by the Operator); and (i) (ii) Aurizon Network must advise the Operator Customer of the revised Transfer Fee and the circumstances giving rise to the change in the calculation.; and (ii) the Operator Customer must pay the revised Transfer Fee (to the extent not already paid). (e) If the Operator Customer has not paid the Transfer Fee with 20 Business Days after the latest of: (i) the Transfer Date; (ii) the date Aurizon Network gives the Operator Customer a notice under clause 14.3(d15.4(d); and (iii) the date that Aurizon Network gives the Operator Customer a valid tax invoice in respect of the Transfer Fee,, then Aurizon Network may give the Customer and the Operator a notice (Transfer Cancellation Notice) with respect to Nominated Access Rights specified in the Notice of Intention to Transfer given by the Customer under clause 15.1(b). (f) If Aurizon Network gives the Customer and the Operator a Transfer Cancellation Notice, then: (i) the Notice of Intention to Transfer given by the Customer under clause 15.1(b) is deemed to have never been given by the Customer; (ii) the Nominated Access Rights that were the subject of the Notice of Intention to Transfer will not be Transferred to the Transferee; and (iii) the terms of this Agreement will continue to apply in respect of the Nominated Access Rights that were the subject of the Notice of Intention to Transfer. (g) The giving of a Transfer Cancellation Notice in respect of the Transfer of Nominated Access Rights does not prevent the Customer from subsequently giving Aurizon Network a new Notice of Intention to Transfer in respect of the same Nominated Access Rights.