Common use of Variation to Conditional Access Rights Clause in Contracts

Variation to Conditional Access Rights. If Aurizon Network gives the End User a Capacity Assessment Notice in respect of Conditional Access Rights, then the Conditional Access Rights will be taken to be varied to be the lowest of the Reduced Conditional Access Rights for a Segment of the Expansion: as: (a) specified in the Capacity Assessment Notice; or (b) if the End User is, in accordance with clause 7.6, a party to, or is invited to participate in, a dispute that has been referred to an Expert under clause 7.6 or a provision equivalent to clause 7.6 under any other Access Agreement, as agreed or determined through the dispute resolution process, with effect on the later of: (c) the date that is 10 Business Days after the Capacity Assessment Notice is given to the End User; and (d) if the End User gives the Aurizon Network a Dispute Notice referred to in clause 7.6(a) or the End User is otherwise invited to participate in the dispute resolution process under the relevant Other Conditional Access Holder’s Access Agreement in accordance with clause 7.6(d), the date that is 10 Business Days after the Parties agree a resolution to, or the date that is 10 Business Days after the Expert notifies the Parties of its determination of, the dispute.

Variation to Conditional Access Rights. If Aurizon Network gives the End User Operator a Capacity Assessment Notice in respect of Conditional Access Rights, then the Conditional Access Rights will be taken to be varied to be the lowest of the Reduced Conditional Access Rights for a Segment of the Expansion: as: (a) specified in the Capacity Assessment Notice; or (b) if the End User Operator is, in accordance with clause 7.69.6, a party to, or is invited to participate in, a dispute that has been referred to an Expert under this clause 7.6 9.6 or a provision equivalent to this clause 7.6 9.6 under any other Access Agreement, as agreed or determined through the dispute resolution process, with effect on the later of: (c) the date that is 10 Business Days after the Capacity Assessment Notice is given to the End UserOperator; and (d) if the End User Operator gives the Aurizon Network a Dispute Notice referred to in clause 7.6(a10.5(a), the date9.6(a) or the End User Operator is otherwise invited to participate in the dispute resolution process under the relevant Other Conditional Access Holder’s Access Agreement in accordance with clause 7.6(d9.6(d), the date that is 10 Business Days after the Parties agree a resolution to, or the date that is 10 Business Days after the Expert notifies the Parties of its determination of, the dispute.

Variation to Conditional Access Rights. If Aurizon Network gives the End User a Capacity Assessment Notice in respect of Conditional Access Rights, then the Conditional Access Rights will be taken to be varied to be the lowest of the Reduced Conditional Access Rights for a Segment of the Expansion: as: (a) specified in the Capacity Assessment Notice; or (b) if the End User is, in accordance with clause 7.68.6, a party to, or is invited to participate in, a dispute that has been referred to an Expert under clause 7.6 8.6 or a provision equivalent to clause 7.6 8.6 under any other Access Agreement, as agreed or determined through the dispute resolution process, with effect on the later of: (c) the date that is 10 Business Days after the Capacity Assessment Notice is given to the End User; and (d) if the End User gives the Aurizon Network a Dispute Notice referred to in clause 7.6(a8.6(a) or the End User is otherwise invited to participate in the dispute resolution process under the relevant Other Conditional Access Holder’s Access Agreement in accordance with clause 7.6(d8.6(d), the date that is 10 Business Days after the Parties agree a resolution to, or the date that is 10 Business Days after the Expert notifies the Parties of its determination of, the dispute.

Variation to Conditional Access Rights. If Aurizon Network gives the End User a Capacity Assessment Notice in respect of Conditional Access Rights, then the Conditional Access Rights will be taken to be varied to be the lowest of the Reduced Conditional Access Rights for a Segment of the Expansion: as: (a) specified in the Capacity Assessment Notice; or (b) if the End User is, in accordance with clause 7.6, a party to, or is invited to participate in, a dispute that has been referred to an Expert under this clause 7.6 or a provision equivalent to this clause 7.6 under any other Access Agreement, as agreed or determined through the dispute resolution process, with effect on the later of: (c) the date that is 10 Business Days after the Capacity Assessment Notice is given to the End User; and (d) if the End User gives the Aurizon Network a Dispute Notice referred to in clause 7.6(a) or the End User is otherwise invited to participate in the dispute resolution process under the relevant Other Conditional Access Holder’s Access Agreement in accordance with clause 7.6(d8.5(a), the date that is 10 Business Days after the Parties agree a resolution to, or the date that is 10 Business Days after the Expert notifies the Parties of its determination of, the dispute.

Variation to Conditional Access Rights. If Aurizon Network gives the End User a Capacity Assessment Notice in respect of Conditional Access Rights, then the Conditional Access Rights will be taken to be varied to be the lowest of the Reduced Conditional Access Rights for a Segment of the Expansion: as: (a) specified in the Capacity Assessment Notice; or (b) if the End User is, in accordance with clause 7.69.6, a party to, or is invited to participate in, a dispute that has been referred to an Expert under clause 7.6 9.6 or a provision equivalent to clause 7.6 9.6 under any other Access Agreement, as agreed or determined through the dispute resolution process, with effect on the later of: (c) the date that is 10 Business Days after the Capacity Assessment Notice is given to the End User; and (d) if the End User gives the Aurizon Network a Dispute Notice referred to in clause 7.6(a9.6(a) or the End User is otherwise invited to participate in the dispute resolution process under the relevant Other Conditional Access Holder’s Access Agreement in accordance with clause 7.6(d9.6(d), the date that is 10 Business Days after the Parties agree a resolution to, or the date that is 10 Business Days after the Expert notifies the Parties of its determination of, the dispute.

Variation to Conditional Access Rights. If Aurizon Network gives the End User a Capacity Assessment Notice in respect of Conditional Access Rights, then the Conditional Access Rights will be taken to be varied to be the lowest of the Reduced Conditional Access Rights for a Segment of the Expansion: as: (a) specified in the Capacity Assessment Notice; or (b) if the End User is, in accordance with clause 7.6, a party to, or is invited to participate in, a dispute that has been referred to an Expert under this clause 7.6 or a provision equivalent to this clause 7.6 under any other Access Agreement, as agreed or determined through the dispute resolution process, with effect on the later of: (c) the date that is 10 Business Days after the Capacity Assessment Notice is given to the End User; and (d) if the End User gives the Aurizon Network a Dispute Notice referred to in clause 7.6(a8.5(a), the date7.6(a) or the End User is otherwise invited to participate in the dispute resolution process under the relevant Other Conditional C onditional Access Holder’s Access Agreement in accordance with clause 7.6(d), the date that is 10 Business Days after the Parties agree a resolution to, or the date that is 10 Business Days after the Expert notifies the Parties of its determination of, the dispute.

Variation to Conditional Access Rights. If Aurizon Network gives the End User Operator a Capacity Assessment Notice in respect of Conditional Access Rights, then the Conditional Access Rights will be taken to be varied to be the lowest of the Reduced Conditional Access Rights for a Segment of the Expansion: as: (a) specified in the Capacity Assessment Notice; or (b) if the End User Operator is, in accordance with clause 7.69.6, a party to, or is invited to participate in, a dispute that has been referred to an Expert under clause 7.6 9.6 or a provision equivalent to clause 7.6 9.6 under any other Access Agreement, as agreed or determined through the dispute resolution process, with effect on the later of: (c) the date that is 10 Business Days after the Capacity Assessment Notice is given to the End UserOperator; and (d) if the End User Operator gives the Aurizon Network a Dispute Notice referred to in clause 7.6(a9.6(a) or the End User Operator is otherwise invited to participate in the dispute resolution process under the relevant Other Conditional Access Holder’s Access Agreement in accordance with clause 7.6(d9.6(d), the date that is 10 Business Days after the Parties agree a resolution to, or the date that is 10 Business Days after the Expert notifies the Parties of its determination of, the dispute.

Variation to Conditional Access Rights. If Aurizon Network gives the End User a Capacity Assessment Notice in respect of Conditional Access Rights, then the Conditional Access Rights will be taken to be varied to be the lowest of the Reduced Conditional Access Rights for a Segment of the Expansion: as: (a) specified in the Capacity Assessment Notice; or (b) if the End User is, in accordance with clause 7.69.6, a party to, or is invited to participate in, a dispute that has been referred to an Expert under this clause 7.6 9.6 or a provision equivalent to this clause 7.6 9.6 under any other Access Agreement, as agreed or determined through the dispute resolution process, with effect on the later of: (c) the date that is 10 Business Days after the Capacity Assessment Notice is given to the End User; and (d) if the End User gives the Aurizon Network a Dispute Notice referred to in clause 7.6(a10.5(a), the date9.6(a) or the End User is otherwise invited to participate in the dispute resolution process under the relevant Other Conditional Access Holder’s Access Agreement in accordance with clause 7.6(d9.6(d), the date that is 10 Business Days after the Parties agree a resolution to, or the date that is 10 Business Days after the Expert notifies the Parties of its determination of, the dispute.