Amendment Notice. (a) Aurizon Network may, acting reasonably and in good faith, amend a System Wide Requirement by the issue of a notice (Amendment Notice) to the End User: (i) on safety grounds (i) to ensure the ongoing safe operation of the network, at any time without the consent of the End User subject to providing reasonable notice of the proposed amendment and consulting with the End User before its implementation; (ii) if required pursuant to a Material Change; or (iii) in any other circumstance (Discretionary System Amendment), subject to: (A) the End User’s agreement to such proposed amendment (such agreement not to be unreasonably withheld or delayed); or (B) the other provisions of this clause 21. (b) An Amendment Notice must specify: (i) such details of the proposed amendments as reasonably necessary to: (A) properly inform the End User of the terms of the proposed amendments; and (B) enable the End User to assess the consequences for the End User (and the Operator) of the proposed amendments; (ii) whether the Amendment Notice is issued on the ground referred to in clause 21.1(a)(i), 21.1(a)(ii) or 21.1(a)(iii); and (iii) details of the proposed implementation date for the proposed amendments.
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Sources: Access Holder Access Agreement
Amendment Notice. (a) Aurizon Network may, acting reasonably and in good faithreasonably, amend a System Wide Requirement by the issue of a notice (Amendment Notice) to the End User:
(i) on safety grounds
(i) to ensure the ongoing safe operation of the network, at any time without the consent of the End User subject to providing reasonable notice of the proposed amendment and consulting with the End User before its implementation;
(ii) if required pursuant to a Material Change; or
(iii) in any other circumstance (Discretionary System Amendment), subject to:
(A) the End User’s agreement to such proposed amendment (such agreement not to be unreasonably withheld or delayed); or
(B) the other provisions of this clause 21.
(b) An Amendment Notice must specify:
(i) such details of the proposed amendments as reasonably necessary to:
(A) properly inform the End User of the terms of the proposed amendments; and
(B) enable the End User to assess the consequences for the End User (and the Operator) of the proposed amendments;
(ii) whether the Amendment Notice is issued on the ground referred to in clause 21.1(a)(i), 21.1(a)(ii) or 21.1(a)(iii); and
(iii) details of the proposed implementation date for the proposed amendments.
Appears in 1 contract
Sources: Access Holder Access Agreement