Common use of Assignment by the Access Holder Clause in Contracts

Assignment by the Access Holder. ‌ (a) The Access Holder may not Assign its rights or obligations under this Agreement other than in accordance with this clause 33.2. (b) The Access Holder may, provided it is not in default in the performance or observance of any of its obligations under this Agreement, Assign the whole or any part of its rights and obligations under this Agreement to: (i) a Related Body Corporate of the Access Holder which is capable of performing the obligations of the Access Holder under this Agreement, provided that: (A) the Access Holder remains liable for the performance of the duties, responsibilities and obligations assumed by the Assignee; and (B) the performance by the Assignee will (to the extent of such performance) discharge the Access Holder’s liability for the performance of the duties, responsibilities and obligations Assigned; or (ii) a person other than a Related Body Corporate of the Access Holder with the prior written consent of Aurizon Network, provided that such consent will not be unreasonably withheld if Aurizon Network is satisfied that such person is: (A) financially sound; and (B) otherwise capable of performing the obligations of the Access Holder under this Agreement.

Assignment by the Access Holder. ‌ (a) The Access Holder may not Assign its rights or obligations under this Agreement other than in accordance with this clause 33.2. (b) The Access Holder may, provided it is not in default in the performance or observance of any of its obligations under this Agreement, Assign the whole or any part of its rights and obligations under this Agreement to: (i) a Related Body Corporate of the Access Holder which is capable of performing the obligations of the Access Holder under this Agreement, provided that: (A) the Access Holder remains liable for the performance of the duties, responsibilities and obligations assumed by the Assignee; and (B) the performance by the Assignee will (to the extent of such performance) discharge the Access Holder’s liability for the performance of the duties, responsibilities and obligations Assigned; or (ii) a person other than a Related Body Corporate of the Access Holder with the prior written consent of Aurizon Network, provided that such consent will not be unreasonably withheld if Aurizon Network is satisfied that such person is: (A) financially sound; and (B) otherwise capable of performing the obligations of the Access Holder under this Agreement.

Assignment by the Access Holder. ‌ (a) The Access Holder may not Assign its rights or obligations under this Agreement other than in accordance with this clause 33.226.2. (b) The Access Holder may, provided it is not in default in the performance or observance of any of its obligations under this Agreement, Assign the whole or any part of its rights and obligations under this Agreement to: (i) a Related Body Corporate of the Access Holder which is capable of performing the obligations of the Access Holder under this Agreement, provided that: (A) the Access Holder remains liable for the performance of the duties, responsibilities and obligations assumed by the Assignee; and (B) the performance by the Assignee will (to the extent of such performance) discharge the Access Holder’s liability for the performance of the duties, responsibilities and obligations Assigned; or (ii) a person other than a Related Body Corporate of the Access Holder with the prior written consent of Aurizon Network, provided that such consent will not be unreasonably withheld if Aurizon Network is satisfied that such person is: (A) financially sound; and (B) otherwise capable of performing the obligations of the Access Holder under this Agreement.

Assignment by the Access Holder. ‌ (a) The Access Holder may not Assign its rights or obligations under this Agreement other than in accordance with this clause 33.232.2. (b) The Access Holder may, provided it is not in default in the performance or observance of any of its obligations under this Agreement, Assign the whole or any part of its rights and obligations under this Agreement to: (i) a Related Body Corporate of the Access Holder which is capable of performing the obligations of the Access Holder under this Agreement, provided that: (A) the Access Holder remains liable for the performance of the duties, responsibilities and obligations assumed by the Assignee; and (B) the performance by the Assignee will (to the extent of such performance) discharge the Access Holder’s liability for the performance of the duties, responsibilities and obligations Assigned; or (ii) a person other than a Related Body Corporate of the Access Holder with the prior written consent of Aurizon Network, provided that such consent will not be unreasonably withheld if Aurizon Network is satisfied that such person is: (A) financially sound; and (B) otherwise capable of performing the obligations of the Access Holder under this Agreement.

Assignment by the Access Holder. ‌ (a) The Access Holder may not Assign its rights or obligations under this Agreement other than in accordance with this clause 33.229.2. (b) The Access Holder may, provided it is not in default in the performance or observance of any of its obligations under this Agreement, Assign the whole or any part of its rights and obligations under this Agreement to: (i) a Related Body Corporate of the Access Holder which is capable of performing the obligations of the Access Holder under this Agreement, provided that: (A) the Access Holder remains liable for the performance of the duties, responsibilities and obligations assumed by the Assignee; and (B) the performance by the Assignee will (to the extent of such performance) discharge the Access Holder’s liability for the performance of the duties, responsibilities and obligations Assigned; or (ii) a person other than a Related Body Corporate of the Access Holder with the prior written consent of Aurizon Network, provided that such consent will not be unreasonably withheld if Aurizon Network is satisfied that such person is: (A) financially sound; and (B) otherwise capable of performing the obligations of the Access Holder under this Agreement.