Changes in Access Undertaking Sample Clauses
The "Changes in Access Undertaking" clause defines the process and conditions under which a party's access rights to certain resources, services, or information may be modified during the term of an agreement. Typically, this clause outlines the circumstances that justify changes—such as regulatory updates, operational requirements, or security concerns—and may specify the notice period or procedures for implementing such changes. Its core practical function is to provide flexibility for the provider to adapt access arrangements as needed while ensuring that the affected party is informed and, where appropriate, consulted, thereby managing expectations and reducing the risk of disputes.
Changes in Access Undertaking. (a) If there is a Change in Access Undertaking at any time which changes any of the Incorporated Provisions set out in clause 3.1(b), then this clause 3.2 applies.
(b) A Party (Notifying Party) may, within 20 Business Days from the date of the Change in the Access Undertaking (or such longer period as the Parties may agree), notify (Amendment Notice) the other Party (Receiving Party):
(i) that it elects to amend this Agreement to replace the Incorporated Provisions which form part of this Agreement under clause 3.1(b) or this clause 3.2 (Former Incorporated Provisions) with the corresponding Incorporated Provisions as changed by the Change in Access Undertaking (New Incorporated Provisions); and
(ii) of any other changes to the other terms of this Agreement (if any) which the Notifying Party requires as a consequence of, or to give full effect to the replacement of the Former Incorporated Provisions with the New Incorporated Provisions under this clause 3.2; and
(iii) of the date from which the changes become effective (and if any changes become effective from different dates, the dates applicable to each change), which must be on or after the date on which the Change in Access Undertaking became effective (Change Date(s)).
(c) An Amendment Notice must include an amended version of this Agreement, with the changes referred to in clause 3.2(b)(i) clearly identified.
(d) Promptly following receipt of an Amendment Notice, the Receiving Party must notify the Notifying Party the extent to which the Receiving Party accepts or does not accept the drafting of the amendments to the terms of this Agreement proposed in the Amendment Notice in accordance with clause 3.2(b)(ii).
(e) If the Receiving Party does not accept the drafting of the amendments to the terms of this Agreement, then the Parties must promptly meet to negotiate and attempt to agree the changes to the terms of this Agreement (if any) which are necessary as a consequence of, or to give full effect to, the replacement of the Former Incorporated Provisions with the New Incorporated Provisions under this clause 3.2.
(f) If the Parties do not agree the amendments in respect of the matters outstanding under clause 3.2(e) by the Change Date(s), the matter must be referred to the QCA for determination in accordance with the provisions of the Access Undertaking which provide for determination of disputes by the QCA.
(g) On and from the Change Date(s) (or such other time as the QCA may determine):
(i) the New ...
Changes in Access Undertaking. (a) If there is a Change in Access Undertaking at any time which changes any of the Incorporated Provisions set out in clause 3.1(b), then this clause 3.2 applies.
(b) A Party (Notifying Party) may, within 20 Business Days from the date of the Change in the Access Undertaking (or such longer period as the Parties may agree), notify (Amendment Notice) the other Party (Receiving Party):
(i) that it elects to amend this Agreement to replace the Incorporated Provisions which form part of this Agreement under clause 3.1(b) or this clause 3.2 (Former Incorporated Provisions) with the corresponding Incorporated Provisions as changed by the Change in Access Undertaking (New Incorporated Provisions); and
(ii) of any other changes to the other terms of this Agreement (if any) which the Notifying Party requires as a consequence of, or to give full effect to the replacement of the Former Incorporated Provisions with the New Incorporated Provisions under this clause 3.2; and
(iii) of the date from which the changes become effective (and if any changes become effective from different dates, the dates applicable to each change), which must be on or after the date on which the Change in Access Undertaking became effective (Change Date(s)).
Changes in Access Undertaking. (a) If there is a Change in Access Undertaking at any time relating to the provisions set out in clause 3.1(b), this clause 3.2 applies.
(b) Aurizon Network must, as soon as reasonably practicable, notify the Access Holder (Amendment Notice) of:
(i) any changes to this Agreement which are necessary as a consequence of, or to give full effect to, any Change in Access Undertaking relating to the provisions set out in clause 3.1(b); and
(ii) the date from which the changes become effective (and if any changes become effective from different dates, the dates applicable to each change) (Change Date(s)).
Changes in Access Undertaking. (a) If there is a Change in Access Undertaking at any time relating to the provisions set out in clause 3.1(b), this clause 3.2 applies.
(b) Aurizon Network must, as soon as practicable, notify the Operator (Amendment Notice) of:
(i) any changes to this Deed which are necessary as a consequence of, or to give full effect to, any Change in Access Undertaking relating to the provisions set out in clause 3.1(b) and;
(ii) the date from which the changes become effective (and if any changes become effective from different dates, the dates applicable to each change) (Change Date(s)).
(c) Promptly following receipt of the Amendment Notice, the Operator must write to Aurizon Network indicating the extent to which it accepts the changes to the Agreement proposed in the Amendment Notice and:
(i) where the Operator accepts one or more changes to the Agreement proposed in the Amendment Notice, the Agreement is taken to have been amended accordingly from the relevant Change Date(s);
(ii) where the Operator does not accept one or more changes to the Agreement proposed in the Amendment Notice, clause 3.2(d) applies.
(d) If clause 3.2(c)(ii) applies the Parties must promptly meet to negotiate: (i) and attempt to agree the amendments in respect of each proposed