Common use of Default Access Agreement Clause in Contracts

Default Access Agreement. (a) This clause 3.3 applies if (and only if) an Access Agreement or Access Agreements which meet the requirements of clause 3.1 have not been entered by the date required under clause 3.1. (b) A document in the form of the Pro Forma Access Agreement (Default Access Agreement): (i) is taken to be in full force and effect on and from the Due Date as an access agreement between Aurizon Network and the Unit Holder for the Access Agreement Term; and (ii) binds Aurizon Network and the Unit Holder on and from the Due Date, whether or not: (iii) the details referred to in clause 3.2, or any of them, have been completed, or are capable of completion, as at the Due Date; or (iv) Aurizon Network and the Unit Holder have properly executed that document. (c) After the Due Date: (i) Aurizon Network must deliver a copy of the Default Access Agreement to the Unit Holder; and (ii) promptly after the copy of the Default Access Agreement is delivered to the Unit Holder, the Unit Holder must duly execute a copy of the Default Access Agreement and deliver it to Aurizon Network.

Default Access Agreement. (a) This clause 3.3 applies if (and only if) an Access Agreement or Access Agreements which meet the requirements of clause 3.1 have not been entered by the date required under clause 3.1. (b) A document in the form of the Pro Forma Access Agreement (Default Access Agreement): (i) is taken to be in full force and effect on and from the Due Date as an access agreement between Aurizon Network and the Unit Holder Access Seeker for the Access Agreement Term; and (ii) binds Aurizon Network and the Unit Holder Access Seeker on and from the Due Date, whether or not: (iii) the details referred to in clause 3.2, or any of them, have been completed, or are capable of completion, as at the Due Date; or (iv) Aurizon Network and the Unit Holder Access Seeker have properly executed that document. (c) After the Due Date: (i) Aurizon Network must deliver a copy of the Default Access Agreement to the Unit HolderAccess Seeker; and (ii) promptly after the copy of the Default Access Agreement is delivered to the Unit HolderAccess Seeker, the Unit Holder Access Seeker must duly execute a copy of the Default Access Agreement and deliver it to Aurizon Network.