Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p23
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 70427–73856

written notice.

           (2)  The First Carrier may terminate an agreement to access
           an Eligible Facility if it decides to:

              (a)  decommission that Eligible Facility; or

              (b)  enter into a sale or leaseback arrangement in respect
              of that Eligible Facility.

           (3)  If:

              (a)  the Second Carrier ceases to be a Carrier; or

              (b)  the Second Carrier breaches a material obligation under
              this Code and/or the applicable terms and conditions of
              access and that breach materially impairs or is likely to
              materially impair the ability of the First Carrier to deliver
              access to other Second Carriers or provide services to its
              customers; and

                (i)  the First Carrier has given a notice to that effect
                to the Second Carrier (a Breach Notice) within ten
                Business Days of becoming aware of the breach; and

                (ii)  the Second Carrier fails to institute remedial action,
                which may be specified in the Breach Notice, within
                twenty Business Days after receiving the Breach
                Notice (Remedy Period); then
                the First Carrier may terminate the supply of access to
                a particular Eligible Facility by notice given to the Second
                Carrier within twenty Business Days of becoming aware of
                a cessation or expiry of the Remedy Period specified in the
                Breach Notice (as the case may be).

           (4)  Either a First or Second Carrier (Notifying Party) may
           terminate an access agreement on five Business Days notice
           to the other Carrier (Other Party) if:

              (a)  an order is made or an effective resolution is passed
              for winding up or dissolution without winding up
              (otherwise than for the purposes of reconstruction or
              amalgamation) of the Other Party and the order or
              resolution remains in effect for a continuous period
              of five Business Days; or

              (b)  a receiver, receiver and manager, official manager,
              administrator, provisional liquidator, liquidator, or like
              official is appointed over the whole or a substantial part
              of the undertaking and property of the Other Party or
              the Other Party enters or proposes to enter into any
              scheme of arrangement or any compositions for the
              benefit of its creditors; or

              (c)  a holder of an encumbrance takes possession of the
              whole or any substantial part of the undertaking and
              property of the Other Party or the Other Party enters
              or proposes to enter into any scheme of arrangement
              or composition for the benefit of its creditors; or

              (d)  the Other Party is unable or will be unable to pay its
              debts as they fall due; or

              (e)  a force majeure, substantially and adversely affecting
              the ability of a Notifying or Other Party to perform its
              obligations to the Other or Notifying Party respectively,
              continues for a period of six months; or

              (f)  as a result of s. 459F or any other section