Common use of Addressing disproportionate use of Terminal capacity and risk minimisation Clause in Contracts

Addressing disproportionate use of Terminal capacity and risk minimisation. (a) If at any time DBCT Management, acting reasonably and on the recommendation of the Operator, considers that: (i) the User is disproportionately consuming the capacity of the Terminal (when compared with other Access Holders on a per tonne basis) and other Access Holders are materially adversely affected as a result; or (ii) the provision of the User's Coal to the Terminal or Handling of that Coal at the Terminal creates a disproportionate risk to the Terminal (when compared with Coal of other Access Holders), and that it is reasonably practicable for the User to reduce that disproportionate consumption of capacity or disproportionate risk, DBCT Management may give written notice to the User to that effect. (b) If DBCT Management gives notice to the User pursuant to clause 3.7(a) the User must: (i) meet with DBCT Management (or with the Operator if DBCT Management gives notice that the Operator is authorised to act as its nominee) to attempt to agree on an appropriate action plan; and (ii) promptly, and in any event, within 60 days of the meeting referred to in clause 3.7(a)(i), develop and implement an action plan agreed between the parties or (if there is no agreement, but it is consistent with clause 3.7(c) an action plan required by DBCT Management. (c) DBCT Management is not entitled to require anything in an action plan which would be: (i) unreasonable or uneconomic for the User in all the circumstances; or (ii) inconsistent with what is generally accepted as good operating practice in the prevailing circumstances. (d) A dispute between DBCT Management (or the Operator) and the User in respect of this clause 3.7 may be referred to dispute resolution in accordance with clause 15.

Addressing disproportionate use of Terminal capacity and risk minimisation. (a) If at any time DBCT Management, acting reasonably and on the recommendation of the Operator, considers that: (i) the User is disproportionately consuming the capacity of the Terminal (when compared with other Access Holders on a per tonne basis) and other Access Holders are materially adversely affected as a result; or (ii) the provision of the User's Coal to the Terminal or Handling of that Coal at the Terminal creates a disproportionate risk to the Terminal (when compared with Coal of other Access Holders), and that it is reasonably practicable for the User to reduce that disproportionate consumption of capacity or disproportionate risk, DBCT Management may give written notice to the User to that effect. (b) If DBCT Management gives notice to the User pursuant to clause 3.7(a) the User must: (i) meet with DBCT Management (or with the Operator if DBCT Management gives notice that the Operator is authorised to act as its nominee) to attempt to agree on an appropriate action plan; and (ii) promptly, and in any event, within 60 days of the meeting referred to in clause 3.7(a)(i), develop and implement an action plan agreed between the parties or (if there is no agreement, but it is consistent with clause 3.7(c)) an action plan required by DBCT Management. (c) DBCT Management is not entitled to require anything in an action plan which would be: (i) unreasonable or uneconomic for the User in all the circumstances; or (ii) inconsistent with what is generally accepted as good operating practice in the prevailing circumstances. (d) A dispute between DBCT Management (or the Operator) and the User in respect of this clause 3.7 may be referred to dispute resolution in accordance with clause 15.

Addressing disproportionate use of Terminal capacity and risk minimisation. (a) If at any time DBCT Management, acting reasonably and on the recommendation of the Operator, considers that: (i) the User is disproportionately consuming the capacity of the Terminal (when compared with other Access Holders on a per tonne basis) and other Access Holders are materially adversely affected as a result; or (ii) the provision of the User's Coal to the Terminal or Handling of that Coal at the Terminal creates a disproportionate risk to the Terminal (when compared with Coal of other Access Holders), and that it is reasonably practicable for the User to reduce that disproportionate consumption of capacity or disproportionate risk, DBCT Management may give written notice to the User to that effect. (b) If DBCT Management gives notice to the User pursuant to clause 3.7(a) the User must: (i) meet with DBCT Management (or with the Operator if DBCT Management gives notice that the Operator is authorised to act as its nominee) to attempt to agree on an appropriate action plan; and (ii) promptly, and in any event, within 60 days of the meeting referred to in clause 3.7(a)(i), develop and implement an action plan agreed between the parties or (if there is no agreement, but it is consistent with clause 3.7(c)) an action plan required by DBCT Management. (c) DBCT Management is not entitled to require anything in an action plan which would be: (i) unreasonable or uneconomic for the User in all the circumstances; or (ii) inconsistent with what is generally accepted as good operating practice in the prevailing circumstances. (d) A dispute between DBCT Management (or the Operator) and the User in respect of this clause 3.7 may be referred to dispute resolution in accordance with clause 15.

Addressing disproportionate use of Terminal capacity and risk minimisation. (a) If at any time DBCT ManagementDBIM, acting reasonably and on the recommendation of the Operator, considers that: (i) the User is disproportionately consuming the capacity of the Terminal (when compared with other Access Holders on a per tonne basis) and other Access Holders are materially adversely affected as a result; or (ii) the provision of the User's Coal to the Terminal or Handling of that Coal at the Terminal creates a disproportionate risk to the Terminal (when compared with Coal of other Access Holders), and that it is reasonably practicable for the User to reduce that disproportionate consumption of capacity or disproportionate risk, DBCT Management DBIM may give written notice to the User to that effect. (b) If DBCT Management DBIM gives notice to the User pursuant to clause 3.7(a) the User must: (i) meet with DBCT Management DBIM (or with the Operator if DBCT Management DBIM gives notice that the Operator is authorised to act as its nominee) to attempt to agree on an appropriate action plan; and (ii) promptly, and in any event, within 60 days of the meeting referred to in clause 3.7(a)(i), develop and implement an action plan agreed between the parties or (if there is no agreement, but it is consistent with clause 3.7(c)) an action plan required by DBCT ManagementDBIM. (c) DBCT Management DBIM is not entitled to require anything in an action plan which would be: (i) unreasonable or uneconomic for the User in all the circumstances; or (ii) inconsistent with what is generally accepted as good operating practice in the prevailing circumstances. (d) A dispute between DBCT Management DBIM (or the Operator) and the User in respect of this clause 3.7 may be referred to dispute resolution in accordance with clause 15.

Addressing disproportionate use of Terminal capacity and risk minimisation. ‌ (a) If at any time DBCT Management, acting reasonably and on the recommendation of the Operator, considers that:that:‌ (i) the User is disproportionately consuming the capacity of the Terminal (when compared with other Access Holders on a per tonne basis) and other Access Holders are materially adversely affected as a result; oror‌ (ii) the provision of the User's Coal to the Terminal or Handling of that Coal at the Terminal creates a disproportionate risk to the Terminal (when compared with Coal of other Access Holders), and that it is reasonably practicable for the User to reduce that disproportionate consumption of capacity or disproportionate risk, DBCT Management may give written notice to the User to that effect. (b) If DBCT Management gives notice to the User pursuant to clause 3.7(a) the User must: (i) meet with DBCT Management (or with the Operator if DBCT Management gives notice that the Operator is authorised to act as its nominee) to attempt to agree on an appropriate action plan; and (ii) promptly, and in any event, within 60 days of the meeting referred to in clause 3.7(a)(i), develop and implement an action plan agreed between the parties or (if there is no agreement, but it is consistent with clause 3.7(c)) an action plan required by DBCT Management. (c) DBCT Management is not entitled to require anything in an action plan which would be:be:‌ (i) unreasonable or uneconomic for the User in all the circumstances; or (ii) inconsistent with what is generally accepted as good operating practice in the prevailing circumstances. (d) A dispute between DBCT Management (or the Operator) and the User in respect of this clause 3.7 may be referred to dispute resolution in accordance with clause 15.

Addressing disproportionate use of Terminal capacity and risk minimisation. (a) If at any time DBCT Management, acting reasonably and on the recommendation of the Operator, considers that: (i) the User is disproportionately consuming the capacity of the Terminal (when compared with other Access Holders on a per tonne basis) and other Access Holders are materially adversely affected as a result; or (ii) the provision of the User's Coal to the Terminal or Handling of that Coal at the Terminal creates a disproportionate risk to the Terminal (when compared with Coal of other Access Holders), and that it is reasonably practicable for the User to reduce that disproportionate consumption of capacity or disproportionate risk, DBCT Management may give written notice to the User to that effect. (b) If DBCT Management gives notice to the User pursuant to clause 3.7(a) the User must: (i) meet with DBCT Management (or with the Operator if DBCT Management gives notice that the Operator is authorised to act as its nominee) to attempt to agree on an appropriate action plan; and (ii) promptly, and in any event, within 60 days of the meeting referred to in clause 3.7(a)(i)sub- paragraph (i) above, develop and implement an action plan agreed between the parties or (if there is no agreement, but it is consistent with clause 3.7(c)) an action plan required by DBCT Management. (c) DBCT Management is not entitled to require anything in an action plan which would be: (i) unreasonable or uneconomic for the User in all the circumstances; or (ii) inconsistent with what is generally accepted as good operating practice in the prevailing circumstances. (d) A dispute between DBCT Management (or the Operator) and the User in respect of this clause 3.7 may be referred to dispute resolution in accordance with clause 15.