Common use of Allowed Tolerance Clause in Contracts

Allowed Tolerance. (a) With respect to a Pricing Zone in a Period, if: (i) the SAS is greater than zero; (ii) the Access Holder does not receive one or more Tolerance path usages that the Access Holder believes it was entitled to; and (iii) the Access Holder provides ARTC with evidence demonstrating its entitlement to the Tolerance path usages not received, in accordance with subclause (b)(ii), then, subject to subclauses (b) and (c), ARTC will include those Tolerance path usages which the Access Holder was entitled to but did not receive (“Allowed Tolerance”), in the Access Holder’s AH IS for the purposes of determining its entitlement to a TOP rebate accrual in that Period. (b) In order for ARTC to include the Access Holder’s Allowed Tolerance in its AH IS for a Pricing Zone in a Period, the Access Holder must: (i) make a claim in writing within 5 Business Days from the end of the relevant Period, identifying for each Tolerance path usage it did not receive in that Period: (A) the date on which the Tolerance path usage was required; (B) the load point and destination of the relevant Train Path; and (ii) provide sufficient evidence to demonstrate, to ARTC’s reasonable satisfaction, that on the date identified in subclause (b)(i)(A): (A) the Access Holder was ready and capable of railing coal from the nominated load point; (B) the Access Holder had Network Exit Capability relevant to the Tolerance path usage not received; (C) the Network Exit Capability was available for use. (c) ARTC will in good faith consider the Access Holder’s claim, having regard to the evidence provided, to reasonably determine whether a claimed path usage meets the criteria for Allowed Tolerance under subclauses (a) and (b). (d) ARTC will advise the Access Holder in writing which claimed Tolerance path usages will constitute Allowed Tolerance and the reasons for disallowing any claim or part claim. (e) To avoid doubt: (i) a claim made in accordance with clause 2.5(b) of this Schedule may contain a claim for more than one Tolerance path usage not received, and may include claims for more than one Pricing Zone for the same path usage where appropriate; (ii) ARTC will include any Allowed Tolerance for each access holder with a successful claim regardless of whether the aggregate of Allowed Tolerance exceeds the Monthly Tolerance Cap.

Allowed Tolerance. (a) With respect to a Pricing Zone in a Period, if: (i) the SAS is greater than zero; (ii) the Access Holder does not receive one or more Tolerance path usages that the Access Holder Xxxxxx believes it was entitled to; and (iii) the Access Holder provides ARTC with evidence demonstrating its entitlement to the Tolerance path usages not received, in accordance with subclause (b)(ii), then, subject to subclauses (b) and (c), ARTC will include those Tolerance path usages which the Access Holder was entitled to but did not receive (“Allowed Tolerance”), in the Access Holder’s AH IS for the purposes of determining its entitlement to a TOP rebate accrual in that Period. (b) In order for ARTC to include the Access Holder’s Allowed Tolerance in its AH IS for a Pricing Zone in a Period, the Access Holder must: (i) make a claim in writing within 5 Business Days from the end of the relevant Period, identifying for each Tolerance path usage it did not receive in that Period: (A) the date on which the Tolerance path usage was required; (B) the load point and destination of the relevant Train Path; and (ii) provide sufficient evidence to demonstrate, to ARTC’s reasonable satisfaction, that on the date identified in subclause (b)(i)(A): (A) the Access Holder was ready and capable of railing coal from the nominated load point; (B) the Access Holder had Network Exit Capability relevant to the Tolerance path usage not received; (C) the Network Exit Capability was available for use. (c) ARTC will in good faith consider the Access HolderXxxxxx’s claim, having regard to the evidence provided, to reasonably determine whether a claimed path usage meets the criteria for Allowed Tolerance under subclauses (a) and (b). (d) ARTC will advise the Access Holder in writing which claimed Tolerance path usages will constitute Allowed Tolerance and the reasons for disallowing any claim or part claim. (e) To avoid doubt: (i) a claim made in accordance with clause 2.5(b) of this Schedule may contain a claim for more than one Tolerance path usage not received, and may include claims for more than one Pricing Zone for the same path usage where appropriate; (ii) ARTC will include any Allowed Tolerance for each access holder with a successful claim regardless of whether the aggregate of Allowed Tolerance exceeds the Monthly Tolerance Cap.

Allowed Tolerance. (a) With respect to a Pricing Zone in a Period, if: (i) the SAS is greater than zero; (ii) the Access Holder does not receive one or more Tolerance path usages that the Access Holder Xxxxxx believes it was entitled to; and (iii) the Access Holder provides ARTC with evidence demonstrating its entitlement to the Tolerance path usages not received, in accordance with subclause (b)(ii), then, subject to subclauses (b) and (c), ARTC will include those Tolerance path usages which the Access Holder was entitled to but did not receive (“Allowed Tolerance”), in the Access Holder’s AH IS for the purposes of determining its entitlement to a TOP rebate accrual in that Period. (b) In order for ARTC to include the Access Holder’s Allowed Tolerance in its AH IS for a Pricing Zone in a Period, the Access Holder must: (i) make a claim in writing within 5 Business Days from the end of the relevant Period, identifying for each Tolerance path usage it did not receive in that Period: (A) the date on which the Tolerance path usage was required; (B) the load point and destination of the relevant Train Path; and (ii) provide sufficient evidence to demonstrate, to ARTC’s reasonable satisfaction, that on the date identified in subclause (b)(i)(Ai)(A): (A) the Access Holder was ready and capable of railing coal from the nominated load point; (B) the Access Holder had Network Exit Capability relevant to the Tolerance path usage not received; (C) the Network Exit Capability was available for use. (c) ARTC will in good faith consider the Access HolderXxxxxx’s claim, having regard to the evidence provided, to reasonably determine whether a claimed path usage meets the criteria for Allowed Tolerance under subclauses (a) and (b). (d) ARTC will advise the Access Holder in writing which claimed Tolerance path usages will constitute Allowed Allowable Tolerance and the reasons for disallowing any claim or part claim. (e) To avoid doubt: (i) a claim made in accordance with clause 2.5(b) of this Schedule may contain a claim for more than one Tolerance path usage not received, and may include claims for more than one Pricing Zone for the same path usage where appropriate; (ii) ARTC will include any Allowed Tolerance allowed tolerance for each access holder with a successful claim regardless of whether the aggregate of Allowed Tolerance allowed tolerance exceeds the Monthly Tolerance Cap.

Allowed Tolerance. (a) With respect to a Pricing Zone in a Period, if: (i) the SAS is greater than zero; (ii) the Access Holder does not receive one or more Tolerance path usages that the Access Holder believes it was entitled to; and (iii) the Access Holder provides ARTC with evidence demonstrating its entitlement to the Tolerance path usages not received, in accordance with subclause (b)(ii), then, subject to subclauses (b) and (c), ARTC will include those Tolerance path usages which the Access Holder was entitled to but did not receive (“Allowed Tolerance”), in the Access Holder’s AH IS for the purposes of determining its entitlement to a TOP rebate accrual in that Period. (b) In order for ARTC to include the Access Holder’s Allowed Tolerance in its AH IS for a Pricing Zone in a Period, the Access Holder must: (i) make a claim in writing within 5 Business Days from the end of the relevant Period, identifying for each Tolerance path usage it did not receive in that Period: (A) the date on which the Tolerance path usage was required; (B) the load point and destination of the relevant Train Path; and (ii) provide sufficient evidence to demonstrate, to ARTC’s reasonable satisfaction, that on the date identified in subclause (b)(i)(Ai)(A): (A) the Access Holder was ready and capable of railing coal from the nominated load point; (B) the Access Holder had Network Exit Capability relevant to the Tolerance path usage not received; (C) the Network Exit Capability was available for use. (c) ARTC will in good faith consider the Access Holder’s claim, having regard to the evidence provided, to reasonably determine whether a claimed path usage meets the criteria for Allowed Tolerance under subclauses (a) and (b). (d) ARTC will advise the Access Holder in writing which claimed Tolerance path usages will constitute Allowed Allowable Tolerance and the reasons for disallowing any claim or part claim. (e) To avoid doubt: (i) a claim made in accordance with clause 2.5(b) of this Schedule may contain a claim for more than one Tolerance path usage not received, and may include claims for more than one Pricing Zone for the same path usage where appropriate; (ii) ARTC will include any Allowed Tolerance allowed tolerance for each access holder with a successful claim regardless of whether the aggregate of Allowed Tolerance allowed tolerance exceeds the Monthly Tolerance Cap.