Common use of Annual Determination of BPU, MTC and NPC Clause in Contracts

Annual Determination of BPU, MTC and NPC. (a) For the first Contract Year: (i) the Access Holder’s Base Path Usages for each Period will be agreed between ARTC and the Access Holder, as set out in the Train Path Schedules; (ii) the Monthly Tolerance Cap for each Pricing Zone for each Month will be notified by ARTC to the Access Holder prior to the commencement of this agreement; and (iii) the Network Path Capability for each Pricing Zone for each Period will be notified by ARTC to the Access Holder prior to the commencement of this agreement. (b) For each subsequent Contract Year, ARTC will, before the commencement of that Contract Year, determine the Access Holder’s Base Path Usages for that Contract Year in accordance with the following steps. (i) Following consultation with the HVCCC and the relevant Terminal Operators on the impact of Network Exit Capability and System Assumptions on Coal Chain Capacity, ARTC will use reasonable endeavours to publish by 1 July of each Contract Year, but in any event before 30 September of each Contract Year: (A) its annual maintenance assumptions for the Network for the following Contract Year and specify those Months in which major Network outages are planned (“Maintenance Months”); (B) for each Maintenance Month, the aggregate number of path usages lost in each Pricing Zone as a result of the major Network outage in that month (“Maintenance Losses”); and (C) any known Availability Exception which ARTC reasonably anticipates will have a material impact on the Capacity entitlements of access holders in the following Contract Year. (ii) ARTC will determine, for each Period of the following Contract Year, the Access Holder’s Base Path Usages for each Train Path in accordance with the following principles: (A) ARTC will reduce the Access Holder’s entitlement to Path Usages below the Average Path Usages in each Period in which a Maintenance Month occurs on the basis of all access holders with train paths for Coal Trains in that Pricing Zone bearing an equitable share of the Maintenance Losses and any known Availability Exceptions for that Month and, in doing so, will take into account the number of days in a Month. (B) ARTC will increase the Access Holder’s entitlement to Path Usages above the Average Path Usages in other Periods in that Contract Year to make up for the reduction for Maintenance Losses and any known Availability Exceptions in the Maintenance Month and, in doing so, will take into account the number of days in a Month. (C) The Base Path Usages for each Period in the Contract Year must in aggregate equal the Annual Contracted Path Usages for that Contract Year. (D) If the Path Usages are for the purpose of transporting coal to the Port of Newcastle, ARTC will consult with the HVCCC with the objective of aligning the Access Holder’s Base Path Usages with the Access Holder’s allocation of capacity at the relevant coal terminals and will use reasonable endeavours to achieve such alignment to the extent practicable. (c) For each Contract Year subsequent to the first Contract Year, ARTC will use reasonable endeavours to notify the Access Holder by 30 September of the previous Contract Year but in any event before the commencement of the Contract Year, of the: (i) Network Path Capability in each Pricing Zone for each Period of the Contract Year, determined in accordance with clause 2.3 of Schedule 2; (ii) the Monthly Tolerance Cap in each Pricing Zone for each Month of the Contract Year, determined in accordance with clause 3.3; and (iii) Base Path Usages for the Contract Year. (d) If the Access Holder disputes the Base Path Usages, it must notify ARTC of that dispute under clause 14 within one month of being notified and the dispute will be determined by expert determination in accordance with clause 14.

Annual Determination of BPU, MTC and NPC. (a) For the first Contract Year: (i) the Access Holder’s Base Path Usages for each Period will be agreed between ARTC and the Access Holder, as set out in the Train Path SchedulesSchedule Spreadsheet; (ii) the Monthly Tolerance Cap for each Pricing Zone for each Month will be notified by ARTC to the Access Holder prior to the commencement of this agreement; and (iii) the Network Path Capability for each Pricing Zone for each Period will be notified by ARTC to the Access Holder prior to the commencement of this agreement. (b) For each subsequent Contract Year, ARTC will, before the commencement of that Contract Year, determine the Access Holder’s Base Path Usages for that Contract Year in accordance with the following steps. (i) Following consultation with the HVCCC and the relevant Terminal Operators on the impact of Network Exit Capability and System Assumptions on Coal Chain Capacity, ARTC will use reasonable endeavours to publish by 1 July of each Contract Year, but in any event before 30 September of each Contract Year: (A) its annual maintenance assumptions for the Network for the following Contract Year and specify those Months in which major Network outages are planned (“Maintenance Months”); (B) for each Maintenance Month, the aggregate number of path usages lost in each Pricing Zone as a result of the major Network outage in that month (“Maintenance Losses”); and (C) any known Availability Exception which ARTC reasonably anticipates will have a material impact on the Capacity entitlements of access holders in the following Contract Year. (ii) ARTC will determine, for each Period of the following Contract Year, the Access Holder’s Base Path Usages for each Train Path in accordance with the following principles: (A) ARTC will reduce the Access Holder’s entitlement to Path Usages below the Average Path Usages in each Period in which a Maintenance Month occurs on the basis of all access holders with train paths for Coal Trains in that Pricing Zone bearing an equitable share of the Maintenance Losses and any known Availability Exceptions for that Month and, in doing so, will take into account the number of days in a Month. (B) ARTC will increase the Access Holder’s entitlement to Path Usages above the Average Path Usages in other Periods in that Contract Year to make up for the reduction for Maintenance Losses and any known Availability Exceptions in the Maintenance Month and, in doing so, will take into account the number of days in a Month. (C) The Base Path Usages for each Period in the Contract Year must in aggregate equal the Annual Contracted Path Usages for that Contract Year. (D) If the Path Usages are for the purpose of transporting coal to the Port of Newcastle, ARTC will consult with the HVCCC with the objective of aligning the Access Holder’s Base Path Usages with the Access Holder’s allocation of capacity at the relevant coal terminals and will use reasonable endeavours to achieve such alignment to the extent practicable. (c) For each Contract Year subsequent to the first Contract Year, ARTC will use reasonable endeavours to notify the Access Holder by 30 September of the previous Contract Year but in any event before the commencement of the Contract Year, of the: (i) Network Path Capability in each Pricing Zone for each Period of the Contract Year, determined in accordance with clause 2.3 of Schedule 2; (ii) the Monthly Tolerance Cap in each Pricing Zone for each Month of the Contract Year, determined in accordance with clause 3.3; and (iii) Base Path Usages for the Contract Year. (d) If the Access Holder disputes the Base Path Usages, it must notify ARTC of that dispute under clause 14 within one month of being notified and the dispute will be determined by expert determination in accordance with clause 14.

Annual Determination of BPU, MTC and NPC. (a) For the first Contract Year: (i) the Access Holder’s Base Path Usages for each Period will be agreed between ARTC and the Access Holder, as set out in the Train Path SchedulesSchedule; (ii) the Monthly Tolerance Cap for each Pricing Zone for each Month will be notified by ARTC to the Access Holder prior to the commencement of this agreement; and (iii) the Network Path Capability for each Pricing Zone for each Period will be notified by ARTC to the Access Holder prior to the commencement of this agreement. (b) For each subsequent Contract Year, ARTC will, before the commencement of that Contract Year, determine the Access Holder’s Base Path Usages for that Contract Year in accordance with the following steps. (i) Following consultation with the HVCCC and the relevant Terminal Operators on the impact of Network Exit Capability and System Assumptions on Coal Chain Capacity, ARTC will use reasonable endeavours to publish by 1 July of each Contract Year, but in any event before 30 September of each Contract Year: (A) its annual maintenance assumptions for the Network for the following Contract Year and specify those Months in which major Network outages are planned (“Maintenance Months”); (B) for each Maintenance Month, the aggregate number of path usages lost in each Pricing Zone as a result of the major Network outage in that month (“Maintenance Losses”); and (C) any known Availability Exception which ARTC reasonably anticipates will have a material impact on the Capacity entitlements of access holders in the following Contract Year. (ii) ARTC will determine, for each Period of the following Contract Year, the Access Holder’s Base Path Usages for each Train Path in accordance with the following principles: (A) ARTC will reduce the Access Holder’s entitlement to Path Usages below the Average Path Usages in each Period in which a Maintenance Month occurs on the basis of all access holders with train paths for Coal Trains in that Pricing Zone bearing an equitable share of the Maintenance Losses and any known Availability Exceptions for that Month andMonth, and in doing so, will take into account the number of days in a Month. (B) ARTC will increase the Access Holder’s entitlement to Path Usages above the Average Path Usages in other Periods in that Contract Year to make up for the reduction for Maintenance Losses and any known Availability Exceptions in the Maintenance Month andMonth, and in doing so, will take into account the number of days in a Month. (C) The Base Path Usages for each Period in the Contract Year must in aggregate equal the Annual Contracted Path Usages for that Contract Year. (D) If the Path Usages are for the purpose of transporting coal to the Port of Newcastle, ARTC will consult with the HVCCC with the objective of aligning a the Access Holder’s Base Path Usages with the Access Holder’s allocation of capacity at the relevant coal terminals Terminal Operators and will use reasonable endeavours to achieve such alignment to the extent practicable. (c) For each Contract Year subsequent to the first Contract Year, ARTC will use reasonable endeavours to notify the Access Holder by 30 September of the previous Contract Year but in any event before the commencement of the Contract Year, of the: (i) Network Path Capability in each Pricing Zone for each Period of the Contract Year, determined in accordance with clause 2.3 of Schedule 2; (ii) the Monthly Tolerance Cap in each Pricing Zone for each Month of the Contract Year, determined in accordance with clause 3.3; and (iii) Base Path Usages for the Contract Year. (div) If the Access Holder disputes the Base Path Usages, it must notify ARTC of that dispute under clause 14 within one month of being notified and the dispute will be determined by expert determination in accordance with clause 14.

Annual Determination of BPU, MTC and NPC. (a) For the first Contract Year: (i) the Access Holder’s Base Path Usages for each Period will be agreed between ARTC and the Access Holder, as set out in the Train Path SchedulesSchedulesSchedule Spreadsheet; (ii) the Monthly Tolerance Cap for each Pricing Zone for each Month will be notified by ARTC to the Access Holder prior to the commencement of this agreement; and (iii) the Network Path Capability for each Pricing Zone for each Period will be notified by ARTC to the Access Holder prior to the commencement of this agreement. (b) For each subsequent Contract Year, ARTC will, before the commencement of that Contract Year, determine the Access Holder’s Base Path Usages for that Contract Year in accordance with the following steps. (i) Following consultation with the HVCCC and the relevant Terminal Operators on the impact of Network Exit Capability and System Assumptions on Coal Chain Capacity, ARTC will use reasonable endeavours to publish by 1 July of each Contract Year, but in any event before 30 September of each Contract Year: (A) its annual maintenance assumptions for the Network for the following Contract Year and specify those Months in which major Network outages are planned (“Maintenance Months”); (B) for each Maintenance Month, the aggregate number of path usages lost in each Pricing Zone as a result of the major Network outage in that month (“Maintenance Losses”); and (C) any known Availability Exception which ARTC reasonably anticipates will have a material impact on the Capacity entitlements of access holders in the following Contract Year. (ii) ARTC will determine, for each Period of the following Contract Year, the Access Holder’s Base Path Usages for each Train Path in accordance with the following principles: (A) ARTC will reduce the Access Holder’s entitlement to Path Usages below the Average Path Usages in each Period in which a Maintenance Month occurs on the basis of all access holders with train paths for Coal Trains in that Pricing Zone bearing an equitable share of the Maintenance Losses and any known Availability Exceptions for that Month and, in doing so, will take into account the number of days in a Month. (B) ARTC will increase the Access Holder’s entitlement to Path Usages above the Average Path Usages in other Periods in that Contract Year to make up for the reduction for Maintenance Losses and any known Availability Exceptions in the Maintenance Month and, in doing so, will take into account the number of days in a Month. (C) The Base Path Usages for each Period in the Contract Year must in aggregate equal the Annual Contracted Path Usages for that Contract Year. (D) If the Path Usages are for the purpose of transporting coal to the Port of Newcastle, ARTC will consult with the HVCCC with the objective of aligning the Access Holder’s Base Path Usages with the Access Holder’s allocation of capacity at the relevant coal terminals and will use reasonable endeavours to achieve such alignment to the extent practicable. (c) For each Contract Year subsequent to the first Contract Year, ARTC will use reasonable endeavours to notify the Access Holder by 30 September of the previous Contract Year but in any event before the commencement of the Contract Year, of the: (i) Network Path Capability in each Pricing Zone for each Period of the Contract Year, determined in accordance with clause 2.3 of Schedule 2; (ii) the Monthly Tolerance Cap in each Pricing Zone for each Month of the Contract Year, determined in accordance with clause 3.3; and (iii) Base Path Usages for the Contract Year. (d) If the Access Holder disputes the Base Path Usages, it must notify ARTC of that dispute under clause 14 within one month of being notified and the dispute will be determined by expert determination in accordance with clause 14.

Annual Determination of BPU, MTC and NPC. (a) For the first Contract Year: (i) the Access Holder’s Base Path Usages for each Period will be agreed between ARTC and the Access Holder, as set out in the Train Path Schedules; (ii) the Monthly Tolerance Cap for each Pricing Zone for each Month will be notified by ARTC to the Access Holder prior to the commencement of this agreement; and (iii) the Network Path Capability for each Pricing Zone for each Period will be notified by ARTC to the Access Holder prior to the commencement of this agreement. (b) For each subsequent Contract Year, ARTC will, before the commencement of that Contract Year, determine the Access Holder’s Base Path Usages for that Contract Year in accordance with the following steps. (i) Following consultation with the HVCCC and the relevant Terminal Operators on the impact of Network Exit Capability and System Assumptions on Coal Chain Capacity, ARTC will use reasonable endeavours to publish by 1 July of each Contract Year, but in any event before 30 September of each Contract Year: (A) its annual maintenance assumptions for the Network for the following Contract Year and specify those Months in which major Network outages are planned (“Maintenance Months”); (B) for each Maintenance Month, the aggregate number of path usages lost in each Pricing Zone as a result of the major Network outage in that month (“Maintenance Losses”); and (C) any known Availability Exception which ARTC reasonably anticipates will have a material impact on the Capacity entitlements of access holders in the following Contract Year. (ii) ARTC will determine, for each Period of the following Contract Year, the Access Holder’s Base Path Usages for each Train Path in accordance with the following principles: (A) ARTC will reduce the Access Holder’s entitlement to Path Usages below the Average Path Usages in each Period in which a Maintenance Month occurs on the basis of all access holders with train paths for Coal Trains in that Pricing Zone bearing an equitable share of the Maintenance Losses and any known Availability Exceptions for that Month and, in doing so, will take into account the number of days in a Month. (B) ARTC will increase the Access Holder’s entitlement to Path Usages above the Average Path Usages in other Periods in that Contract Year to make up for the reduction for Maintenance Losses and any known Availability Exceptions in the Maintenance Month and, in doing so, will take into account the number of days in a Month. (C) The Base Path Usages for each Period in the Contract Year must in aggregate equal the Annual Contracted Path Usages for that Contract Year. (D) If the Path Usages are for the purpose of transporting coal to the Port Pport of Newcastle, ARTC will consult with the HVCCC with the objective of aligning the Access Holder’s Base Path Usages with the Access Holder’s allocation of capacity at the relevant coal terminals and will use reasonable endeavours to achieve such alignment to the extent practicable. (c) For each Contract Year subsequent to the first Contract Year, ARTC will use reasonable endeavours to notify the Access Holder by 30 September of the previous Contract Year but in any event before the commencement of the Contract Year, of the: (i) Network Path Capability in each Pricing Zone for each Period of the Contract Year, determined in accordance with clause 2.3 of Schedule 2; (ii) the Monthly Tolerance Cap in each Pricing Zone for each Month of the Contract Year, determined in accordance with clause 3.3; and (iii) Base Path Usages for the Contract Year. (d) If the Access Holder disputes the Base Path Usages, it must notify ARTC of that dispute under clause 14 within one month of being notified and the dispute will be determined by expert determination in accordance with clause 14.

Annual Determination of BPU, MTC and NPC. (a) For the first Contract Year: (i) the Access Holder’s Base Path Usages for each Period will be agreed between ARTC and the Access Holder, as set out in the Train Path Schedules; (ii) the Monthly Tolerance Cap for each Pricing Zone for each Month will be notified by ARTC to the Access Holder prior to the commencement of this agreement; and (iii) the Network Path Capability for each Pricing Zone for each Period will be notified by ARTC to the Access Holder prior to the commencement of this agreement. (b) For each subsequent Contract Year, ARTC will, before the commencement of that Contract Year, determine the Access Holder’s Base Path Usages for that Contract Year in accordance with the following steps. (i) Following consultation with the HVCCC and the relevant Terminal Operators on the impact of Network Exit Capability and System Assumptions on Coal Chain Capacity, ARTC will use reasonable endeavours to publish by 1 July of each Contract Year, but in any event before 30 September of each Contract Year: (A) its annual maintenance assumptions for the Network for the following Contract Year and specify those Months in which major Network outages are planned (“Maintenance Months”); (B) for each Maintenance Month, the aggregate number of path usages lost in each Pricing Zone as a result of the major Network outage in that month (“Maintenance Losses”); and (C) any known Availability Exception which ARTC reasonably anticipates will have a material impact on the Capacity entitlements of access holders in the following Contract Year. (ii) ARTC will determine, for each Period of the following Contract Year, the Access Holder’s Base Path Usages for each Train Path in accordance with the following principles: (A) ARTC will reduce the Access Holder’s entitlement to Path Usages below the Average Path Usages in each Period in which a Maintenance Month occurs on the basis of all access holders with train paths for Coal Trains in that Pricing Zone bearing an equitable share of the Maintenance Losses and any known Availability Exceptions for that Month and, in doing so, will take into account the number of days in a Month. (B) ARTC will increase the Access Holder’s entitlement to Path Usages above the Average Path Usages in other Periods in that Contract Year to make up for the reduction for Maintenance Losses and any known Availability Exceptions in the Maintenance Month and, in doing so, will take into account the number of days in a Month. (C) The Base Path Usages for each Period in the Contract Year must in aggregate equal the Annual Contracted Path Usages for that Contract Year. (D) If the Path Usages are for the purpose of transporting coal to the Port port of Newcastle, ARTC will consult with the HVCCC with the objective of aligning the Access Holder’s Base Path Usages with the Access Holder’s allocation of capacity at the relevant coal terminals and will use reasonable endeavours to achieve such alignment to the extent practicable. (c) For each Contract Year subsequent to the first Contract Year, ARTC will use reasonable endeavours to notify the Access Holder by 30 September of the previous Contract Year but in any event before the commencement of the Contract Year, of the: (i) Network Path Capability in each Pricing Zone for each Period of the Contract Year, determined in accordance with clause 2.3 of Schedule 2; (ii) the Monthly Tolerance Cap in each Pricing Zone for each Month of the Contract Year, determined in accordance with clause 3.3; and (iii) Base Path Usages for the Contract Year. (d) If the Access Holder disputes the Base Path Usages, it must notify ARTC of that dispute under clause 14 within one month of being notified and the dispute will be determined by expert determination in accordance with clause 14.