ARTC termination rights Sample Clauses

ARTC termination rights. (a) ARTC may terminate: (i) a Train Path Schedule by giving the Access Holder no less than three months’ written notice if the mine to which the Train Path Schedule relates has permanently ceased operation; or (ii) this agreement on notice to the Access Holder if the NSW Lease is terminated by either party to that lease and not promptly replaced by a new lease or rights enabling ARTC to grant access rights to the Network. (b) If ARTC terminates a Train Path Schedule or this agreement under this clause 12.3, then neither party has any Liability for the failure to provide any Path Usages on the relevant Train Paths or the applicable TOP Charges following the termination.
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ARTC termination rights. (a) ARTC may terminate: (i) a Train Path Schedule by giving the Access Holder no less than three months’ written notice if the mine to which the Train Path Schedule relates has permanently ceased operation; or [Drafting note – access rights are evergreen and it is expected that Access Holder’s will terminate in line with mine closures following the Initial Period. This is a back up right to ensure no hoarding.] (ii) this agreement on notice to the Access Holder if the NSW Lease is terminated by either party to that lease and not promptly replaced by a new lease or rights enabling ARTC to grant access rights to the Network. (b) If ARTC terminates a Train Path Schedule or this agreement under this clause 12.3, then neither party has any Liability for the failure to provide any Path Usages on the relevant Train Paths or the applicable TOP Charges following the termination.
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ARTC termination rights. (a) ARTC may terminate: (i) a Train Path Schedule by giving the Access Holder no less than three months’ written notice if the mine to which the (ii) this agreement on notice to the Access Holder if the NSW Lease is terminated by either party to that lease and not promptly replaced by a new lease or rights enabling ARTC to grant access rights to the Network. (b) If ARTC terminates a Train Path Schedule or this agreement under this clause 12.3, then neither party has any Liability for the failure to provide any Path Usages on the relevant Train Paths or the applicable TOP Charges, Innovation Charges and Efficiency Incentive Charges (as applicable) following the termination.
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Related to ARTC termination rights

  • Termination Right The Representative shall have the right to terminate this Agreement at any time prior to any Closing Date, (i) if any domestic or international event or act or occurrence has materially disrupted, or in its opinion will in the immediate future materially disrupt, general securities markets in the United States; or (ii) if trading on any Trading Market shall have been suspended or materially limited, or minimum or maximum prices for trading shall have been fixed, or maximum ranges for prices for securities shall have been required by FINRA or by order of the Commission or any other government authority having jurisdiction, or (iii) if the United States shall have become involved in a new war or an increase in major hostilities, or (iv) if a banking moratorium has been declared by a New York State or federal authority, or (v) if a moratorium on foreign exchange trading has been declared which materially adversely impacts the United States securities markets, or (vi) if the Company shall have sustained a material loss by fire, flood, accident, hurricane, earthquake, theft, sabotage or other calamity or malicious act which, whether or not such loss shall have been insured, will, in the Representative’s opinion, make it inadvisable to proceed with the delivery of the Securities, or (vii) if the Company is in material breach of any of its representations, warranties or covenants hereunder, or (viii) if the Representative shall have become aware after the date hereof of such a material adverse change in the conditions or prospects of the Company, or such adverse material change in general market conditions as in the Representative’s judgment would make it impracticable to proceed with the offering, sale and/or delivery of the Securities or to enforce contracts made by the Underwriters for the sale of the Securities.

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