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.
Appears in 5 contracts
Samples: Access Holder Agreement, Access Holder Agreement, Access Holder Agreement
