Cancellation of Scheduled Train Paths Sample Clauses

Cancellation of Scheduled Train Paths. (a) The Operator may, upon 24 hours prior written notice to ARTC, cancel in any 12 month period with the first 12 month period commencing on the Commencement Date, such number of Services per Scheduled Train Path as specified in Schedule 2 with no liability to ARTC to pay for the Charges in respect of the Services so cancelled. For the purpose of this clause, each one way journey is deemed to be a separate Service. (b) The Operator may cancel certain Scheduled Train Paths at will by serving a written notice on ARTC to that effect in accordance with this clause. (c) For a Scheduled Train Path of up to 5 years duration, the period of notice required is one (1) year or the balance of the term of the Scheduled Train Path, whichever is the lesser. (d) For a Scheduled Train Path of 10 years duration, the period of notice required is two (2) years or the balance of the term of the Scheduled Train Path, whichever is the lesser. (e) For Scheduled Train Paths of between 5 and 10 years duration, the period of notice will be, subject to clause 9.9(g), a pro-rata period of notice determined by the following formula: where: N = is the period of notice in weeks A = is the term of the Scheduled Train Path in years or the balance of the term of the Scheduled Train Path, whichever is the lesser. (f) During the notice period under this clause, the Operator will still be obliged to pay the flagfall and network occupancy charge components of the Charges whether or not the Operator operates a Service. Nothing in this clause prevents the Operator from operating a Service during the notice period and paying ARTC the full Charges payable under this Agreement in respect of that Service. (g) Where the Operator has given notice under clause 9.9(e) and continues to operate Services during the notice period as calculated under clause 9.9(e), the notice period required will be reduced in accordance with the following formula: N2 = N1 – 2 (U) where: N2 = The amended period of notice in weeks N1 = The period of notice calculated under clause 9.9(e) U = the number of weeks of the notice period calculated under clause 9.9(e) during which the Scheduled Train Path will be utilised Where N2 equates to zero or a negative figure, no notice is required. (h) A notice given by the Operator in accordance with this clause will be, and is hereby deemed to be, an amendment to Schedule 2 upon the expiry of the notice period. (i) If: (i) a Scheduled Train Path is cancelled by an Operator; and (ii) by vir...
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Cancellation of Scheduled Train Paths. As previously pointed out, we oppose the imposition of cancellation fees as we are of the view that these fees are penalties which will hinder the promotion of rail growth. Further, ARTC’s interests are protected by the under-utilization provisions. In relation to sub-clause 9.8 (b), we note your previous advice that, for the purpose of this clause, SCT’s train paths on Tuesday and Friday are like train paths and as such, we would be permitted to transfer the allowable cancellations between those train paths pursuant to this clause. As pointed out to you during previous meetings, our concern is that sub-clause 5.6 (c) could be read such that these train paths, because they have different arrival and departure times, are not like train paths and on this basis, we would not be permitted to transfer the allowable cancellations between these two train paths pursuant to sub-clause 9.8 (b). In relation to sub-clause 9.8 (j), we are of the view that if ARTC is able to sell to another operator the scheduled train path which is a similar train path in terms of revenue, then, depending upon that revenue, there should be a refund or partial refund of the cancellation charge. Further, we do not believe it is necessary that the train path be sold within three months from the date of cancellation. What should be relevant is the amount of revenue ARTC receives at any time during the original term of the cancelled train path. The clause should be amended in any event to provide certainty and so as to read “ARTC shall refund …”. We understand that operators have an option to contract a particular train path and specify the days on which those paths would be used. It seems to us that the agreement is silent on this issue and we would appreciate you providing us with further details in this regard. In particular, we would like to know whether there will be any penalty free cancellations in the event we contract the path for, say 48 weeks in a year.
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Cancellation of Scheduled Train Paths a) The Operator may, upon 24 hours prior written notice to ARTC, cancel in any 12 month period commencing on the Commencement Date, such number of Services per Scheduled Train Path as specified in Schedule 2 with no liability to ARTC to pay for the Charges in respect of the Services so cancelled. For the purpose of this clause, each one way journey is deemed to be a separate service. b) Where an Operator has been granted like Scheduled Train Paths, the allowable cancellations referred to in clause 9.8(a) may be transferred by the Operator between the like Scheduled Train Paths by notice in writing to ARTC. Whether particular Scheduled Train Paths are alike (and therefore whether a transfer under this clause is permissible) is to be determined by reference to the criteria referred to in clause 5.6(c). c) The Operator may cancel certain Scheduled Train Paths at will by serving a written notice on ARTC to that effect in accordance with this clause. d) For a Scheduled Train Path of up to 5 years duration, the period of notice required is one (1) year or the balance of the term of the Scheduled Train Path, whichever is the lesser. e) For a Scheduled Train Path of 10 years duration, the period of notice required is two
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Cancellation of Scheduled Train Paths. (a) The Operator may cancel certain Scheduled Train Paths at will by serving a written notice on ARTC to that effect in accordance with this clause. (b) For a Scheduled Train Path of up to 5 years duration, the period of notice required is 1 year or the balance of the term of the Scheduled Train Path, whichever is the lesser. (c) For a Scheduled Train Path of 10 years duration, the period of notice required is 2 years or the balance of the term of the Scheduled Train Path, whichever is the lesser.
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Related to Cancellation of Scheduled Train Paths

  • Cancellation of Services (a) ARTC will request the HVCCC to inform ARTC on a weekly basis of the total number of cancelled services assigned to the Access Holder in the previous week by the Live Run Superintendent Group, as collated and reported by the HVCCC, and whether the total number of cancellations assigned to the Access Holder in that week has had, in the reasonable opinion of the HVCCC, an impact on Capacity, Coal Chain Capacity or the Capacity entitlement of another access holder in that week. (b) To avoid doubt, the number of cancelled services assigned to the Access Holder, as collated and reported by the HVCCC, may include cancellations of services scheduled to be used or operated by or on behalf of another access holder where the cancellation was assigned to the Access Holder by the Live Run Superintendent Group. (c) If ARTC is informed by the HVCCC that the cancellations in clause 11.6(a) have had, in the reasonable opinion of the HVCCC, an impact on Capacity, Coal Chain Capacity or the Capacity entitlement of another access holder, then ARTC may remove Path Usages from the Access Holder’s Base Path Usages in the Period immediately following the Period in which the cancellations had an impact on Capacity, Coal Chain Capacity, or the contractual entitlement of another access holder. (d) If Base Path Usages are removed in accordance with this clause 11.6(c), ARTC will delete the number of removed Path Usages from the Access Holder’s Annual Contracted Path Usages in the relevant Train Path Schedule by notice to the Access Holder. To avoid doubt, a cancellation or a reduction of Path Usages made available to the Access Holder as a result of a Capacity Shortfall under clause 6 will not constitute a cancellation under this clause 11.6. (e) The number of Path Usages to be removed from the Access Holder under (i) in respect of the number of cancellations assigned to the Access Holder due to a single event be no more than two; and (ii) in total will be no more than the number of cancellations reported in clause 11.6. (f) If ARTC is informed by the HVCCC that the cancellations reported in this clause 11.6 have had, in the reasonable opinion of the HVCCC, an impact on Capacity, Coal Chain Capacity or the Capacity entitlement of another access holder, but ARTC has not removed Base Path Usages from the Access Holder, then ARTC will provide written reasons for its decision not to remove Base Path Usages from the Access Holder to: (i) the HVCCC; or (ii) if requested, the Access Holder where it is not a member of the HVCCC, subject to any confidentiality restrictions, within 10 Business Days of making that decision. (g) To avoid doubt, the Access Holder’s obligation to pay TOP Charges will be unaffected by the removal of Base Path Usages under this clause 11.6. (h) Clause 14 does not apply to any determination by ARTC under this clause 11.6. (i) In exercising its rights under clause 11.6, ARTC is entitled to rely on information provided by, and the recommendations and opinions of, the HVCCC. (j) This clause 11.6 is subject to any changes arising from the review under section 5.8 of the Access Undertaking.

  • TERMINATION/CANCELLATION Cancellation of orders once placed with or accepted by Seller can be made only with Seller’s consent. Should Buyer, due to good cause, desire to affect the cancellation of an accepted order, Seller will accept such cancellation on the following basis: (a) For all made-to-order Goods: Buyer shall pay the purchase price in full for all items completed and ready for delivery; Buyer shall pay a percentage of the purchase price on such items as shall not be completed, equivalent to the percentage of completion; and Buyer shall pay in full the cost of all raw materials, consumable materials, manufacturing dies, tools, patterns and fixtures acquired exclusively for the order, and will take ownership and possession of all such items and will be responsible for labor or other documenting expenses incurred in connection therewith. (b) For all made-to-stock Goods: Buyer shall pay (i) all costs and expenses of placing the cancelled Goods in a saleable condition (restocking charge), (ii) any outgoing and incoming freight charges incurred by Seller in connection with the delivery and return of such Goods, if applicable, and (iii) all reasonable and necessary expenses incurred by Seller directly incident to the order up to the date of cancellation. Invoices covering said costs shall be due and payable immediately upon Seller’s acceptance of cancellation. A stop work order will be deemed a cancellation and the provisions of this paragraph shall apply. If Buyer purchases Goods pursuant to an order for use in a contract with the U.S. Government and the U.S. Government terminates Buyer’s prime contract or a portion thereof for convenience, Buyer shall have the right to terminate only that portion of its contract with Seller which has been terminated by the U.S. Government in its prime contract. In such case, Buyer shall be responsible for those costs set forth above.

  • CANCELLATION OF CONTRACT The Division of Procurement Services reserves the right to cancel a contract with a thirty-day written notice OR cancel immediately if the contractor does not conform to terms and conditions and specifications of contract.

  • Termination/Cancellation/Rejection The State specifically reserves the right upon written notice to immediately terminate the contract or any portion thereof at no additional cost to the State, providing, in the opinion of its Commissioner of Buildings and General Services, the products supplied by Contractor are not satisfactory or are not consistent with the terms of this Contract. The State also specifically reserves the right upon written notice, and at no additional cost to the State, to immediately terminate the contract for convenience and/or to immediately reject or cancel any order for convenience at any time prior to shipping notification.

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