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.
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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.
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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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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.

  • Cancellation of Service You have the right to cancel this Agreement with NEC Co-op Energy without penalty or fee of any kind within three (3) federal business days after you receive your Terms of Service Agreement. NEC Co-op Energy will provide you with 45 calendar days advance written notice of any material change in the Terms of Service, either in your bill or in a separate mailing. The changes will become effective on the date stated in the notice unless you cancel your Agreement. You may cancel your Agreement no later than 10 calendar days before the effective date of the material change. In the event of cancellation, if you request a specific date to switch your service other than your next meter read date, you may incur a cost for this switch. Service Protections: NEC Co-op Energy will not terminate a customer's service for (1) delinquency of payment by a previous occupant, (2) failure to pay charges not related to electric service, (3) failure to pay for a different class of electric service, (4) failure to pay an under billing, other than for theft of service, more than 6 months old, (5) failure to pay for a disputed charge until a determination as to the accuracy is made,

  • Service Cancellation You may cancel the EM Service at any time by providing us thirty (30) calendar days prior written notice. In the event you wish to cancel your EM Service, you may do so by calling 0-000-000-0000 if associated with Basic Internet Service or 0-000-000-0000 for Fios Service. If you cancel during your Term Plan, you agree to pay us: (a) all Service fees accrued as of the cancellation date and (b) a termination charge equal to thirty-five percent (35%) of the applicable monthly rate times the number of months remaining in your Term Plan. You are responsible in all cases for the full amount of telephone company circuit cancellation charges incurred by you as a result of your cancellation.

  • Contract Cancellation By written notice and without a cure period, Buyer may cancel the whole Contract, or any part of this Contract, in the event of the suspension of Seller’s business, insolvency of Seller, institution of bankruptcy, liquidation proceedings by or against Seller, appointment of a trustee or receiver for Seller’s property or business, any assignment, reorganization, or arrangement by Seller for the benefit of creditors, or the debarment or suspension of Seller by any Government agency. Xxxxx’s remedies in the event of a cancellation of the Contract pursuant to this ¶ 18 shall be the same as set forth in ¶ 19, TERMINATION FOR DEFAULT.

  • 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:

  • Trip Cancellation If You cancel Your Trip prior to the Scheduled Departure Date, We will reimburse You, up to the Maximum Benefit Amount shown in the Schedule of Benefits, for unused, forfeited, prepaid non-refundable Payments or Deposits for the Travel Arrangements You purchased for Your Trip, provided the cancellation occurs while coverage is in effect for You and is due to any of the following covered Unforeseen reasons, as defined:

  • CANCELLATION OF AGREEMENT In the event that prior to the Closing Date (a) trading in securities on the New York Stock Exchange generally, or in securities of the Bank in particular, shall have been suspended, or minimum prices established by the New York Stock Exchange, or any new restrictions on transactions in securities shall have been established by the New York Stock Exchange or by the Commission or by any other United States Federal or State agency or by any action of the United States Congress or by executive order to such a degree as, in your judgment as the Representatives, to affect materially and adversely the marketing of the Securities or (b) existing financial, political or economic conditions in Europe, the United States or elsewhere shall have undergone any change which, in your judgment as the Representatives, would materially and adversely affect the market for the Securities, this Agreement and all obligations of the Underwriters hereunder may be canceled at, or at any time prior to, the Closing Date by you, as the Representatives, without liability on the part of any Underwriter to the Bank or of the Bank to any Underwriter, subject to Section 11(e). Notice of such cancellation shall be given to the Bank in writing, or by cable or telephone confirmed in writing.

  • Cancellation of Event Subject to the termination provisions contained herein, if Emerald cancels the Event in advance of the start of the Event for reasons other than force majeure, Emerald shall refund to Exhibitor its booth space rental payment previously paid (less Exhibitor’s pro rata share of all costs and expenses incurred and committed by Emerald in the case of cancellation due to circumstances outside of Emerald’s control) in full satisfaction of all liabilities of Emerald and Facility to Exhibitor. Notwithstanding the foregoing, Emerald, using its sole discretion, may cancel the Event in advance of the start of, or during, the Event for the safety and security of the Event participants without an obligation to refund any payments made by Exhibitor. If such cancellation is the result of force majeure for which Emerald recovers insurance proceeds, Emerald will offer, in any manner in Emerald’s sole discretion, all such proceeds for the benefit of Event exhibitors. Under all circumstances, Emerald reserves the right to postpone, rename or relocate the Event or change the Event dates. If Emerald changes the name of the Event, relocates the Event to another facility within the same geographic area, or changes the Event dates to dates that are not more than 30 days earlier or 30 days later, no refund will be due to Exhibitor, and Emerald shall assign to Exhibitor, in lieu of the original space, other space as Emerald reasonably deems appropriate, and Exhibitor agrees to accept such space under the terms of this Agreement.

  • 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.

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