Common use of Cancellation of Scheduled Train Paths Clause in Contracts

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 virtue of this clause, the Operator is required to pay ARTC the flagfall and network occupancy charge components of the Charges during the relevant notice period (“Cancellation Charge”); and (iii) ARTC is able to sell a Scheduled Train Path to another operator (which is a Like Train Path when compared to the Scheduled Train Path cancelled by the Operator) within three (3) months of the date of cancellation; ARTC may refund the Cancellation Charge to the Operator. Whether the cancelled and new Scheduled Train Paths are alike is to be determined by ARTC having regard to the criteria referred to in clause 5.6(a).

Cancellation of Scheduled Train Paths. (a) The Operator may, upon 24 hours prior written notice to ARTC, cancel in any 12 month period with within 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 Serviceservice. (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 shall 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 shall 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 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 virtue of this clause, the Operator is required to pay ARTC the flagfall and network occupancy charge components of the Charges during the relevant notice period (“Cancellation Charge”); and (iii) ARTC is able to sell a Scheduled Train Path to another operator (which is a Like like Train Path when compared to the Scheduled Train Path cancelled by the Operator) within three (3) months of the date of cancellation; ARTC may refund the Cancellation Charge to the Operator. Whether the cancelled and new Scheduled Train Paths are alike is to be determined by ARTC having regard to the criteria referred to in clause 5.6(a).;

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 shall 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 shall 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 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 virtue of this clause, the Operator is required to pay ARTC the flagfall and network occupancy charge components of the Charges during the relevant notice period (“Cancellation Charge”); and (iii) ARTC is able to sell a Scheduled Train Path to another operator (which is a Like Train Path when compared to the Scheduled Train Path cancelled by the Operator) within three (3) months of the date of cancellation; ARTC may refund the Cancellation Charge to the Operator. Whether the cancelled and new Scheduled Train Paths are alike is to be determined by ARTC having regard to the criteria referred to in clause 5.6(a).

Cancellation of Scheduled Train Paths. (a) The Operator may, upon 24 hours prior written notice to ARTC, cancel in any 12 month period with within 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 Serviceservice. (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 shall 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. Amended for clarification following first round consultation comments. (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 shall 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 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 virtue of this clause, the Operator is required to pay ARTC the flagfall and network occupancy charge components of the Charges during the relevant notice period (“Cancellation Charge”); and (iii) ARTC is able to sell a Scheduled Train Path to another operator (which is a Like like Train Path when compared to the Scheduled Train Path cancelled by the Operator) within three (3) months of the date of cancellation; ARTC may refund the Cancellation Charge to the Operator. Whether the cancelled and new Scheduled Train Paths are alike is to be determined by ARTC having regard to the criteria referred to in clause 5.6(a).;

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. (cb) For a Scheduled Train Path of up to 5 years duration, the period of notice required is one (1) 1 year or the balance of the term of the Scheduled Train Path, whichever is the lesser. (dc) For a Scheduled Train Path of 10 years duration, the period of notice required is two (2) 2 years or the balance of the term of the Scheduled Train Path, whichever is the lesser. (ed) For Scheduled Train Paths of between 5 and 10 years duration, the period of notice will be, subject to clause 9.9(g9.10(f), a pro-rata period of notice determined by the following formula: 7 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. (fe) During the notice period under this clause, the Operator will still be obliged to pay the flagfall and network occupancy charge components component 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. (gf) Where the Operator has given notice under clause 9.9(e9.10(d) and continues to operate Services during the notice period as calculated under clause 9.9(e9.10(d), the notice period required will be reduced in accordance with the following formula: N2 = N1 – 2 (U) where: N2 = The the amended period of notice in weeks N1 = The the period of notice calculated under clause 9.9(e9.10(d) U = the number of weeks of the notice period calculated under clause 9.9(e9.10(d) during which the Scheduled Train Path will be utilised utilised. Where N2 equates to zero or a negative figure, no notice is required. (hg) 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. (ih) If: (i) a Scheduled Train Path is cancelled by an Operator; and (ii) by virtue of this clause, the Operator is required to pay ARTC the flagfall and network occupancy charge components component of the Charges during the relevant notice period (“Cancellation Charge”); and (iii) ARTC is able to sell a Scheduled Train Path to another operator (which is a Like Train Path when compared to the Scheduled Train Path cancelled by the Operator) within three (3) 3 months of the date of cancellation; ARTC may will refund the Cancellation Charge to the Operator. Whether the cancelled and new Scheduled Train Paths are alike is to be determined by ARTC having regard to the criteria referred to in clause 5.6(a).