Common use of Capacity Allocation Clause in Contracts

Capacity Allocation. Banedanmark allocates capacity on behalf of ØSB. The RU is allocated the capacity to carry out train operation. Allocation is granted annually on the basis of a specific application from the RU and Banedanmark provides a written confirmation on the awarded capacity allocation. Additional capacity for occasional transport may also be allocated. The allocation principles are set forth in the applicable executive order on allocation of railway infrastructure capacity (paths) etc. Deadlines for application and allocation of capacity are provided on Banedanmark’s website. As part of the capacity allocation process the parties must exchange data. Banedanmark continually makes infrastructure data available for the RU. The RU submits rolling stock data and production data to Banedanmark. To preserve the right to allocated paths, the RU must utilize these. If the RU partly or totally ceases to utilize allocated paths, the RU is obliged to inform Banedanmark immediately and without any undue delay. If the RU does not wish to utilize the allocated path, the path must be cancelled. Such cancellation is subject to a charge. The determination of such charge is governed by the applicable executive order on infrastructure charges etc. for the State’s rail network. The first day of every month, Banedanmark quantifies the utilized capacity compared to the volume of allocated capacity. In order to ensure optimal utilization of the capacity, Banedanmark may revoke one or more paths, if less than 75 % is used within at least a month of the allocated capacity. Banedanmark’s right to revoke does not apply if the decreased utilization of the capacity is due to circumstances outside the influence of the RU. In case of congested infrastructure the Danish Transport and Construction Agency will, according to the applicable executive order on allocation of railway infrastructure capacity (paths) etc., determine the threshold for when Banedanmark may revoke utilization of one or more paths. Passenger and freight traffic not carried out as a public service is subject to applicable law on allocation of rail way infrastructure capacity (paths) etc. stating that the RU reserves the right to 90 % of the paths from previous capacity allocated on all tracks from one allocation period to the next, if an application is submitted. Optional paths may be revoked by Banedanmark on prior agreement between the RU and Banedanmark. However, Banedanmark reserves the right to revoke a given path without prior agreement with the RU if an appropriate application is not submitted for the relevant path at least five days before the actual operation of the path. In connection with specific sales projects/research studies, an agreed timetable can be determined for up to thirty days.

Capacity Allocation. Banedanmark Rail Net Denmark allocates capacity on behalf of ØSB. The RU is allocated the capacity to carry out train operation. Allocation is granted annually on the basis of a specific application from the RU and Banedanmark Rail Net Denmark provides a written confirmation on the awarded capacity allocation. Additional capacity for occasional transport may also be allocated. The allocation principles are set forth in the applicable executive order on allocation of railway infrastructure capacity (paths) etc. Deadlines for application and allocation of capacity are provided on BanedanmarkRail Net Denmark’s website. As part of the capacity allocation process the parties must exchange data. Banedanmark Rail Net Denmark continually makes infrastructure data available for the RU. The RU submits rolling stock data and production data to BanedanmarkRail Net Denmark. To preserve the right to allocated paths, the RU must utilize these. If the RU partly or totally ceases to utilize allocated paths, the RU is obliged to inform Banedanmark Rail Net Denmark immediately and without any undue delay. If the RU does not wish to utilize the allocated path, the path must be cancelled. Such cancellation is subject to a charge. The determination of such charge is governed by the applicable executive order on infrastructure charges etc. for the State’s rail network. The first day of every month, Banedanmark Rail Net Denmark quantifies the utilized capacity compared to the volume of allocated capacity. In order to ensure optimal utilization of the capacity, Banedanmark Rail Net Denmark may revoke one or more paths, if less than 75 % is used within at least a month of the allocated capacity. BanedanmarkRail Net Denmark’s right to revoke does not apply if the decreased utilization of the capacity is due to circumstances outside the influence of the RU. In case of congested infrastructure the Danish Transport and Construction Agency will, according to the applicable executive order on allocation of railway infrastructure capacity (paths) etc., determine the threshold for when Banedanmark Rail Net Denmark may revoke utilization of one or more paths. Passenger and freight traffic not carried out as a public service is subject to applicable law on allocation of rail way infrastructure capacity (paths) etc. stating that the RU reserves the right to 90 % of the paths from previous capacity allocated on all tracks from one allocation period to the next, if an application is submitted. Optional paths may be revoked by Banedanmark Rail Net Denmark on prior agreement between the RU and BanedanmarkRail Net Denmark. However, Banedanmark Rail Net Denmark reserves the right to revoke a given path without prior agreement with the RU if an appropriate application is not submitted for the relevant path at least five days before the actual operation of the path. In connection with specific sales projects/research studies, an agreed timetable can be determined for up to thirty days.

Capacity Allocation. Banedanmark allocates capacity on behalf of ØSB. The RU Capacity is allocated to the capacity Railway Undertaking to carry out train operationoperations. Allocation The allocation is granted annually on the basis of a specific application from the RU and Railway Undertaking. Banedanmark provides a written confirmation on the awarded capacity allocation. Additional capacity for occasional transport may also be allocated. The allocation principles are set forth in the applicable executive order on allocation of railway infrastructure capacity (paths) etc. Deadlines for application and allocation of capacity are provided on Banedanmark’s website. As part of the capacity allocation process the parties must exchange data. Banedanmark continually makes infrastructure data available for the RURailway Undertaking. The RU Railway Undertaking submits rolling stock data and production data to Banedanmark. To preserve the right to allocated paths, the RU Railway Undertaking must utilize these. If the RU Railway Undertaking partly or totally ceases to utilize allocated paths, the RU Railway Undertaking is obliged to inform Banedanmark immediately and without any undue delay. If the RU Railway Undertaking does not wish to utilize the allocated path, the path must be cancelled. Such cancellation is subject to a charge. The determination of such charge is governed by the applicable executive valid Executive order on infrastructure charges etc. for the State’s rail network. The first day of every month, Banedanmark quantifies the utilized capacity compared to the volume of allocated capacity. In order to ensure optimal utilization of the capacity, Banedanmark may revoke one or more paths, if less than 75 % is used within at least a month of the allocated capacity. Banedanmark’s right to revoke does not apply if the decreased utilization of the capacity is due to circumstances outside the influence of the RURailway Undertaking. In case of congested infrastructure infrastructure, the Danish Transport Traffic, Building and Construction Housing Agency will, according to the applicable executive valid Executive order on allocation of railway infrastructure capacity (paths) etc., determine the threshold for when Banedanmark may revoke utilization of one or more paths. Passenger and freight traffic not carried out as a public service obligation is subject to applicable law valid Executive order on allocation of rail way railway infrastructure capacity (paths) etc. stating that the RU Railway Undertaking reserves the right to 90 % of the paths from previous capacity allocated on all tracks from one allocation period to the next, if an application is submitted. Optional paths may be revoked by Banedanmark on prior agreement between the RU Railway Undertaking and Banedanmark. However, Banedanmark reserves the right to revoke a given path without prior agreement with the RU Railway Undertaking, if an appropriate application is not submitted for the relevant path at least five days before the actual operation of the path. In connection with specific sales projects/research studies, an agreed timetable can be determined for up to thirty days.

Capacity Allocation. Banedanmark allocates capacity on behalf of ØSB. The RU is allocated the capacity to carry out train operation. Allocation is granted annually on the basis of a specific application from the RU and Banedanmark provides a written confirmation on the awarded capacity allocation. Additional capacity for occasional transport may also be allocated. The allocation principles are set forth in the applicable executive order on allocation of railway infrastructure capacity (paths) etc. Deadlines for application and allocation of capacity are provided on Banedanmark’s website. As part of the capacity allocation process the parties must exchange data. Banedanmark continually makes infrastructure data available for the RU. The RU submits rolling stock data and production data to Banedanmark. To preserve the right to allocated paths, the RU must utilize these. If the RU partly or totally ceases to utilize allocated paths, the RU is obliged to inform Banedanmark immediately and without any undue delay. If the RU does not wish to utilize the allocated path, the path must be cancelled. Such cancellation is subject to a charge. The determination of such charge is governed by the applicable executive order on infrastructure charges etc. for the State’s rail network. The first day of every month, Banedanmark quantifies the utilized capacity compared to the volume of allocated capacity. In order to ensure optimal utilization of the capacity, Banedanmark may revoke one or more paths, if less than 75 % is used within at least a month of the allocated capacity. Banedanmark’s right to revoke does not apply if the decreased utilization of the capacity is due to circumstances outside the influence of the RU. In case of congested infrastructure infrastructure, the Danish Transport Traffic, Building and Construction Housing Agency will, according to the applicable executive order on allocation of railway infrastructure capacity (paths) etc., determine the threshold for when Banedanmark may revoke utilization of one or more paths. Passenger and freight traffic not carried out as a public service obligation is subject to applicable law on allocation of rail way infrastructure capacity (paths) etc. stating that the RU reserves the right to 90 % of the paths from previous capacity allocated on all tracks from one allocation period to the next, if an application is submitted. Optional paths may be revoked by Banedanmark on prior agreement between the RU and Banedanmark. However, Banedanmark reserves the right to revoke a given path without prior agreement with the RU RU, if an appropriate application is not submitted for the relevant path at least five days before the actual operation of the path. In connection with specific sales projects/research studies, an agreed timetable can be determined for up to thirty days.

Capacity Allocation. Banedanmark allocates capacity on behalf of ØSB. The RU Capacity is allocated to the capacity Railway Undertaking to carry out train operationoperations. Allocation The allocation is granted annually on the basis of a specific application from the RU and Railway Undertaking. Banedanmark provides a written confirmation on the awarded capacity allocation. Additional capacity for occasional transport may also be allocated. The allocation principles are set forth in the applicable executive order on allocation of railway infrastructure capacity (paths) etc. Deadlines for application and allocation of capacity are provided on Banedanmark’s website. As part of the capacity allocation process the parties must exchange data. Banedanmark continually makes infrastructure data available for the RURailway Undertaking. The RU Railway Undertaking submits rolling stock data and production data to Banedanmark. To preserve the right to allocated paths, the RU Railway Undertaking must utilize these. If the RU Railway Undertaking partly or totally ceases to utilize allocated paths, the RU Railway Undertaking is obliged to inform Banedanmark immediately and without any undue delay. If the RU Railway Undertaking does not wish to utilize the allocated path, the path must be cancelled. Such cancellation is subject to a charge. The determination of such charge is governed by the applicable executive valid Executive order on infrastructure charges etc. for the State’s rail network. The first day of every month, Banedanmark quantifies the utilized capacity compared to the volume of allocated capacity. In order to ensure optimal utilization of the capacity, Banedanmark may revoke one or more paths, if less than 75 % is used within at least a month of the allocated capacity. Banedanmark’s right to revoke does not apply if the decreased utilization of the capacity is due to circumstances outside the influence of the RURailway Undertaking. In case of congested infrastructure infrastructure, the Danish Transport Traffic, Building and Construction Housing Agency will, according to the applicable executive valid Executive order on allocation of railway infrastructure capacity (paths) etc., determine the threshold for when Banedanmark may revoke utilization of one or more paths. Passenger and freight traffic not carried out as a public service obligation is subject to applicable law valid Executive order on allocation of rail way railway infrastructure capacity (paths) etc. stating that the RU Railway Undertaking reserves the right to 90 % of the paths from previous capacity allocated on all tracks from one allocation period to the next, if an application is submitted. Optional paths may be revoked by Banedanmark on prior agreement between the RU Railway Undertaking and Banedanmark. However, Banedanmark reserves the right to revoke a given path without prior agreement with the RU Railway Undertaking, if an appropriate application is not submitted for the relevant path at least five days before the actual operation of the path. In connection with specific sales projects/research studies, an agreed timetable can be determined for up to thirty days.

Capacity Allocation. Banedanmark allocates capacity on behalf of ØSB. The RU is allocated the capacity to carry out train operation. Allocation is granted annually on the basis of a specific application from the RU and Banedanmark Rail Net Denmark provides a written confirmation on the awarded capacity allocation. Additional capacity for occasional transport may also be allocated. The allocation principles are set forth in the applicable executive order on allocation of railway infrastructure capacity (paths) etc. Deadlines for application and allocation of capacity are provided on BanedanmarkRail Net Denmark’s website. As part of the capacity allocation process the parties must exchange data. Banedanmark Rail Net Denmark continually makes infrastructure data available for the RU. The RU submits rolling stock data and production data to BanedanmarkRail Net Denmark. To preserve the right to allocated paths, the RU must utilize these. If the RU partly or totally ceases to utilize allocated paths, the RU is obliged to inform Banedanmark Rail Net Denmark immediately and without any undue delay. If the RU does not wish to utilize the allocated path, the path must be cancelled. Such cancellation is subject to a charge. The determination of such charge is governed by the applicable executive order on infrastructure charges etc. for the State’s rail network. The first day of every month, Banedanmark Rail Net Denmark quantifies the utilized capacity compared to the volume of allocated capacity. In order to ensure optimal utilization of the capacity, Banedanmark Rail Net Denmark may revoke one or more paths, if less than 75 % is used within at least a month of the allocated capacity. BanedanmarkRail Net Denmark’s right to revoke does not apply if the decreased utilization of the capacity is due to circumstances outside the influence of the RU. In case of congested infrastructure the Danish Transport Traffic, Building and Construction Housing Agency will, according to the applicable executive order on allocation of railway infrastructure capacity (paths) etc., determine the threshold for when Banedanmark Rail Net Denmark may revoke utilization of one or more paths. Passenger and freight traffic not carried out as a public service obligation is subject to applicable law on allocation of rail way infrastructure capacity (paths) etc. stating that the RU reserves the right to 90 % of the paths from previous capacity allocated on all tracks from one allocation period to the next, if an application is submitted. Optional paths may be revoked by Banedanmark Rail Net Denmark on prior agreement between the RU and BanedanmarkRail Net Denmark. However, Banedanmark Rail Net Denmark reserves the right to revoke a given path without prior agreement with the RU RU, if an appropriate application is not submitted for the relevant path at least five days before the actual operation of the path. In connection with specific sales projects/research studies, an agreed timetable can be determined for up to thirty days.

Capacity Allocation. Banedanmark allocates capacity on behalf of ØSB. The RU Capacity is allocated to the capacity Railway Undertaking to carry out train operationoperations. Allocation The allocation is granted annually on the basis of a specific application from the RU and Railway Undertaking. Banedanmark provides a written confirmation on the awarded capacity allocation. Additional capacity for occasional transport may also be allocated. The allocation principles are set forth in the applicable executive order on allocation of railway infrastructure capacity (paths) etc. Deadlines for application and allocation of capacity are provided on Banedanmark’s website. As part of the capacity allocation process the parties must exchange data. Banedanmark continually makes infrastructure data available for the RURailway Undertaking. The RU Railway Undertaking submits rolling stock data and production data to Banedanmark. To preserve the right to allocated paths, the RU Railway Undertaking must utilize these. If the RU Railway Undertaking partly or totally ceases to utilize allocated paths, the RU Railway Undertaking is obliged to inform Banedanmark immediately and without any undue delay. If the RU Railway Undertaking does not wish to utilize the allocated path, the path must be cancelled. Such cancellation is subject to a charge. The determination of such charge is governed by the applicable executive valid Executive order on infrastructure charges etc. for the State’s rail network. The first second day of every month, Banedanmark quantifies the utilized capacity compared to the volume of allocated capacity. In order to ensure optimal utilization of the capacity, Banedanmark may revoke one or more paths, if less than 75 % is used within at least a month of the allocated capacity. Banedanmark’s right to revoke does not apply if the decreased utilization of the capacity is due to circumstances outside the influence of the RURailway Undertaking. In case of congested infrastructure infrastructure, the Danish Transport Traffic, Building and Construction Housing Agency will, according to the applicable executive valid Executive order on allocation of railway infrastructure capacity (paths) etc., determine the threshold for when Banedanmark may revoke utilization of one or more paths. Passenger and freight traffic not carried out as a public service obligation is subject to applicable law valid Executive order on allocation of rail way railway infrastructure capacity (paths) etc. stating that the RU Railway Undertaking reserves the right to 90 % of the paths from previous capacity allocated on all tracks from one allocation period to the next, if an application is submitted. Optional paths may be revoked by Banedanmark on prior agreement between the RU Railway Undertaking and Banedanmark. However, Banedanmark reserves the right to revoke a given path without prior agreement with the RU Railway Undertaking, if an appropriate application is not submitted for the relevant path at least five days before the actual operation of the path. In connection with specific sales projects/research studies, an agreed timetable can be determined for up to thirty days.

Capacity Allocation. Banedanmark allocates capacity on behalf of ØSB. The RU is allocated the capacity to carry out train operation. Allocation is granted annually on the basis of a specific application from the RU and Banedanmark Rail Net Denmark provides a written confirmation on the awarded capacity allocation. Additional capacity for occasional transport may also be allocated. The allocation principles are set forth in the applicable executive order on allocation of railway infrastructure capacity (paths) etc. Deadlines for application and allocation of capacity are provided on BanedanmarkRail Net Denmark’s website. As part of the capacity allocation process the parties must exchange data. Banedanmark Rail Net Denmark continually makes infrastructure data available for the RU. The RU submits rolling stock data and production data to BanedanmarkRail Net Denmark. To preserve the right to allocated paths, the RU must utilize these. If the RU partly or totally ceases to utilize allocated paths, the RU is obliged to inform Banedanmark Rail Net Denmark immediately and without any undue delay. If the RU does not wish to utilize the allocated path, the path must be cancelled. Such cancellation is subject to a charge. The determination of such charge is governed by the applicable executive order on infrastructure charges etc. for the State’s rail network. The first day of every month, Banedanmark Rail Net Denmark quantifies the utilized capacity compared to the volume of allocated capacity. In order to ensure optimal utilization of the capacity, Banedanmark Rail Net Denmark may revoke one or more paths, if less than 75 % is used within at least a month of the allocated capacity. BanedanmarkRail Net Denmark’s right to revoke does not apply if the decreased utilization of the capacity is due to circumstances outside the influence of the RU. In case of congested infrastructure the Danish Transport and Construction Agency will, according to the applicable executive order on allocation of railway infrastructure capacity (paths) etc., determine the threshold for when Banedanmark Rail Net Denmark may revoke utilization of one or more paths. Passenger and freight traffic not carried out as a public service obligation is subject to applicable law on allocation of rail way infrastructure capacity (paths) etc. stating that the RU reserves the right to 90 % of the paths from previous capacity allocated on all tracks from one allocation period to the next, if an application is submitted. Optional paths may be revoked by Banedanmark Rail Net Denmark on prior agreement between the RU and BanedanmarkRail Net Denmark. However, Banedanmark Rail Net Denmark reserves the right to revoke a given path without prior agreement with the RU RU, if an appropriate application is not submitted for the relevant path at least five days before the actual operation of the path. In connection with specific sales projects/research studies, an agreed timetable can be determined for up to thirty days.