Common use of Consistent use of a Non-Compliant Clause in Contracts

Consistent use of a Non-Compliant. Service without consent) If the Access Holder consistently uses Non-Compliant Services and, (i) the Access Holder has not sought and obtained consent from ARTC to use a Non-Compliant Service under this clause 11.5; (ii) ARTC reasonably considers that the use or operation of the Non- Compliant Services has a material adverse impact on Capacity, Coal Chain Capacity or the Capacity entitlement of another access holder; or (iii) ARTC reasonably considers that there is a material difference in the TOP Charges paid by the Access Holder for those Path Usages and the TOP Charges that would otherwise be payable for those Path Usages had the Service Assumptions reflected the characteristics of the Non-Compliant Service or the Services used are Non-Compliant Services due to the train type used to operate the Services, ARTC may issue a warning notice requiring the Access Holder to use a Service which complies with the Service Assumptions in the applicable Train Path Schedule.

Consistent use of a Non-Compliant. Service without consent) If the Access Holder consistently uses Non-Compliant Services and, (i) the Access Holder has not sought and obtained consent from ARTC to use a Non-Compliant Service under this clause 11.5; (ii) ARTC reasonably considers that the use or operation of the Non- Non-Compliant Services has a material adverse impact on Capacity, Coal Chain Capacity or the Capacity entitlement of another access holder; or (iii) ARTC reasonably considers that there is a material difference in the TOP Charges paid by the Access Holder for those Path Usages and the TOP Charges that would otherwise be payable for those Path Usages had the Service Assumptions reflected the characteristics of the Non-Non- Compliant Service or the Services used are Non-Compliant Services due to the train type used to operate the Services, ARTC may issue a warning notice requiring the Access Holder to use a Service which complies with the Service Assumptions in the applicable Train Path Schedule.