Common use of Determination of the Relinquishment Fee Clause in Contracts

Determination of the Relinquishment Fee. (a) The Relinquishment Fee is the amount equivalent to the present value, calculated at the Discount Rate, of the payment of the aggregate TOP Charges (ATPY) for the relevant Train Service Types that would have been payable for the remainder of the Term if the Nominated Access Rights were not relinquished but the End User did not operate the relevant Train Services (NPV Amount) less the amount which is the product of the NPV Amount and the greater of:assuming:

Determination of the Relinquishment Fee. (a) The Relinquishment Fee is the amount equivalent to the present value, calculated at the Discount Rate, of the payment of the aggregate TOP Charges (ATPY) for the relevant Train Service Types that would have been payable for the remainder of the Term if the Nominated Access Rights were not relinquished but the End User Operator did not operate the relevant Train Services (NPV Amount) less the amount which is the product of the NPV Amount and the greater of:assuming:

Determination of the Relinquishment Fee. (a) The Relinquishment Fee is the amount equivalent to the present value, calculated at the Discount Rate, of the payment of the aggregate TOP Charges (ATPY) for the relevant Train Service Types that would have been payable for the remainder of the Term if the Nominated Access Rights were not relinquished but the End User relevant Train Services did not operate the relevant Train Services (NPV Amount) less the amount which is the product of the NPV Amount and the greater of:assuming:

Determination of the Relinquishment Fee. (a) The Relinquishment Fee is the amount equivalent to the present value, calculated at the Discount Rate, of the payment of the aggregate TOP Charges (ATPY) for the relevant Train Service Types that would have been payable for the remainder of the Term if the Nominated Access Rights were not relinquished but the End User did not operate the relevant Train Services (NPV Amount) less the amount which is the product of the NPV Amount and the greater of:assuming: