Common use of Exceptions and Limitations Clause in Contracts

Exceptions and Limitations. (a) To avoid doubt, the Access Holder will not accrue a rebate in respect of a Train Path if in that Period, subject to clause 16.5 of this agreement, the number of Path Usages for which an Operator actually operated a Service for the Access Holder on that Train Path in a Pricing Zone to transport coal, is equal to or exceeds the aggregate of the Access Holder’s Base Path Usages and Allowed Tolerance in that Pricing Zone for that Period less any Path Usages not made available under clause 3.14, clause 4.5 or clause 11.6 of this agreement. (b) To avoid doubt, if Network Path Capability is greater than or equal to Total Path Usages Required for a Period in a Pricing Zone, then no rebate accrues to the Access Holder for that Period in respect of that Pricing Zone. (c) For any Pricing Zone over a Period, if all access holders with train paths within the Pricing Zone use their full base path usages and there are no allowed tolerances for that Pricing Zone in that Period, then ARTC will not be required to carry out the system true-up test set out in this Schedule 2 for that Period.

Exceptions and Limitations. (a) To avoid doubt, the Access Holder will not accrue a rebate in respect of a Train Path if in that Period, subject to clause 16.5 of this agreement, the number of Path Usages for which an Operator actually operated a Service for the Access Holder on that Train Path in a Pricing Zone to transport coal, is equal to or exceeds the aggregate of the Access Holder’s Base Path Usages and Allowed Tolerance in that Pricing Zone for that Period less any Path Usages not made available under clause 3.14, or clause 4.5 or clause 11.6 of this agreement. (b) To avoid doubt, if Network Path Capability is greater than or equal to Total Path Usages Required for a Period in a Pricing Zone, then no rebate accrues to the Access Holder for that Period in respect of that Pricing Zone. (c) For any Pricing Zone over a Period, if all access holders with train paths within the Pricing Zone use their full base path usages and there are no allowed tolerances for that Pricing Zone in that Period, then ARTC will not be required to carry out the system true-up test set out in this Schedule 2 for that Period.

Exceptions and Limitations. (a) To avoid doubt, the Access Holder will not accrue a rebate in respect of a Train Path if in that Period, subject to clause 16.5 of this agreement, the number of Path Usages for which an Operator actually operated a Service for the Access Holder on that Train Path in a Pricing Zone to transport coal, is equal to or exceeds the aggregate of the Access Holder’s Base Path Usages and Allowed Tolerance in that Pricing Zone for that Period less any Path Usages not made available under clause 3.14, or clause 4.5 or clause 11.6 of this agreement. (b) To avoid doubt, if Network Path Capability is greater than or equal to Total Path Usages Required for a Period in a Pricing Zone, then no rebate accrues to the Access Holder for that Period in respect of that Pricing Zone. (c) For If inFor any Pricing Zone over a Period, if all access holders with train paths within the athe Pricing Zone use their full base path usages and there are no allowed tolerances for that Pricing Zone in that Period, then ARTC will not be required to carry out the system true-up test set out in this Schedule 2 for that Period.

Exceptions and Limitations. (a) To avoid doubt, the Access Holder will not accrue a rebate in respect of a Train Path if in that Period, subject to clause 16.5 of this agreement, the number of Path Usages for which an Operator actually operated a Service for the Access Holder on that Train Path in a Pricing Zone to transport coal, is equal to or exceeds the aggregate of the Access Holder’s Base Path Usages and Allowed Tolerance in that Pricing Zone for that Period less any Path Usages not made available under clause 3.14, or clause 4.5 or clause 11.6 of this agreement. (b) To avoid doubt, if Network Path Capability is greater than or equal to Total Path Usages Required for a Period in a Pricing Zone, then no rebate accrues to the Access Holder for that Period in respect of that Pricing Zone. (c) For If inFor any Pricing Zone over a Period, if all access holders with train paths within the athe Pricing Zone use their full base path usages and there are no allowed tolerances for that Pricing Zone in that Period, then ARTC will not be required to carry out the system true-up test set out in this Schedule 2 for that Period.

Exceptions and Limitations. (a) To avoid doubt, the Access Holder will not accrue a rebate in respect of a Train Path if in that Period, subject to clause 16.5 of this agreement, Period the number of Path Usages for which an Operator actually operated a Service for the Access Holder on that Train Path in a Pricing Zone to transport coal, is equal to or exceeds the aggregate of the Access Holder’s Base Path Usages and Allowed Tolerance in that Pricing Zone for that Period less any Path Usages not made available under clause 3.14, or clause 4.5 or clause 11.6 of this agreement, provided that any Path Usages utilised by the Access Holder which were temporarily traded to the Access Holder from another access holder under a provision consistent with clause 16.4 of this agreement will not be counted towards the number of path usages actually used by the Access Holder. (b) To avoid doubt, if Network Path Capability is greater than or equal to Total Path Usages Required for a Period in a Pricing Zone, then no rebate accrues to the Access Holder for that Period in respect of that Pricing Zone. (c) For any Pricing Zone over If in a Period, if Period all access holders with train paths within the a Pricing Zone use receive their full base path usages and there are no allowed tolerances for that Pricing Zone in that Period, then ARTC will not be required to carry out the system true-up test set out in this Schedule 2 for that Period. Deleted: 1 April 2010 1 TOP Charges