Extension of Schedule Sample Clauses

Extension of Schedule. (a) This clause 2.5 applies if the Access Holder has not provided a Renewal Notice under clause 2.4 of this Schedule. (b) If ARTC receives an access application from another access holder for path usages: (i) which would constitute a Mutually Exclusive Access Application (as defined in the Access Undertaking) if the Access Holder were to lodge an access application for the Path Usages under this Schedule in any of the three years following the Expiry Date (where Path Usages under this Schedule means the Path Usages which the Access Holder has contracted for under this Schedule in the year preceding the Expiry Date); and (ii) with a network entry point in the same Pricing Zone as the Train Path, then, ARTC will notify the Access Holder in writing that an access application meeting the requirements of (i) and (ii) has been received by ARTC and the Access Holder may, within thirty days from receipt of the notice from ARTC, extend the term of this Schedule by providing ARTC with a written notice complying with clause 2.5(c) of this Schedule. (c) The Access Holder must identify in the Extension Notice: (i) the period for which the Path Usages are sought which must be for not less than one year and not more than three years from the date the Schedule was due to expire as a result of the failure to provide a Renewal Notice (Extension Period); and (ii) the number of Path Usages sought for each year of the Extension Period which must be less than or equal to the number of Path Usages contracted for under this Schedule in the year immediately preceding the Expiry Date. (d) ARTC’s obligation to inform the Access Holder of the receipt of an access application meeting the requirements of clause 2.5(b) of this (i) the Access Holder being granted an extension by ARTC following receipt of an Extension Notice; and (ii) the date which is five years before the date when the Schedule is due to expire as a result of the failure to provide a Renewal Notice under clause 2.4(a) of this Schedule. (e) If, on receipt of an access application satisfying clause 2.5(b), ARTC is required to provide two or more access holders with an opportunity to extend their Train Path Schedule and ARTC receives a valid extension notice from two or more access holders, ARTC will: (i) if there is sufficient Available Capacity, provide the path usages sought under each extension notice received; and (ii) if there is insufficient Available Capacity to provide the path usages sought under each extension n...
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Extension of Schedule. This clause 2.5 applies if the Access Holder has not provided a Renewal Notice under clause 2.4 of this Schedule.
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Extension of Schedule. (a) This clause 2.5 applies if the Access Holder has not provided a Renewal Notice under clause 2.4 of this Schedule. (b) If ARTC receives an access application from another access holder for path usages: (i) which are mutually exclusive with the Access Holder using the Path Usages under this Schedule in any of the three years following the Expiry Date (where Path Usages under this Schedule means the Path Usages which the Access Holder has contracted for under this Schedule in the year preceding the Expiry Date); and (ii) with a network entry point in the same Pricing Zone as the Train Path, then, ARTC will notify the Access Holder in writing that an access application meeting the requirements of (i) and (ii) has been received by ARTC and the Access Holder may, within thirty days from receipt of the notice from ARTC, extend the term of this Schedule by providing ARTC with a written notice complying with clause 2.5(c) of this Schedule. (c) The Access Holder must identify in the Extension Notice: (i) the period for which the Path Usages are sought which must be for not less than one year and not more than three years from the date the Schedule was due to expire as a result of the failure to provide a Renewal Notice (Extension Period); and (ii) the number of Path Usages sought for each year of the Extension Period which must be less than or equal to the number of Path Usages contracted for under this Schedule in the year immediately preceding the Expiry Date.
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Extension of Schedule. (a) This clause 2.5 applies if the Access Holder has not provided a Renewal Notice under clause 2.4 of this Schedule. (b) If ARTC receives an access application from another access holder for path usages:
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Related to Extension of Schedule

  • Extension of Services Upon written notice by Recipient to Provider at least sixty (60) days prior to the end of the applicable Service Period for any Service (unless the Schedules hereto specify that such Service is not eligible for extension), Recipient shall have the right to request that Provider extend the Service Period of any Service so that such Service ends on the earlier of (a) ninety (90) days following the last date on which Service Provider is obligated to provide such Service in accordance with the terms of this Agreement and (b) the Term (each such extension, a “Service Extension”). If Provider agrees to provide such Service during the requested Service Extension period, then (i) the Parties shall in good faith negotiate the terms of an amendment to the Schedules hereto, which amendment shall be consistent with the terms of the applicable Service; and (ii) the Charge for such Service during the Service Extension period shall be equal to one hundred twenty five percent (125%) of the Charge for such Service plus all costs, fees and expenses unless otherwise specified with respect to a particular Service on the Schedules hereto, or in the other Ancillary Agreements, payable by Provider or its Subsidiaries to a Third Party to the extent resulting from such Service Extension (to the extent not already included in such Charge); provided that, if such Service Extension is the result of Provider’s failure to provide the Service during the applicable Service Period (the amount of time that Service Provider so failed to provide such Service, the “Service Suspension Period”), then the Charge for such Service during the Service Extension period shall be equal to (x) one hundred percent (100%) of the Charge for such Service, for a number of days equal to the Service Suspension Period and (y) one hundred twenty five percent (125%) of the Charge for such Service plus all costs, fees and expenses unless otherwise specified with respect to a particular Service on the Schedules hereto, or in the other Ancillary Agreements, payable by Provider or its Subsidiaries to a Third Party to the extent resulting from such Service Extension (to the extent not already included in such Charge), for the remaining days of the Service Extension period, if any. Notwithstanding the foregoing, the Service Period of any particular Service (1) may not be extended more than once and (2) may not be extended later than the Term. Each amendment of the Schedules hereto, as agreed to in writing by the Parties, shall be deemed part of this Agreement as of the date of such agreement and any Services provided pursuant to such Service Extensions shall be deemed “Services” provided under this Agreement, in each case subject to the terms and conditions of this Agreement.

  • Extension; Waiver At any time prior to the Effective Time any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

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