Common use of Extension of Schedule Clause in Contracts

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 notice, allocate the path usages sought to the access holder whose extension is, in ARTC’s opinion, most favourable to it. Unless impracticable, ARTC would make such a decision based on the access agreement that represented the highest present value of future returns to ARTC after considering all risks associated with the access agreement. Access Holder Agreement

Appears in 8 contracts

Samples: Access Holder Agreement, Access Holder Agreement, Access Holder Agreement

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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 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 thisthis Schedule will continue until the earlier to occur of: (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 notice, allocate the path usages sought to the access holder whose extension is, in ARTC’s opinion, most favourable to it. Unless impracticable, ARTC would make such a decision based on the access agreement that represented the highest present value of future returns to ARTC after considering all risks associated with the access agreement. Indicative Access Holder Agreement

Appears in 6 contracts

Samples: Indicative Access Holder Agreement, Indicative Access Holder Agreement, Indicative Access Holder Agreement

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 thisthis Schedule will continue until the earlier to occur of: (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 notice, allocate the path usages sought to the access holder whose extension is, in ARTC’s opinion, most favourable to it. Unless impracticable, ARTC would make such a decision based on the access agreement that represented the highest present value of future returns to ARTC after considering all risks associated with the access agreement. Access Holder Agreement

Appears in 4 contracts

Samples: Access Holder Agreement, Access Holder Agreement, Access Holder Agreement

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 are mutually exclusive with the Access Holder were to lodge an access application for 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 ScheduleSchedule (Extension Notice). (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 notice, allocate the path usages sought to the access holder whose extension is, in ARTC’s opinion, most favourable to it. Unless impracticable, ARTC would make such a decision based on the access agreement that represented the highest present value of future returns to ARTC after considering all risks associated with the access agreement. Access Holder AgreementDeleted: 1 April 2010

Appears in 1 contract

Samples: Access Holder Agreement

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 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 notice, allocate the path usages sought to the access holder whose extension is, in ARTC’s opinion, most favourable to it. Unless impracticableOrdinarily, but without limiting ARTC’s discretion in this regard, ARTC would make such a decision based on the access agreement extension that represented the highest present value of future returns to ARTC after considering all risks associated with the access agreementextension. Access Holder Agreement

Appears in 1 contract

Samples: Access Holder Agreement

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 are mutually exclusive with the Access Holder were to lodge an access application for 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. (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 thisthis Schedule will continue until the earlier to occur of: (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 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 notice, allocate the path usages sought to the access holder whose extension is, in ARTC’s opinion, most favourable to it. Unless impracticableOrdinarily, but without limiting ARTC’s discretion in this regard, ARTC would make such a decision based on the access agreement extension that represented the highest present value of future returns to ARTC after considering all risks associated with the access agreementextension. Access Holder Agreement

Appears in 1 contract

Samples: Access Holder Agreement

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 notice, allocate the path usages sought to the access holder whose extension is, in ARTC’s opinion, most favourable to it. Unless impracticable, ARTC would make such a decision based on the access agreement that represented the highest present value of future returns to ARTC after considering all risks associated with the access agreement. Access Holder Agreement

Appears in 1 contract

Samples: Indicative Access Holder Agreement

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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 would are mutually exclusive withwould constitute a Mutually Exclusive Access Application (as defined in the Access Undertaking) if the Access Holder using 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 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 notice, allocate the path usages sought to the access holder whose extension is, in ARTC’s opinion, most favourable to it. Unless impracticableOrdinarily, but without limiting ARTC’s discretion in this regard, ARTC would make such a decision based on the access agreement extension that represented the highest present value of future returns to ARTC after considering all risks associated with the access agreementextension. Access Holder Agreement

Appears in 1 contract

Samples: Access Holder Agreement

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 are mutually exclusive with the Access Holder were to lodge an access application for 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. (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 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 notice, allocate the path usages sought to the access holder whose extension is, in ARTC’s opinion, most favourable to it. Unless impracticableOrdinarily, but without limiting ARTC’s discretion in this regard, ARTC would make such a decision based on the access agreement extension that represented the highest present value of future returns to ARTC after considering all risks associated with the access agreementextension. Access Holder Agreement

Appears in 1 contract

Samples: Access Holder Agreement

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 are mutually exclusive withwould constitute a Mutually Exclusive Access Application (as defined in the Access Undertaking) if the Access Holder using 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 thisthis Schedule will continue until the earlier to occur of: (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 tTrain pPath sSchedule 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 notice, allocate the path usages sought to the access holder whose extension is, in ARTC’s opinion, most favourable to it. Unless Ordinarily, but without limiting ARTC’s discretion in this regardUnless impracticable, ARTC would make such a decision based on the access extensionaccess agreement that represented the highest present value of future returns to ARTC after considering all risks associated with the access extensionaccess agreement. Access Holder Agreement

Appears in 1 contract

Samples: Access Holder Agreement

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 thisthis Schedule will continue until the earlier to occur of: (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 notice, allocate the path usages sought to the access holder whose extension is, in ARTC’s opinion, most favourable to it. Unless impracticable, ARTC would make such a decision based on the access agreement that represented the highest present value of future returns to ARTC after considering all risks associated with the access agreement. Access Holder Agreement.

Appears in 1 contract

Samples: Indicative Access Holder Agreement

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