Flagfall Charges. (a) Subject to 4.1(b), the Operator will pay all flagfall Charges specified in Schedule 3 in respect of each Train Path in accordance with clause 4.3(b) (as amended, if applicable, in accordance with clause 4.4), irrespective of whether or not the Operator uses all or any such Train Paths.
(b) The Operator is not required to pay the flagfall Charges specified in Schedule 3 where ARTC is not able to provide the Train Path or an agreed substitute Train Path except where the failure to provide the Train Path is a result of an Incident, Third Party Works or an emergency.
Flagfall Charges. The Operator must pay all flagfall Charges specified in Schedule 3 in respect of each Train Path irrespective of whether or not the Operator uses all or any such Train Paths in accordance with clause 4.5(b) (as amended, if applicable, in accordance with clause 4.6).
