Future capacity developments Clause Samples
The "Future capacity developments" clause outlines how parties will address potential increases or changes in capacity requirements over the course of an agreement. Typically, this clause sets out procedures for notifying the other party of anticipated capacity needs, the process for negotiating adjustments, and any limitations or obligations regarding expanding or reducing capacity. For example, it may specify timelines for providing notice or criteria for approving additional capacity. The core function of this clause is to provide a clear framework for managing future changes in capacity, thereby reducing uncertainty and ensuring both parties can plan and adapt their operations accordingly.
Future capacity developments. If any Conditional Access Rights are varied under this clause 9, the Access Holder acknowledges and agrees that Aurizon Network will only be obliged to develop additional Capacity, and to grant the Access Holder Access Rights in respect of any such additional Capacity, if, and to the extent that, it is obliged to do so under the Access Undertaking (as amended by any Change in Access Undertaking).
Future capacity developments. If any Conditional Access Rights are varied under this clause 9, the End User acknowledges and agrees that Aurizon Network will only be obliged to develop additional Capacity, and to grant the End User access rights in respect of any such additional Capacity, if, and to the extent that, it is obliged to do so under the Access Undertaking. 10 [Reduction of Nominated Monthly Train Services if Maximum Payload exceeded