Common use of Identification of Path Usages Clause in Contracts

Identification of Path Usages. Subject to clause 16.5 and unless otherwise agreed between the Access Holder and ARTC in writing, a Path Usage utilised for a particular Train Path in an Allocation Period will: (a) first, count towards the Base Path Usages, until the Base Path Usages for that Train Path have been exhausted; (b) second, count towards the applicable Tolerance until the Annual Contracted Path Usages for that Train Path has been reached, the Tolerance has been exhausted or until the applicable Monthly Tolerance Cap has been reached, whichever occurs first; and (c) thereafter be taken to be an ad hoc path usage (“Ad Hoc Path Usage”).

Identification of Path Usages. (a) Subject to clause 16.5 and unless otherwise agreed between the Access Holder and ARTC in writing, a Path Usage utilised for a particular Train Path in an Allocation Period a Month will: (ai) first, count towards the Monthly Base Path Usages, Usages until the Monthly Base Path Usages for that Train Path have been exhausted; (bii) second, count towards the applicable Monthly Tolerance until the Annual Contracted Path Usages for that Train Path has been reached, the Monthly Tolerance has been exhausted or until the applicable Monthly Tolerance Cap has been reached, whichever occurs first; and (ciii) thereafter be taken to be an ad hoc path usage (“Ad Hoc Path Usage”).