Common use of Increment Clause in Contracts

Increment. (a) If the Reference Tonnage Handled by all Access Holders plus the Excess Tonnage Shipped by all Access Holders in respect of the Terminal Component in a Financial Year exceeds the Aggregate Reference Tonnage in respect of the Terminal Component ("Over-shipment"), DBCT Management will initially hold (or be entitled to hold - if it is has not actually been paid the relevant amount) a portion of the revenue attributable to the Over-shipment of up to and including 2% of the relevant Revenue Cap (the "Provisional Increment") calculated in accordance with Sub-Section 4(b) below.‌ (b) Where:-‌ (i) there has been no Review Event after 1 July during the Financial Year the Provisional Increment is calculated as follows:‌ (ii) there has been a Review Event after 1 July during the Financial Year the Provisional Increment is calculated as follows: (c) DBCT Management may submit an application to the QCA seeking to permanently retain the Provisional Increment, within 60 days of Financial Year end. If the QCA is reasonably satisfied that some or all of the over recovery is a direct result of DBCT Management itself or through its contractors (other than the Operator) engaging in activities which have improved capital or operational productivity of the Terminal then the QCA may approve the retention by DBCT Management of all or part of the Provisional Increment (the amount so approved being the "Increment"). (d) If the QCA approves an Increment, the relevant Revenue Cap otherwise applicable will be increased commencing from the next Financial Year and for each Financial Year (or part thereof) thereafter until the Terminating Date by the amount of the Increment (or a proportion of it, if the final period in the Term is not a whole Financial Year).‌ (e) If the QCA does not approve DBCT Management's application (in whole or in part) or DBCT Management does not submit an application to the QCA as outlined above, DBCT Management will distribute any retained portion of the Provisional Increment (the "Provisional Increment Repayment") to all Access Holders with Reference Tonnage in respect of the relevant Terminal Component within 14 days of the QCA's decision (or, if no application is made, then no later than 14 days after the last date on which the application could have been made), in proportion to their respective Reference Tonnages for the relevant Financial Year.‌

Increment. (a) If the Reference Tonnage Handled by all Access Holders plus the Excess Tonnage Shipped by all Access Holders in respect of the Terminal Component in a Financial Year exceeds the Aggregate Reference Tonnage in respect of the Terminal Component ("Over-shipment"), DBCT Management will initially hold (or be entitled to hold - if it is has not actually been paid the relevant amount) a portion of the revenue attributable to the Over-shipment of up to and including 2% of the relevant Revenue Cap (the "Provisional Increment") calculated in accordance with Sub-Section 4(bSub¬Section 4 (b) below.‌below. (b) Where:-‌Where:- (i) there has been no Review Event after 1 July during the Financial Year the Provisional Increment is calculated as follows:‌follows: PI = max(min (TIC x TRTS − RC,2%xRC),0) where:- (ii) there has been a Review Event after 1 July during the Financial Year the Provisional Increment is calculated as follows:: PI = max(min (TICA x TRTS − RC,2% x RC ),0) where:- For clarification, DBCT Management may elect not to make a claim for an Increment in respect of a Financial Year, and to treat the Provisional Increment as nil. (c) DBCT Management may submit an application to the QCA seeking to permanently retain the Provisional Increment, within 60 days of Financial Year end. If the QCA is reasonably satisfied that some or all of the over recovery is a direct result of DBCT Management itself or through its contractors (other than the Operator) engaging in activities which have improved capital or operational productivity of the Terminal then the QCA may approve the retention by DBCT Management of all or part of the Provisional Increment (the amount so approved being the "Increment"). (d) If the QCA approves an Increment, the relevant Revenue Cap otherwise applicable will be increased commencing from the next Financial Year and for each Financial Year (or part thereof) thereafter until the Terminating Date by the amount of the Increment (or a proportion of it, if the final period in the Term is not a whole Financial Year).‌Year); (e) If the QCA does not approve DBCT Management's application (in whole or in part) or DBCT Management does not submit an application to the QCA as outlined above, DBCT Management will distribute any retained portion of the Provisional Increment (the "Provisional Increment Repayment") to all Access Holders with Reference Tonnage in respect of the relevant Terminal Component within 14 days of the QCA's decision (or, if no application is made, then no later than 14 days after the last date on which the application could have been made), in proportion to their respective Reference Tonnages for the relevant Financial Year.‌Year.

Increment. (a) If the Reference Tonnage Handled by all Access Holders plus the Excess Tonnage Shipped by all Access Holders in respect of the Terminal Component in a Financial Year exceeds the Aggregate Reference Tonnage in respect of the Terminal Component ("Over-shipment"), DBCT Management will initially hold (or be entitled to hold - if it is has not actually been paid the relevant amount) a portion of the revenue attributable to the Over-shipment of up to and including 2% of the relevant Revenue Cap (the "Provisional Increment") calculated in accordance with Sub-Section 4(bSub¬Section 4 (b) below.‌below. (b) Where:-‌Where:- (i) there has been no Review Event after 1 July during the Financial Year the Provisional Increment is calculated as follows:‌follows: PI  maxminTIC x TRTS  RC,2%xRC,0 where:- (ii) there has been a Review Event after 1 July during the Financial Year the Provisional Increment is calculated as follows:: PI  maxminTICA x TRTS  RC,2% x RC,0 where:- For clarification, DBCT Management may elect not to make a claim for an Increment in respect of a Financial Year, and to treat the Provisional Increment as nil. (c) DBCT Management may submit an application to the QCA seeking to permanently retain the Provisional Increment, within 60 days of Financial Year end. If the QCA is reasonably satisfied that some or all of the over recovery is a direct result of DBCT Management itself or through its contractors (other than the Operator) engaging in activities which have improved capital or operational productivity of the Terminal then the QCA may approve the retention by DBCT Management of all or part of the Provisional Increment (the amount so approved being the "Increment"). (d) If the QCA approves an Increment, the relevant Revenue Cap otherwise applicable will be increased commencing from the next Financial Year and for each Financial Year (or part thereof) thereafter until the Terminating Date by the amount of the Increment (or a proportion of it, if the final period in the Term is not a whole Financial Year).‌Year); (e) If the QCA does not approve DBCT Management's application (in whole or in part) or DBCT Management does not submit an application to the QCA as outlined above, DBCT Management will distribute any retained portion of the Provisional Increment (the "Provisional Increment Repayment") to all Access Holders with Reference Tonnage in respect of the relevant Terminal Component within 14 days of the QCA's decision (or, if no application is made, then no later than 14 days after the last date on which the application could have been made), in proportion to their respective Reference Tonnages for the relevant Financial Year.‌Year.

Increment. (a) If the Reference Tonnage Handled by all Access Holders plus the Excess Tonnage Shipped by all Access Holders in respect of the a Terminal Component in a Financial Year exceeds the Aggregate Reference Tonnage in respect of the Terminal Component ("Over-shipment"), DBCT Management will initially hold (or be entitled to hold - if it is has not actually been paid the relevant amount) a portion of the revenue attributable to the Over-shipment of up to and including 2% of the relevant Revenue Cap (the "Provisional Increment") calculated in accordance with Sub-Section 4(b4(r) below.‌ (b) Where:-‌ (i) below. Where:- there has been no Review Event after 1 July during the Financial Year the Provisional Increment is calculated as follows:‌ follows: where:- TIC is the relevant Terminal Infrastructure Charge for the Financial Year calculated at Schedule 2, Part A, Section 3; TRTS is the sum of all Reference Tonnage Shipped by all Access Holders in respect of a Terminal Component plus the Excess Tonnage Shipped by all Access Holders in the Financial Year in respect of the Terminal Component (ii) and is the sum of all TS for each Access Holder with Reference Tonnage); and RC is the relevant Revenue Cap for the Financial Year. there has been a Review Event after 1 July during the Financial Year the Provisional Increment is calculated as follows: : where:- TICA is the relevant annualised Terminal Infrastructure Charge for the Financial Year calculated at Schedule 2, Part B, Section 12; TRTS is the sum of all Reference Tonnage Shipped by all Access Holders in respect of a Terminal Component plus the Excess Tonnage Shipped by all Access Holders in the Financial Year (c) and is the sum of all TS for each Access Holder with Reference Tonnage); and RC is the relevant Revenue Cap for the Financial Year. For clarification, DBCT Management may elect not to make a claim for an Increment in respect of a Financial Year, and to treat the Provisional Increment as nil. DBCT Management may submit an application to the QCA seeking to permanently retain the Provisional Increment, within 60 days of Financial Year end. If the QCA is reasonably satisfied that some or all of the over recovery is a direct result of DBCT Management itself or through its contractors (other than the Operator) engaging in activities which have improved capital or operational productivity of the Terminal then the QCA may approve the retention by DBCT Management of all or part of the Provisional Increment (the amount so approved being the "Increment"). (d) . If the QCA approves an Increment, the relevant Revenue Cap otherwise applicable will be increased commencing from the next Financial Year and for each Financial Year (or part thereof) thereafter until the Terminating Date by the amount of the Increment (or a proportion of it, if the final period in the Term is not a whole Financial Year).‌ (e) Year). If the QCA does not approve DBCT Management's application (in whole or in part) or DBCT Management does not submit an application to the QCA as outlined above, DBCT Management will distribute any retained portion of the Provisional Increment (the "Provisional Increment Repayment") to all Access Holders with Reference Tonnage in respect of the relevant Terminal Component within 14 days of the QCA's decision (or, if no application is made, then no later than 14 days after the last date on which the application could have been made), in proportion to their respective Reference Tonnages for the relevant Financial Year.‌Year. Where no Review Event occurs after 1 July in a Financial Year, the Additional Tonnage Amount (ATA) will be calculated as follows: where:- TIC is the relevant Terminal Infrastructure Charge for the Financial Year calculated at Schedule 2, Part A, Section 3; and AT is the Additional Tonnage for the Financial Year in respect of the relevant Terminal Component. Where a Review Event occurs after 1 July in a Financial Year, the Additional Tonnage Amount (ATA) will be calculated as follows: where:- TICA is the relevant annualised Terminal Infrastructure Charge for the Financial Year calculated at Schedule 2, Part B, Section 12; and AT is the Additional Tonnage for the Financial Year in respect of the relevant Terminal Component.

Increment. (a) If the Reference Tonnage Handled Shipped by all Access Holders plus the Excess Tonnage Shipped by all Access Holders in respect of the Terminal Component in a Financial Year exceeds the Aggregate Reference Tonnage in respect of the Terminal Component ("“Over-shipment"”), DBCT Management will initially hold (or be entitled to hold - – if it is has not actually been paid the relevant amount) a portion of the revenue attributable to the Over-shipment of up to and including 2% of the relevant Revenue Cap (the "“Provisional Increment"”) calculated in accordance with Sub-Sub- Section 4(b4 (b) below.‌below. (b) Where:-‌Where:- (i) there has been no Review Event after 1 July during the Financial Year the Provisional Increment is calculated as follows:‌follows: PI = max(min(TIC × TRTS − RC,2% × RC),0) where:- (ii) there has been a Review Event after 1 July during the Financial Year the Provisional Increment is calculated as follows:: PI = max(min(TICA × TRTS − RC,2% × RC),0) where:- TICA is the annualised Terminal Infrastructure Charge for the Financial Year calculated at Schedule 2, Part B, Section 6; For clarification, DBCT Management may elect not to make a claim for an Increment in respect of a Financial Year, and to treat the Provisional Increment as nil. (c) DBCT Management may submit an application to the QCA seeking to permanently retain the Provisional Increment, within 60 days of Financial Year end. If the QCA is reasonably satisfied that some or all of the over recovery is a direct result of DBCT Management itself or through its contractors (other than the Operator) engaging in activities which have improved capital or operational productivity of the Terminal then the QCA may approve the retention by DBCT Management of all or part of the Provisional Increment (the amount so approved being the "“Increment"”). (d) If the QCA approves an Increment, the relevant Revenue Cap otherwise applicable will be increased commencing from the next Financial Year and for each Financial Year (or part thereof) thereafter until the Terminating Date by the amount of the Increment (or a proportion of it, if the final period in the Term is not a whole Financial Year).‌Year); (e) If the QCA does not approve DBCT Management's ’s application (in whole or in part) or DBCT Management does not submit an application to the QCA as outlined above, DBCT Management will distribute any retained portion of the Provisional Increment (the "“Provisional Increment Repayment"”) to all Access Holders with Reference Tonnage in respect of the relevant Terminal Component within 14 days of the QCA's ’s decision (or, if no application is made, then no later than 14 days after the last date on which the application could have been made), in proportion to their respective Reference Tonnages for the relevant Financial Year.‌Year.

Increment. (a) If the Reference Tonnage Handled by all Access Holders plus the Excess Tonnage Shipped by all Access Holders in respect of the Terminal Component in a Financial Year exceeds the Aggregate Reference Tonnage in respect of the Terminal Component ("Over-shipment"), DBCT Management will initially hold (or be entitled to hold - if it is has not actually been paid the relevant amount) a portion of the revenue attributable to the Over-shipment of up to and including 2% of the relevant Revenue Cap (the "Provisional Increment") calculated in accordance with Sub-Section 4(bSub¬Section 4 (b) below.‌below. (b) Where:-‌Where:- (i) there has been no Review Event after 1 July during the Financial Year the Provisional Increment is calculated as follows:‌follows: where:- TIC is the Terminal Infrastructure Charge for the Financial Year calculated at Schedule 2, Part A, Section 2; TRTS is the sum of all Reference Tonnage Shipped by all Access Holders plus the Excess Tonnage Shipped by all Access Holders in the Financial Year (and is the sum of all TS for each Access Holder with Reference Tonnage); and RC is the Revenue Cap for the Financial Year. (ii) there has been a Review Event after 1 July during the Financial Year the Provisional Increment is calculated as follows:: where:- TICA is the annualised Terminal Infrastructure Charge for the Financial Year calculated at Schedule 2, Part B, Section 6; TRTS is the sum of all Reference Tonnage Shipped by all Access Holders plus the Excess Tonnage Shipped by all Access Holders in the Financial Year (and is the sum of all TS for each Access Holder with Reference Tonnage); and RC is the Revenue Cap for the Financial Year. For clarification, DBCT Management may elect not to make a claim for an Increment in respect of a Financial Year, and to treat the Provisional Increment as nil. (c) DBCT Management may submit an application to the QCA seeking to permanently retain the Provisional Increment, within 60 days of Financial Year end. If the QCA is reasonably satisfied that some or all of the over recovery is a direct result of DBCT Management itself or through its contractors (other than the Operator) engaging in activities which have improved capital or operational productivity of the Terminal then the QCA may approve the retention by DBCT Management of all or part of the Provisional Increment (the amount so approved being the "Increment"). (d) If the QCA approves an Increment, the relevant Revenue Cap otherwise applicable will be increased commencing from the next Financial Year and for each Financial Year (or part thereof) thereafter until the Terminating Date by the amount of the Increment (or a proportion of it, if the final period in the Term is not a whole Financial Year).‌Year); (e) If the QCA does not approve DBCT Management's application (in whole or in part) or DBCT Management does not submit an application to the QCA as outlined above, DBCT Management will distribute any retained portion of the Provisional Increment (the "Provisional Increment Repayment") to all Access Holders with Reference Tonnage in respect of the relevant Terminal Component within 14 days of the QCA's decision (or, if no application is made, then no later than 14 days after the last date on which the application could have been made), in proportion to their respective Reference Tonnages for the relevant Financial Year.‌Year.

Increment. (a) If the Reference Tonnage Handled by all Access Holders plus the Excess Tonnage Shipped by all Access Holders in respect of the Terminal Component in a Financial Year exceeds the Aggregate Reference Tonnage in respect of the Terminal Component ("Over-shipment"), DBCT Management will initially hold (or be entitled to hold - if it is has not actually been paid the relevant amount) a portion of the revenue attributable to the Over-shipment of up to and including 2% of the relevant Revenue Cap (the "Provisional Increment") calculated in accordance with Sub-Section 4(bSub¬Section 4 (b) below.‌below. (b) Where:-‌Where:- (i) there has been no Review Event after 1 July during the Financial Year the Provisional Increment is calculated as follows:‌follows: PI = max(min(TIC x TRTS − RC,2%xRC),0) where:- (ii) there has been a Review Event after 1 July during the Financial Year the Provisional Increment is calculated as follows:: PI = max(min(TICA x TRTS − RC,2% x RC),0) where:- For clarification, DBCT Management may elect not to make a claim for an Increment in respect of a Financial Year, and to treat the Provisional Increment as nil. (c) DBCT Management may submit an application to the QCA seeking to permanently retain the Provisional Increment, within 60 days of Financial Year end. If the QCA is reasonably satisfied that some or all of the over recovery is a direct result of DBCT Management itself or through its contractors (other than the Operator) engaging in activities which have improved capital or operational productivity of the Terminal then the QCA may approve the retention by DBCT Management of all or part of the Provisional Increment (the amount so approved being the "Increment"). (d) If the QCA approves an Increment, the relevant Revenue Cap otherwise applicable will be increased commencing from the next Financial Year and for each Financial Year (or part thereof) thereafter until the Terminating Date by the amount of the Increment (or a proportion of it, if the final period in the Term is not a whole Financial Year).‌Year); (e) If the QCA does not approve DBCT Management's application (in whole or in part) or DBCT Management does not submit an application to the QCA as outlined above, DBCT Management will distribute any retained portion of the Provisional Increment (the "Provisional Increment Repayment") to all Access Holders with Reference Tonnage in respect of the relevant Terminal Component within 14 days of the QCA's decision (or, if no application is made, then no later than 14 days after the last date on which the application could have been made), in proportion to their respective Reference Tonnages for the relevant Financial Year.‌Year.