Network Exit Capability Condition Precedent. (a) ARTC’s obligation to first make available the Path Usages in clause 3 of this Schedule and the Access Holder’s entitlement to have access to the Path Usages in clause 3 is conditional upon the Access Holder providing evidence to the reasonable satisfaction of ARTC that it has sufficient Network Exit Capability, based on the applicable Service Assumptions, to offload the anticipated coal associated with those Path Usages at the discharge point specified in clause 3 of this Schedule for a period of at least 10 years from the applicable Start Date.
(b) Where the Path Usages are for the purpose of transporting coal to a coal terminal at the Port of Newcastle, ARTC will be satisfied that the Access Holder has sufficient Network Exit Capability if the Access Holder provides ARTC with a copy of an executed contract with a Terminal Operator which provides for sufficient terminal allocations to offload the anticipated coal for a period of 10 years from the applicable Start Date.
(c) If the Access Holder is able to provide evidence to the reasonable satisfaction of ARTC that it has sufficient Network Exit Capability to offload some but not all of the anticipated coal associated with the Path Usages at the discharge point specified in clause 3 of this Schedule, based on the applicable Service Assumptions, for a period of at least 10 years from the Start Date, the Network Exit Capability condition will be considered satisfied in respect of those number of Path Usages identified in clause 3 of this Schedule which ARTC considers equivalent to the Access Holder’s Network Exit Capability.
(d) In determining the number of Path Usages which are equivalent to the Access Holder’s Network Exit Capability, under clause 4.1 and clause 4.2 of this Schedule, ARTC may have regard to, and is entitled to rely on, recommendations by the HVCCC.
(e) This condition precedent is for the benefit of ARTC and may only be waived by ARTC. ARTC must promptly notify the Access Holder of the satisfaction or waiver of this condition precedent.
Network Exit Capability Condition Precedent. ARTC’s obligation to first make available the Path Usages in clause 3 of this Schedule and the Access Holder’s entitlement to have access to the Path Usages in clause 3 is conditional upon the Access Holder providing evidence to the reasonable satisfaction of ARTC that it has sufficient Network Exit Capability, based on the applicable Service Assumptions, to offload the anticipated coal associated with those Path Usages at the discharge point specified in clause 3 of this Schedule for a period of at least 10 years from the applicable Start Date.
Network Exit Capability Condition Precedent. ARTC’s obligation to first make available the Path UsageUsages in row 1 of clause 3 of this Schedule and the Access Holder’s entitlement to have access to the Path Usages in clause 3 is conditional upon the Access Holder providing sufficient evidence to the reasonable satisfaction of ARTC that it has the contracted capacity for at least the Initial Periodsufficient Network Exit Capability, based on the applicable Service Assumptions, to offload the anticipated coal associated with those Path Usages at the port or Network exit specified in row 1.discharge point specified in clause 3 of this Schedule for a period of at least 10 years from the applicable Start Date.
Network Exit Capability Condition Precedent. ARTC’s obligation to first make available the Path Usages in clause 3 of this Schedule and the Access Holder’s entitlement to have access to the Path Usages in clause 3 is conditional upon the Access Holder providing evidence to the reasonable satisfaction of ARTC that it has sufficient Network Exit Capability, based on the applicable Service Assumptions, to offload the anticipated coal associated with those Path Usages at the discharge point specified in clause 3 of this Schedule for a period of at least 10 years from the applicable Start Date. [Drafting note: To avoid doubt, if parties negotiate a term less than 10 years (i.e. a non-indicative agreement), the applicant will only be required to demonstrate Network Exit Capability for that agreed term.]
Network Exit Capability Condition Precedent. Deleted: 10 years from the applicable Start Date
