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.
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. [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
