Common use of Network Exit Capability requirement Clause in Contracts

Network Exit Capability requirement. (a) If the Access Holder is seeking to transport a particular cargo of coal to the Port of Newcastle and the HVCCC or a Terminal Operator advises ARTC that the Access Holder does not have sufficient Network Exit Capability to offload the anticipated coal at a coal terminal at the Port of Newcastle, then ARTC is not obliged to make available a Path Usage to the Access Holder for the period where it does not have sufficient Network Exit Capability. (b) To avoid doubt, the Access Holder’s obligation to pay TOP Charges is not reduced as a result of ARTC not making available Path Usages under clause 3.14(a).

Network Exit Capability requirement. (a) If the Access Holder is seeking to transport a particular cargo of coal to the Port of Newcastle and the HVCCC or a Terminal Operator advises ARTC that the Access Holder does not have sufficient Network Exit Capability to offload the anticipated coal at a coal terminal at the Port of Newcastle, then ARTC is must not obliged to make available a Path Usage to the Access Holder for the period where it does not have sufficient Network Exit Capability. (b) To avoid doubt, the Access Holder’s obligation to pay TOP Charges is not reduced as a result of ARTC not making available Path Usages under clause 3.14(a).

Network Exit Capability requirement. (a) If the Access Holder is seeking to transport a particular cargo of coal to the Port port of Newcastle and the HVCCC or a Terminal Operator advises ARTC that the Access Holder does not have sufficient Network Exit Capability to offload the anticipated coal at a coal terminal at the Port port of Newcastle, then ARTC is not obliged to make available a Path Usage to the Access Holder for the period where it does not have sufficient Network Exit Capability. (b) To avoid doubt, the Access Holder’s obligation to pay TOP Charges, and Innovation Charges is (as applicable) are not reduced as a result of ARTC not making available Path Usages under clause 3.14(a).

Network Exit Capability requirement. ‌ (a) If the Access Holder is seeking to transport a particular cargo of coal to the Port of Newcastle and the HVCCC or a Terminal Operator advises ARTC that the Access Holder does not have sufficient Network Exit Capability to offload the anticipated coal at a coal terminal at the Port of Newcastle, then ARTC is not obliged to make available a Path Usage to the Access Holder for the period where it does not have sufficient Network Exit Capability. (b) To avoid doubt, the Access Holder’s obligation to pay TOP Charges is not reduced as a result of ARTC not making available Path Usages under clause 3.14(a).