No Ad. Hoc Charge accrues if Access Holder is already paying a TOP Charge for the Path Usage (a) the Access Holder must pay a TOP Charge in relation to a tranche of Path Usages under a Train Path Schedule; and (b) the Access Holder has no right to use that tranche of Path Usages under the Train Path Schedule due to the Access Holder not having satisfied the Capacity Condition Precedent in relation to those Path Usages; and (c) the Access Holder has an Ad Hoc Path Usage for that Train Path (ie a Service is operated on its behalf on the Train Path in excess of its Base Path Usages and available Tolerance for that Train Path), the Access Holder is not required to pay an Ad Hoc Charge for that Ad Hoc Path Usage.
Appears in 6 contracts
Samples: Indicative Access Holder Agreement, Indicative Access Holder Agreement, Indicative Access Holder Agreement
