Common use of Permanent variation to Train Paths Clause in Contracts

Permanent variation to Train Paths. (a) This clause 11.1 sets out the procedure to be followed by the parties if it is intended that a Train Path (including the number of Path Usages for that Train Path) is to be permanently varied. (b) A Train Path may be varied for the remainder of the Term (or for such other duration as may be agreed) if: (i) one party to this agreement (“Requesting Party”) sends a notice to the other party (“Notified Party”) stating: (A) that the Requesting Party wishes to vary the rights of the Access Holder to a Train Path; (B) the reason or reasons for the proposal by the Requesting Party; and (C) if the Requesting Party is ARTC, whether ARTC will relieve the Access Holder of its obligation to pay TOP Charges; (ii) subject to the qualifications set out in clauses 11.1(c), 11.1(f), 11.2- 11.4, 11.7, 16.3 and 16.4, the Notified Party consents to the Requesting Party’s proposed variation, such consent to be withheld only upon reasonable grounds.

Permanent variation to Train Paths. (a) This clause 11.1 sets out the procedure to be followed by the parties if it is intended that a Train Path (including the number of Path Usages for that Train Path) is to be permanently varied. (b) A Train Path may be varied for the remainder of the Term (or for such other duration as may be agreed) if: (i) one party to this agreement (“Requesting Party”) sends a notice to the other party (“Notified Party”) stating: (A) that the Requesting Party wishes to vary the rights of the Access Holder to a Train Path; (B) the reason or reasons for the proposal by the Requesting Party; and (C) if the Requesting Party is ARTC, whether ARTC will relieve the Access Holder of its obligation to pay TOP ChargesCharges and Innovation Charges and Efficiency Incentive Charges to the extent applicable; (ii) subject to the qualifications set out in clauses 11.1(c), 11.1(f), 11.2- 11.4, 11.7, 16.3 and 16.4, the Notified Party consents to the Requesting Party’s proposed variation, such consent to be withheld only upon reasonable grounds.

Permanent variation to Train Paths. (a) This clause 11.1 sets out the procedure to be followed by the parties if it is intended that a Train Path (including the number of Path Usages for that Train Path) is to be permanently varied. (b) A Train Path may be varied for the remainder of the Term (or for such other duration as may be agreed) if: (i) one party to this agreement (“Requesting Party”) sends a notice to the other party (“Notified Party”) stating: (A) that the Requesting Party wishes to vary the rights of the Access Holder to a Train Path; (B) the reason or reasons for the proposal by the Requesting Party; and (C) if the Requesting Party is ARTC, whether ARTC will relieve the Access Holder of its obligation to pay TOP Charges; (ii) subject to the qualifications set out in clauses 11.1(c11.1(b)(iii), 11.1(f11.1(e), 11.2- 11.4, 11.7, 16.3 and 16.4, the Notified Party consents to the Requesting Party’s proposed variation, such consent to be withheld only upon reasonable grounds.,

Permanent variation to Train Paths. (a) This clause 11.1 sets out the procedure to be followed by the parties if it is intended that a Train Path (including the number of Path Usages for that Train Path) is to be permanently varied. (b) A Train Path may be varied for the remainder of the Term (or for such other duration as may be agreed) if: (i) one party to this agreement (“Requesting Party”) sends a notice to the other party (“Notified Party”) stating: (A) that the Requesting Party wishes to vary the rights of the Access Holder to a Train Path; (B) the reason or reasons for the proposal by the Requesting Party; and (C) if the Requesting Party is ARTC, whether ARTC will relieve the Access Holder of its obligation to pay TOP ChargesCharges and Innovation Charges to the extent applicable; (ii) subject to the qualifications set out in clauses 11.1(c), 11.1(f), 11.2- 11.4, 11.7, 16.3 and 16.4, the Notified Party consents to the Requesting Party’s proposed variation, such consent to be withheld only upon reasonable grounds.