Permanent variations to Train Paths. ARTC can: (a) vary a Train Path or a Path Usage pursuant to an agreement with the Access Holder or its rights to do so under the Access Holder Agreement; (b) refuse the Operator the right to utilise a Train Path or a Path Usage (either permanently or temporarily) where the Access Holder has, under the Access Holder Agreement: (i) notified ARTC that the Operator is no longer nominated, or nominated a new operator, to utilise those Train Paths or Path Usages which were to be utilised by the Operator; or (ii) assigned, novated or traded to another access holder, all or some of the Access Holder’s Train Paths or Path Usages which were to be utilised by the Operator.
Appears in 7 contracts
Samples: Operator Sub Agreement, Operator Sub Agreement, Operator Sub Agreement