Common use of Provision of Access Clause in Contracts

Provision of Access. 2.1 The Depot Facility Owner shall provide the Beneficiary with Access up to the Minimum Level of Services as specified in paragraph 1 of Appendix 1. 2.2 The Depot Facility Owner shall provide the Beneficiary with additional Access up to the Maximum Level of Services as specified in paragraph 2 of Appendix 1 for such of the Fleet Vehicles as the Beneficiary may request except where, and to the extent that, the Depot Facility Owner shall, having due regard to the Decision Criteria, determine that it should not do so. 2.3 If the Beneficiary does not receive, or anticipates that it will not require to receive, the whole of the Access specified in paragraph 1 of Appendix 1 to be provided in an Accounting Period, the Beneficiary may request that the unperformed Access from that Accounting Period be carried forward to the next Accounting Period whereupon, in that Accounting Period, the Depot Facility Owner shall provide the Beneficiary with additional Access of an amount equal to the unperformed Access carried forward except where, and to the extent that: 2.3.1 the unperformed Access carried forward exceeds 5% by value of the Access specified in paragraph 1 of Appendix 1 to be provided in the Accounting Period from which that Access is carried forward; or 2.3.2 the Depot Facility Owner shall, having due regard to the Decision Criteria, determine that it should not do so.