Removal of Path Usages for Under Sample Clauses

Removal of Path Usages for Under utilisation (a) Subject to clause 11.4(b), if, following the end of a Period for a Train Path the: Actual Path UsagesM,…M-5 / Base Path UsagesM, M-5 < 85% then, ARTC will request the Access Holder to provide reasons to ARTC demonstrating that it has a sustained requirement for the Path Usages that were not utilised in the previous six months, and if the Access Holder fails to establish that it has a sustained requirement for those Path Usages to ARTC’s reasonable satisfaction, then ARTC has the right to elect, by notice in writing to the Access Holder (of not less than 30 days), to delete Path Usages from the relevant Train Path Schedule in accordance with clause 11.4(b). Where: Actual Path UsagesM,…,M-5 is the aggregate number of Actual Path Usages for that Train Path on which the Operator operated a Service for the Access Holder in that Month and the immediately preceding five Months as determined under clause 11.4(d); Base Path UsagesM,…M-5 is the aggregate Base Path Usages for that Train Path in that Month and the immediately preceding five Months, or if the Access Holder has an Allocation Period of a Quarter for that Contract Year, the aggregate Base Path Usages in that Quarter and the immediately preceding Quarter; (b) ARTC will not exercise its rights under clause 11.4(a) if: (i) the Access Holder has an Allocation Period of a Month and for that Month or in any of the five immediately preceding Months for any Pricing Zone spanned by the relevant Train Path, the result of the system monthly true-up test carried out in accordance with Schedule 2 is that the System Availability Shortfall for that Pricing Zone is greater than zero; or (ii) the Access Holder has an Allocation Period of a Quarter and, for that Quarter or for the immediately preceding Quarter for any Pricing Zone spanned by the relevant Train Path, the result of the system quarterly true-up test carried out in accordance with Schedule 2 is that the System Availability Shortfall for that Pricing Zone is greater than zero. (c) If ARTC elects to delete Path Usages under clause 11.4(a), then it may delete a number of Path Usages from a Train Path up to, but not exceeding Base Path Usages M, …M-5 - Actual Path UsagesM, …M-5. If no Path Usages remain in a Train Path Schedule, then the schedule terminates. (d) Other than if the parties agree to substitute an alternative Path Usage, a Path Usage will not be an Actual Path Usage for the purposes of clauses 11.4(a) if: (i) the relevant Operator has ...
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Removal of Path Usages for Under utilisation 11.4(b), if, following the end of a Period for a Train Path Deleted: 11.4(b) Deleted: 11.4(b) (a) Subject to clause the: Actual Path UsagesM,…M-5 / Base Path UsagesM, M-5 < 80% (b) Deleted: 11.4
Sample 1

Related to Removal of Path Usages for Under

  • OIG Removal of IRO In the event OIG has reason to believe that the IRO does not possess the qualifications described in Paragraph B, is not independent and/or objective as set forth in Paragraph D, or has failed to carry out its responsibilities as described in Paragraph C, OIG may, at its sole discretion, require GSK to engage a new IRO in accordance with Paragraph A of this Appendix. GSK must engage a new IRO within 60 days of termination of the IRO. Prior to requiring GSK to engage a new IRO, OIG shall notify GSK of its intent to do so and provide a written explanation of why OIG believes such a step is necessary. To resolve any concerns raised by OIG, GSK may present additional information regarding the IRO’s qualifications, independence or performance of its responsibilities. OIG will attempt in good faith to resolve any differences regarding the IRO with GSK prior to requiring GSK to terminate the IRO. However, the final determination as to whether or not to require GSK to engage a new IRO shall be made at the sole discretion of OIG. I. Covered Functions Review, General Description As specified more fully below, GlaxoSmithKline (GSK) shall retain an Independent Review Organization (IRO) (or IROs) to perform reviews (IRO Reviews) to assist GSK in assessing and evaluating its systems, processes, policies, procedures, and practices related to certain of GSK's Covered Functions (collectively, “IRO Covered Functions”). The IRO Review shall consist of two components - a systems review (Systems Review) and a transactions review (Transactions Review) as described more fully below. GSK may engage, at its discretion, a single IRO to perform both components of the IRO Review provided that the entity has the necessary expertise and capabilities to perform both. If there are no material changes in GSK’s systems, processes, policies, and procedures relating to the Covered IRO Functions, the IRO shall perform the Systems Review for the second and fifth IRO Reporting Periods. If GSK materially changes its systems, processes, policies, and procedures relating to the Covered IRO Functions, the IRO shall perform a Systems Review for the IRO Reporting Period(s) in which such changes were made in addition to conducting the Review for the second and fifth IRO Reporting Periods. The additional Systems Review(s) shall consist of: 1) an identification of the material changes; 2) an assessment of whether other systems, processes, policies, and procedures previously reported did not materially change; and 3) a review of the systems, processes, policies, and procedures that materially changed. The IRO shall conduct the Transactions Review for each IRO Reporting Period of the CIA.

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