Common use of Removal of Path Usages for Under Clause in Contracts

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 failed to present a Train at the scheduled entry point onto the Network; or (ii) the relevant Train is in fact, loaded with and transports a quantity of coal which is less than 90% of the assumed gross tonnes per Service (loaded) identified in the Train Path Schedule for that Train Path. (e) If ARTC elects to delete any Path Usage under clause 11.4(a) then the Access Holder’s obligations to pay the TOP Charges from the date of deletion will be reduced to reflect the removal of the Path Usage. (f) To avoid doubt, if the Access Holder has been unable to utilise Train Paths as a result of Force Majeure, an Availability Exception or any reasonable operational reason affecting the level of production at a relevant mine (such as longwall moves or adverse geological conditions), then ARTC must, after consulting with the Access Holder, take into account the impact of that occurrence in applying this clause 11.4.

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 failed to present a Train at the scheduled entry point onto the Network; or (ii) the relevant Train is in fact, loaded with and transports a quantity of coal which is less than 90% of the assumed gross tonnes per Service (loaded) identified in the Train Path Schedule for that Train Path. (e) If ARTC elects to delete any Path Usage under clause 11.4(a) then the Access Holder’s obligations to pay the TOP Charges from the date of deletion will be reduced to reflect the removal of the Path Usage. (f) To avoid doubt, if the Access Holder has been unable to utilise Train Paths as a result of Force Majeure, an Availability Exception or any reasonable operational reason affecting the level of production at a relevant mine (such as longwall moves or adverse geological conditions), then ARTC must, after consulting with the Access Holder, take into account the impact of that occurrence in applying this clause 11.4.

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 failed to present a Train at the scheduled entry point onto the Network; or (ii) the relevant Train is in fact, loaded with and transports a quantity of coal which is less than 90% of the assumed gross tonnes per Service (loaded) identified in the Train Path Schedule for that Train Path. (e) If ARTC elects to delete any Path Usage under clause 11.4(a) then the Access Holder’s obligations to pay the TOP Charges from the date of deletion will be reduced to reflect the removal of the Path Usage. (f) To avoid doubt, if the Access Holder has been unable to utilise Train Paths as a result of Force Majeure, an Availability Exception or any reasonable operational reason affecting the level of production at a relevant mine (such as longwall moves or adverse geological conditions), then ARTC must, after consulting with the Access Holder, take into account the impact of that occurrence in applying this clause 11.4.

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 < 858085% 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 Monthly 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 Quarterly 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 aan 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 failed to present a Train at the scheduled entry point onto the Network; or (ii) the relevant Train is in fact, loaded with and transports a quantity of coal which is less than 90% of the assumed gross tonnes per Service (loaded) identified in the Train Path Schedule for that Train Path. (e) If ARTC elects to delete any Path Usage under clause 11.4(a) then the Access Holder’s obligations to pay the TOP Charges from the date of deletion will be reduced to reflect the removal of the Path Usage. (f) To avoid doubt, if the Access Holder has been unable to utilise Train Paths as a result of Force Majeure, an Availability Exception or any reasonable operational reason affecting the level of production at a relevant mine (such as longwall moves or adverse geological conditions), then ARTC must, after consulting with the Access Holder, take into account the impact of that occurrence in applying this clause 11.4.

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 failed to present a Train at the scheduled entry point onto the Network; or (ii) the relevant Train is in fact, loaded with and transports a quantity of coal which is less than 90% of the assumed gross tonnes per Service (loaded) identified in the Train Path Schedule for that Train Path. (e) If ARTC elects to delete any Path Usage under clause 11.4(a) then the Access Holder’s obligations to pay the TOP Charges from the date of deletion will will, and the Access Holder’s obligation to pay the Innovation Charges and Efficiency Incentive Charges may subject to the methodology for calculating such Chargesa Charge, be reduced to reflect the removal of the Path Usage. (f) To avoid doubt, if the Access Holder has been unable to utilise Train Paths as a result of Force Majeure, an Availability Exception or any reasonable operational reason affecting the level of production at a relevant mine (such as longwall moves or adverse geological conditions), then ARTC must, after consulting with the Access Holder, take into account the impact of that occurrence in applying this clause 11.4.

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 failed to present a Train at the scheduled entry point onto the Network; or (ii) the relevant Train is in fact, loaded with and transports a quantity of coal which is less than 90% of the assumed gross tonnes per Service (loaded) identified in the Train Path Schedule for that Train Path. (e) If ARTC elects to delete any Path Usage under clause 11.4(a) then the Access Holder’s obligations to pay the TOP Charges from the date of deletion will will, and the Access Holder’s obligation to pay the Innovation Charges may subject to the methodology for calculating such a Charge, be reduced to reflect the removal of the Path Usage. (f) To avoid doubt, if the Access Holder has been unable to utilise Train Paths as a result of Force Majeure, an Availability Exception or any reasonable operational reason affecting the level of production at a relevant mine (such as longwall moves or adverse geological conditions), then ARTC must, after consulting with the Access Holder, take into account the impact of that occurrence in applying this clause 11.4.

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 < 8580% 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 Monthly 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 Quarterly 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 a 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 failed to present a Train at the scheduled entry point onto the Network; or (ii) the relevant Train is in fact, loaded with and transports a quantity of coal which is less than 90% of the assumed gross tonnes per Service (loaded) identified in the Train Path Schedule for that Train Path. (e) If ARTC elects to delete any Path Usage under clause 11.4(a) then the Access Holder’s obligations to pay the TOP Charges from the date of deletion will be reduced to reflect the removal of the Path Usage. (f) To avoid doubt, if the Access Holder has been unable to utilise Train Paths as a result of Force Majeure, an Availability Exception or any reasonable operational reason affecting the level of production at a relevant mine (such as longwall moves or adverse geological conditions), then ARTC must, after consulting with the Access Holder, take into account the impact of that occurrence in applying this clause 11.4.

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 failed to present a Train at the scheduled entry point onto the Network; or (ii) the relevant Train is in fact, loaded with and transports a quantity of coal which is less than 90% of the assumed gross tonnes per Service (loaded) identified in the Train Path Schedule for that Train Path. (e) If ARTC elects to delete any Path Usage under clause 11.4(a) then the Access Holder’s obligations to pay the TOP Charges from the date of deletion will will, and the Access Holder’s obligation to pay the Innovation Charges and Efficiency Incentive Charges may subject to the methodology for calculating such Charges, be reduced to reflect the removal of the Path Usage. (f) To avoid doubt, if the Access Holder has been unable to utilise Train Paths as a result of Force Majeure, an Availability Exception or any reasonable operational reason affecting the level of production at a relevant mine (such as longwall moves or adverse geological conditions), then ARTC must, after consulting with the Access Holder, take into account the impact of that occurrence in applying this clause 11.4.

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 providedARTC will request the Access Holder cannot demonstrate to ARTC’s reasonable satisfactionto 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 Monthly 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 Quarterly 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 a 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 system-wide 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 system-wide 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 failed to present a Train at the scheduled entry point onto the Network; or (ii) the relevant Train is in fact, loaded with and transports a quantity of coal which is less than 90% of the assumed gross tonnes per Service (loaded) identified in the Train Path Schedule for that Train Path. (e) If ARTC elects to delete any Path Usage under clause 11.4(a) then the Access Holder’s obligations to pay the TOP Charges from the date of deletion will be reduced to reflect the removal of the Path Usage. (f) To avoid doubt, if the Access Holder has been unable to utilise Train Paths as a result of Force Majeure, an Availability Exception or any reasonable operational reason affecting the level of production at a relevant mine (such as longwall moves or adverse geological conditions), then ARTC must, after consulting with the Access Holder, take into account the impact of that occurrence in applying this clause 11.4.

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 failed to present a Train at the scheduled entry point onto the Network; or (ii) the relevant Train is in fact, loaded with and transports a quantity of coal which is less than 90% of the assumed gross tonnes per Service (loaded) identified in the Train Path Schedule for that Train Path. (e) If ARTC elects to delete any Path Usage under clause 11.4(a) then the Access Holder’s obligations to pay the TOP Charges from the date of deletion will , and the Access Holder’s obligation to pay the Innovation Charges may subject to the methodology for calculating such a Charge, be reduced to reflect the removal of the Path Usage. (f) To avoid doubt, if the Access Holder has been unable to utilise Train Paths as a result of Force Majeure, an Availability Exception or any reasonable operational reason affecting the level of production at a relevant mine (such as longwall moves or adverse geological conditions), then ARTC must, after consulting with the Access Holder, take into account the impact of that occurrence in applying this clause 11.4.