Review of Charges. 3.2.1 For each Train Service type the Base Access Charge elements and, where necessary, any other elements of this Schedule 3 will be reviewed on each Review Date.
3.2.2 For each Train Service type Aurizon Network will advise the Operator in writing of the Base Access Charge elements and any other changes to this Schedule 3 to apply from each Review Date within 14 days of the latter of the Review Date or the date on which the QCA endorses the relevant renewal or variation. In determining any variations, Aurizon Network will have regard to:
(a) the new or varied relevant Reference Tariffs;
(b) the differences between the relevant Train Service and the Reference Train Service defined in the relevant Reference Tariff Schedule;
(c) other related factors in the relevant Reference Tariff Schedule; and
(d) Aurizon Network’s Access Undertaking.
3.2.3 If the Operator does not accept some or all of the variations advised pursuant to Clause 3.2.2 of this Schedule, the Operator must give Aurizon Network notice within 14 days of receipt of notice of the variations.
3.2.4 The Parties will negotiate in good faith to attempt to agree any new Base Access Charge elements and/or other changes to this Schedule for which the Operator has given notice pursuant to Clause 3.2.3 of this Schedule.
3.2.5 If the Parties have not agreed the new Base Access Charge elements and/or other changes to this Schedule within thirty (30) days of the relevant Review Date, either Party may refer the determination of the new Base Access Charge elements and/or other changes to this Schedule to an expert in accordance with Clause 3.3 of this Schedule.
3.2.6 Unless and until agreement is reached or a determination is made pursuant to Clause 3.2 of this Schedule, the Base Access Charge elements and/or any other relevant provision of this Schedule prevailing as at the Review Date shall continue to be utilised to determine the amount of Access Charges payable by the Operator. If any change in the Base Access Charge elements or any relevant provision of this Schedule is subsequently agreed or determined then the revised Base Access Charges or any relevant provision of this Schedule will apply from the relevant Review Date and the Parties will account to one another accordingly.
Review of Charges. 3.2.1 The Base Annual Service Charge will be reviewed on each Review Date. The new Base Annual Service Charge to apply after each Review Date will be the amount agreed by the Parties and failing such agreement within 30 days after the Review Date, either Party may give notice of its requirement to refer the Base Annual Service Charge most recently proposed by QR Network to an expert for review in accordance with Clause 17 of the Agreement. In making his determination with respect to the amount of the new Base Annual Service Charge, the Expert will have regards to the provisions of this Agreement and the reasonable costs to QR Network of meeting it obligations under the Agreement.
3.2.2 Unless and until agreement is reached or a determination is made pursuant to Clause 17 of the Agreement, the Base Annual Service Charge prevailing as at the Review Date will continue to be utilised to determine the Annual Service Charge payable by the Owner. If any change in Base Annual Service Charge is agreed or determined then the amended Base Annual Service Charge will apply from the relevant Review Date and the Parties will account to one another accordingly.
Review of Charges. 3.2.1 For each Train Service type the Base Access Charge elements, the X Factors, the First Escalation Date and, where necessary, any other elements of this Schedule 3 will be reviewed on each Review Date.
Review of Charges. The parties may review and adjust the charges no more than once every twelve (12) months during the Initial Term following the Commencement Date, provided that any adjustment in charges are to be agreed by both parties.
Review of Charges. All charges payable by the Customer hereunder may be varied by the Company by giving notice in writing to the Customer at anytime. The notice shall state the date from which the new charge or charges shall be effective.
Review of Charges. 8.1 The charges shall be reviewed on each Review Date and adjusted appropriately.
8.2 No later than 90 days before the Review Date, the Supplier (acting reasonably) shall provide the Customer with its proposals for an adjustment (if any) in the charges for the next financial year.
8.3 The charges shall be adjusted as deemed necessary by the Customer (acting reasonably), having discussed the same with the Supplier on or before the Review Date. Prior to any discussion with the Supplier, the Customer shall consider the proposals provided by the Supplier pursuant to clause 8.2. The Charges thence determined by the Customer shall be applied as from the beginning of the next financial year.
Review of Charges. If Licensee has a question concerning the Basic Monthly Payment or Licensor's invoice of any taxes, fees, assessments or charges, Site Maintenance Expense, Extraordinary Site Development Cost, Regulatory Compliance Cost, Site Commitment Surcharge or Licensee's Pro Rata Share thereof or any invoice for charges imposed by Licensor under the MLA or applicable SLA, or Licensee wishes to challenge the accuracy or validity of any items involved in such charges, Licensee shall give Licensor a Notice of Dispute within thirty (30) days after the date of Licensee's payment for such items. Within thirty (30) days after receipt of such Notice of Dispute, Licensor shall furnish such information and/or documentation as it deems necessary to answer questions. If Licensor fails to satisfy Licensee as to the accuracy and validity of the charges described in the Notice of Dispute, Licensee may demand arbitration of whether said payments or charges are Licensee's obligations under this Agreement or the applicable SLA in accordance with the Rules of the American Arbitration Association. Licensee's request for arbitration shall be promptly filed pursuant to said rules within one (1) year after the date of the due date for payment of the charges identified in the Notice of Dispute, or Licensee's right to dispute the payment shall be deemed to have been waived. It is agreed that the procedure described herein shall be the sole and exclusive procedure for resolving any dispute concerning charges imposed by Licensee under the MLA. No payment shall be delayed or abated pending resolution of any question or dispute.
Review of Charges. The Trust Advisory Committee may review the fees comprising the Oil, Gas and Salt Resources Charges and make recommendations to the Settlor for revisions.
Review of Charges. 3.2.1 The Base Annual Service Charge will be reviewed on each Review Date. The new Base Annual Service Charge to apply after each Review Date will be the amount agreed by the Parties and failing such agreement within 30 days after the Review Date, either Party may give notice of its requirement to refer the Base Annual Service Charge most recently proposed by QR Network to an expert for review in accordance with Clause Error! Reference source not found.Error! Reference source not found. of the Agreement. In making his determination with respect to the amount of the new Base Annual Service Charge, the Expert will have regards to the provisions of this Agreement and the reasonable costs to QR Network of meeting it obligations under the Agreement.
3.2.2 Unless and until agreement is reached or a determination is made pursuant to Clause Error! Reference source not found.Error! Reference source not found. of the Agreement, the Base Annual Service Charge prevailing as at the Review Date will continue to be utilised to determine the Annual Service Charge payable by the Owner. If any change in Base Annual Service Charge is agreed or determined then the amended Base Annual Service Charge will apply from the relevant Review Date and the Parties will account to one another accordingly.
Review of Charges. 7.1 BH may increase the prices and charges referred to in Clause 6 by the percentage movement in the Index between the month and year referred to in the ‘Order Form’ and the latest available Index number published immediately prior to the date of the relevant BH invoice.
7.2 For every increase in BH costs of supplying Gases to the Customer under this Agreement resulting from the imposition after the date of signature of this Agreement of any tax or duty affecting such supply, (eg energy or environmental taxes, etc.) then the Customer shall pay the full amount of such increase.
7.3 For Gases which it purchases from third parties BH may further adjust the prices referred to in Clause 6 to compensate for changes in its purchasing costs to the extent that any increases under Clause 7.1 are inadequate so to do.
7.4 BH may also increase the prices and charges referred to in Clause 6 (other than in accordance with Clauses 7.1 and 7.2) by giving notice in writing to the Customer unless the Customer objects in writing within 15 calendar days of BH’ notice, whereupon BH and the Customer shall enter into negotiations. If the parties have then been unable to agree the increase within 30 calendar days of the date of BH’ notice it shall not take effect but BH shall be entitled forthwith to terminate this Agreement.
