Common use of Review to "user-pays Clause in Contracts

Review to "user-pays. model (a) all (or all but one) of the Access Holders who have Reference Tonnage in respect of the Terminal Component (“Reference Tonnage Access Holders") at the time agree to a revised methodology for calculating the relevant TIC (including any consequential changes to any other charges and to provisions in this Agreement in respect of the determination of charges) (the "Formula"); and (b) the Formula has no adverse impact on: (i) DBCT Management's risk; (ii) the pricing of Non-Reference Tonnage in respect of the Terminal Component; and (iii) the net amount which DBCT Management would be entitled to earn and retain under this Agreement and other User Agreements, had the provisions in Schedule 2 remained unchanged; and (c) the Formula is broadly in line (with further refinements) with the principles outlined in the submission by the DBCT User Group to the QCA in their submission dated 5 September 2003 for a "user pays" model of charging TIC; and (d) the application of the Formula at the time it is introduced is not expected to result in differences of more than 20% from the average amount of the relevant TIC, in amounts payable as TIC by either relevant Reference Tonnage Access Holders with good performance or Reference Tonnage Access Holders with poor performance; and (e) either: (i) no relevant Reference Tonnage Access Holder (including, if applicable, the User) who has been notified of the proposal to adopt the Formula has within 30 days after the Formula is formally agreed to by the Reference Tonnage Access Holders referred to in clause 7.3(a) and that agreement is notified to all relevant Reference Tonnage Access Holders, made a submission to the QCA that the Formula does not comply with the foregoing principles in this clause 7.3; or (ii) if such a submission has been made within the period in clause 7.3(e)(i), the QCA has notified DBCT Management and the User that it considers (on the basis of the material supplied to it) the Formula does substantially comply with the foregoing principles in this clause 7.3, then (unless DBCT Management does not agree, which it must not do without good cause) from the commencement of the next Financial Year, the relevant TIC and other relevant charges will be determined in accordance with the Formula and Schedule 2 (and any other relevant provisions in this Agreement) will be deemed to be amended accordingly.

Review to "user-pays. model (a) all (or all but one) of the Access Holders who have Reference Tonnage in respect of the Terminal Component (“Reference Tonnage Access Holders") at the time agree to a revised methodology for calculating the relevant TIC (including any consequential changes to any other charges and to provisions in this Agreement in respect of the determination of charges) (the "Formula"); and (b) the Formula has no adverse impact on: (i) DBCT Management's risk; (ii) the pricing of Non-Reference Tonnage in respect of the Terminal ComponentTonnage; and (iii) the net amount which DBCT Management would be entitled to earn and retain under this Agreement and other User Agreements, had the provisions in Schedule 2 remained unchanged; and (c) the Formula is broadly in line (with further refinements) with the principles outlined in the submission by the DBCT User Group to the QCA in their submission dated 5 September 2003 for a "user pays" model of charging TIC; and (d) the application of the Formula at the time it is introduced is not expected to result in differences of more than 20% from the average amount of the relevant TIC, in amounts payable as TIC by either relevant Reference Tonnage Access Holders with good performance or Reference Tonnage Access Holders with poor performance; and (e) either: (i) no relevant Reference Tonnage Access Holder (including, if applicable, the User) who has been notified of the proposal to adopt the Formula has within 30 days after the Formula is formally agreed to by the Reference Tonnage Access Holders referred to in clause 7.3(a) and that agreement is notified to all relevant Reference Tonnage Access Holders, made a submission to the QCA that the Formula does not comply with the foregoing principles in this clause 7.3; or (ii) if such a submission has been made within the period in clause 7.3(e)(i), the QCA has notified DBCT Management and the User that it considers (on the basis of the material supplied to it) the Formula does substantially comply with the foregoing principles in this clause 7.3, then (unless DBCT Management does not agree, which it must not do without good cause) from the commencement of the next Financial Year, the relevant TIC and other relevant charges will be determined in accordance with the Formula and Schedule 2 (and any other relevant provisions in this Agreement) will be deemed to be amended accordingly.

Review to "user-pays. model (a) all (or all but one) of the Access Holders who have Reference Tonnage in respect of the Terminal Component (“Reference Tonnage Access Holders") at the time agree to a revised methodology for calculating the relevant TIC (including any consequential changes to any other charges and to provisions in this Agreement in respect of the determination of charges) (the "Formula"); and (b) the Formula has no adverse impact on: (i) DBCT Management's risk; (ii) the pricing of Non-Reference Tonnage in respect of the Terminal Component; (iii) the pricing of Tonnage in respect of each other Terminal Component; and (iiiiv) the net amount which DBCT Management would be entitled to earn and retain under this Agreement and other User Agreements, had the provisions in Schedule 2 remained unchanged; and (c) the Formula is broadly in line (with further refinements) with the principles outlined in the submission by the DBCT User Group to the QCA in their submission dated 5 September 2003 for a "user pays" model of charging TIC; and (d) the application of the Formula at the time it is introduced is not expected to result in differences of more than 20% from the average amount of the relevant TIC, in amounts payable as TIC by either relevant Reference Tonnage Access Holders with good performance or Reference Tonnage Access Holders with poor performance; and (e) either: (i) no relevant Reference Tonnage Access Holder (including, if applicable, the User) who has been notified of the proposal to adopt the Formula has within 30 days after the Formula is formally agreed to by the Reference Tonnage Access Holders referred to in clause 7.3(a) and that agreement is notified to all relevant Reference Tonnage Access Holders, made a submission to the QCA that the Formula does not comply with the foregoing principles in this clause 7.3; or (ii) if such a submission has been made within the period in clause 7.3(e)(i), the QCA has notified DBCT Management and the User that it considers (on the basis of the material supplied to it) the Formula does substantially comply with the foregoing principles in this clause 7.3, then (unless DBCT Management does not agree, which it must not do without good cause) from the commencement of the next Financial Year, the relevant TIC and other relevant charges will be determined in accordance with the Formula and Schedule 2 (and any other relevant provisions in this Agreement) will be deemed to be amended accordingly.