Common use of Use of Non-Compliant Services Clause in Contracts

Use of Non-Compliant Services. (a) (Request to temporarily use a Non-Compliant Service) ARTC will not unreasonably withhold its consent to a request from the Access Holder to operate a Non-Compliant Service for a Period (including a request from the Access Holder for an Operator to operate more than the number of Services specified to be operated by that Operator in a Period in the Train Path Schedule) if: (i) the Access Holder provides ARTC with three days notice of its intention to use or operate a Non-Compliant Service; and (ii) ARTC is satisfied that the use or operation of the Non-Compliant Service in that Period will not have a material adverse impact on Capacity, Coal Chain Capacity or the Capacity entitlement of another access holder. Where the Non-Compliant Service has the same Services Assumptions prescribed for that Train Path in the Train Path Schedule, then there is deemed to be no adverse impact. (b) If ARTC consents to the use or operation of a Non-Compliant Service, ARTC may (but is not required to) update the TOP Charges to be payable by the Access Holder to reflect the characteristics of the Non-Compliant Service used or operated by the Access Holder.

Use of Non-Compliant Services. (a) (Request to temporarily use a Non-Compliant Service) ARTC will not unreasonably withhold its consent to a request from the Access Holder to operate a Non-Compliant Service for a Period (including a request from the Access Holder for an Operator to operate more than the number of Services specified to be operated by that Operator in a Period in the Train Path Schedule) if: (i) the Access Holder provides ARTC with three days notice of its intention to use or operate a Non-Compliant Service; and (ii) ARTC is satisfied that the use or operation of the Non-Non- Compliant Service in that Period will not have a material adverse impact on Capacity, Coal Chain Capacity or the Capacity entitlement of another access holder. Where the Non-Compliant Service has the same Services Assumptions prescribed for that Train Path in the Train Path Schedule, then there is deemed to be no adverse impact. (b) If ARTC consents to the use or operation of a Non-Compliant ServiceService and that Non-Compliant Service is outside of the Services Envelope, ARTC may (but is not required to) update the TOP Charges to be payable by the Access Holder to reflect the characteristics of the Non-Compliant Service used or operated by the Access Holder.

Use of Non-Compliant Services. (a) (Request to temporarily use a Non-Compliant Service) ARTC will not unreasonably withhold its consent to a request from the Access Holder to operate a Non-Compliant Service for a Period (including a request from the Access Holder for an Operator to operate more than the number of Services specified to be operated by that Operator in a Period in the Train Path Schedule) if: (i) the Access Holder provides ARTC with three days notice of its intention to use or operate a Non-Compliant Service; and (ii) ARTC is satisfied that the use or operation of the Non-Non- Compliant Service in that Period will not have a material adverse impact on Capacity, Coal Chain Capacity or the Capacity entitlement of another access holder. Where the Non-Compliant Service has the same Services Assumptions prescribed for that Train Path in the Train Path Schedule, then there is deemed to be no adverse impact. (b) If ARTC consents to the use or operation of a Non-Compliant ServiceService and that Non-Compliant Service is outside of the Services Envelope, ARTC may (but is not required to) update the TOP Charges and Innovation Charges (as applicable) to be payable by the Access Holder to reflect the characteristics of the Non-Compliant Service used or operated by the Access Holder.

Use of Non-Compliant Services. (a) (Request to temporarily use a Non-Compliant Service) ARTC will not unreasonably withhold its consent to a request from the Access Holder to operate a Non-Compliant Service for a Period (including a request from the Access Holder for an Operator to operate more than the number of Services specified to be operated by that Operator in a Period in the Train Path Schedule) if: (i) the Access Holder provides ARTC with [three days days] notice of its intention to use or operate a Non-Compliant Service; and (ii) ARTC is satisfied that the use or operation of the Non-Compliant Service in that Period will not have a material adverse impact on Capacity, Coal Chain Capacity or the Capacity entitlement of another access holder. Where the Non-Compliant Service has the same Services Assumptions prescribed for that Train Path in the Train Path Schedule, then there is deemed to be no adverse impact. (b) If ARTC consents to the use or operation of a Non-Compliant Service, ARTC may (but is not required to) update the TOP Charges to be payable by the Access Holder to reflect the characteristics of the Non-Compliant Service used or operated by the Access Holder.