Common use of Where End User only pays Clause in Contracts

Where End User only pays. TOP Charges, include the second 5.1 and delete the first 5.1. Clauses 5.2-5.4 are retained in either case] 5.1 The amount of the invoice for charges payable by the End User under this Agreement for the relevant Billing Period shall be calculated in accordance with the following formula: TC = AC * (1 + GST) + G Where TC is the total amount of charges payable by the End User for the relevant Billing Period; AC is the sum of the Access Charges payable for the relevant Billing Period in respect to each Train Service type where the Access Charges payable for each Train Service shall equal the sum of IM, ICC, XXX0, XXX0, XX, XX, XX and ATP for each Train Service type; IM is the incremental maintenance charge for the relevant Billing Period for the relevant Train Service type which is calculated by the formula: (AT1 * GTK) / 1000 Where AT1 is the amount specified as AT1 in Table 1.1 of this Schedule 3 for the relevant Train Service type as escalated for the relevant Billing Period; and GTK is the sum of the Gtk for all relevant Train Services (loaded and empty) operated for the relevant Billing Period on the basis of the Gtk for each individual Train Service operated being determined in accordance with Clause 2.3 of this Schedule 3; ICC is the incremental capacity charge for the relevant Billing Period for the relevant Train Service type which is calculated by the formula: AT2 * NTS Where AT2 is the amount specified as AT2 in Table 1.1 of this Schedule 3 for the relevant Train Service type as escalated for the relevant Billing Period; and NTS is the number of relevant individual Train Services operated for the relevant Billing Period; ALT1 is the Ntk allocated charge for the relevant Billing Period for the relevant Train Service type which is calculated by the formula: (AT3 * NTK) / 1000 Where AT3 is the amount specified as AT3 in Table 1.1 of this Schedule 3 for the relevant Train Service type as escalated for the relevant Billing Period; and NTK is the sum of the Ntk of all relevant Train Services (loaded and empty) operated for the relevant Billing Period on the basis of the Ntk for each individual Train Service operated being determined in accordance with Clause 2.5 of this Schedule 3; ALT2 is the net tonne allocated charge for the relevant Billing Period for the relevant Train Service type which is calculated by the formula: AT4 * NT Where AT4 is the amount specified as AT4 in Table 1.1 of this Schedule 3 for the relevant Train Service type as escalated for the relevant Billing Period; and NT is the sum of the net tonnes of all relevant Train Services (loaded and empty) operated for the relevant Billing Period on the basis of the net tonnes for each individual Train Service operated being determined in accordance with Clause 2.4 of this Schedule 3; ET is the electric traction charge for the relevant Billing Period for the relevant Train Service type which is calculated by the formula: (AT5 * eGTK) / 1000 Where AT5 is the amount specified as AT5 in Table 1.1 of this Schedule 3 for the relevant Train Service type as escalated for the relevant Billing Period; and eGTK is the sum of the Gtk of all relevant electric locomotive hauled Train Services (loaded and empty) operated for the relevant Billing Period on the basis of the Gtk for each individual electric locomotive hauled Train Service operated being determined in accordance with Clause 2.3 of this Schedule 3; EE is the electric energy usage charge for the relevant Billing Period for the relevant Train Service type which is calculated by the formula: (EC * eGTK) / 1000 Where EC is the amount specified as EC in Table 1.1 of this Schedule 3 for the relevant Train Service type as escalated for the relevant Billing Period; and eGTK is the sum of the Gtk of all relevant electric locomotive hauled Train Services (loaded and empty) operated for the relevant Billing Period on the basis of the Gtk for each individual electric locomotive hauled Train Service operated being determined in accordance with Clause 2.3 of this Schedule 3; QL is the QCA Levy charge for the relevant Billing Period for the relevant Train Service type which is calculated by the formula: QL * NT Where QL is the amount specified as QL in Table 1.1 of this Schedule 3 for the relevant Train Service type as escalated for the relevant Billing Period; and NT is the sum of the net tonnes of all relevant Train Services (loaded and empty) operated for the relevant Billing Period on the basis of the net tonnes for each individual Train Service operated being determined in accordance with Clause 2.4 of this Schedule 3; ATP2 is the annual TOP Charges for the relevant Train Service type, calculated for: (a) for that part of the first year following the Commitment Date until 30 June, the period from the Commitment Date up to and including the Month commencing 1 June; (b) the twelve (12) Months during a full year commencing 1 July; or (c) for a year commencing on 1 July and ending on the date of expiry or termination of this Agreement, the twelve (12) Months commencing when that year commences, but applied only in the last Month of the period identified in (a), (b) or (c) above, shall be, subject to ATP not being less than zero: (1) if SGtkY >= (FGtkY – Aurizon NetworkGtkY), zero; (2) if TR >= SAR, zero; (3) if TR < SAR and TATP > MTPA, TPA; or (4) otherwise, ATPY, Where: SGtkY is the System Gtk for the period identified in paragraph (b) or (c) above; FGtkY is the Forecast Gtk for the period identified in paragraph (b) or (c) above; Aurizon NetworkGtkYis the System Gtk that would have been achieved solely due to coal carrying Train Services that were unable to operate in the period identified in (b) or (c) above directly as a result of an Aurizon Network Cause; TR subject to Clause [5.2/4.2] of this Schedule 3, is the Total Actual Revenue for AT2-4 for the Individual Coal System to which this Agreement relates for the relevant Year less the aggregate amount of Take or Pay for the relevant Year that Aurizon Network would be entitled to earn from all Access Agreements in relation to that Individual Coal System executed or renewed on or after the Commencing Date (other than New Access Agreements entered as part of transferring Access Rights from Access Agreements entered as part of transferring Access Rights from Access Agreements in place on the day immediately prior to the Commencing Date pursuant to Paragraph 7.3.7(a) of Aurizon Network’s Access Undertaking); 2 This formula for ATP assumes that the Train Services operates within a single Individual Coal System. If a Train Service requires access to more than one Individual Coal System (“Cross System Train Service”), the calculation of ATP will involve calculating a separate ATP for that Train Service for each Individual Coal System and then aggregating those separate amounts. If the Train Service is a Cross System Train Service, Aurizon Network may vary the formula of ATP to reflect this. SAR subject to Clause [5.2/4.2] of this Schedule 3, is the System Allowable Revenue for AT2-4 for the Individual Coal System to which this Agreement relates for the relevant Year; MTPA is the amount by which SAR exceeds TR; TATP subject to Clause [5.2/4.2] of this Schedule 3, is the aggregate amount of Take or Pay that Aurizon Network would be entitled to earn from all Access Agreements executed or renewed on or after the Commencing Date (other than New Access Agreements entered as part of transferring Access Rights from Access Agreements in place of the day immediately prior to the Commencing Date pursuant to Paragraph 7.3.7(a) of Aurizon Network’s Access Undertaking) in relation to the Individual Coal System to which this Agreement relates for the relevant Year; TPA is calculated by the formula: MTPA * (ATPY / TATP) ATPY is calculated by the formula: AT2 * (CNTSY - Aurizon NetworkNTSY – NTSY - RNTSY) + AT3 * (CNTKY - Aurizon NetworkNTKY-NTKY-RNTKY) + AT4 * (CNTY - Aurizon NetworkNTY – NTY-RNTY) Where: AT2 is the amount specified as AT2 in Table 1.1 of this Schedule 3 for the relevant Train Service type as escalated for the relevant Billing Period; CNTSY is the number of individual Train Services that were entitled to be operated for the End User under Schedule 1 for the relevant period identified in (a), (b) or (c) above; Aurizon NetworkNTSY is the number of the relevant individual Train Services for which an Operator has been allocated Access Rights by the End User and that would have been operated by that Operator for the relevant period identified in (a), (b) or (c) above, but were unable to operate directly as a result of an Aurizon Network Cause; NTSY is the number of the relevant individual Train Services operated for the relevant period identified in (a), (b) or (c) above; RNTSY is, to the extent that such an amount has not been included in calculating NTSY, the number of individual Train services operated for the relevant period identified in (a), (b) or (c) by an Operator for the End User as an Ad Hoc Train Service (as defined in Schedule 10 of the Train Operations Agreement) due to the End User increasing its allocation of Access Rights to that Operator in accordance with Clause 2.3(f), but Aurizon Network not being able to schedule that Train service other than as an Ad Hoc Train Service due to the variation occurring after the Intermediate Train Plan was finalised; AT3 is the amount specified as AT3 in Table 1.1 of this Schedule 1 for the relevant Train Service type as escalated for the relevant Billing Period (including any applicable System Premium or System Discount); CNTKY is the sum of the Ntk that would have been determined for the relevant period identified in (a), (b) or (c) above, had all the relevant Train Services (loaded and empty) that where entitled to be operated for the End User in the relevant period under Schedule 1 been operated and where Ntk is determined by identifying CNTSY for loaded Train Services (as defined above) multiplied by a nominal net tonnes per loaded Train Service as reasonably determined by Aurizon Network multiplied by the distance specified in Table 1.1 of Schedule 1 for the relevant Train Service; Aurizon NetworkNTKY is the sum of the Ntk that would have been determined for the relevant period identified in (a), (b) or (c) above, solely due to those relevant Train Services that were unable to operate directly as a result of an Aurizon Network Cause where Ntk is determined by identifying Aurizon NetworkNTSY for loaded Train Services (as defined above) multiplied by a nominal net tonnes per loaded Train Service as reasonably determined by Aurizon Network multiplied by the distance specified in Table 1.1 of Schedule 1 for the relevant Train Service; NTKY is the sum of the Ntk of all relevant Train Services (loaded and empty) operated for the relevant period identified in (a), (b) or (c) above on the basis of the Ntk for each individual Train Service operated being determined in accordance with the relevant Train Operations Agreement; RNTKY is, to the extent that such an amount has not been included in calculating NTKY, the sum of the Ntk that would have been determined for the relevant period identified in (a), (b) or (c) above, solely due to those Train services operated by an Operator for the End User as an Ad Hoc Train Service (as defined in Schedule 10 of the Train Operations Agreement) due to the End User increasing its allocation of Access Rights to that Operator in accordance with Clause 2.3(f), but Aurizon Network not being able to schedule that Train service other than as an Ad Hoc Train Service due to the variation occurring after the Intermediate Train Plan was finalised; AT4 is the amount specified as AT4 in Table 1.1 of this Schedule 1 for the relevant Train Service type as escalated for the relevant Billing Period; CNTY is the sum of the Nt that would have been determined for the period identified in (a), (b) or (c) above, had all the relevant Train Services (loaded and empty) that were entitled to be operated for the End User in the relevant period under Schedule 1 been operated and where Nt is determined by identifying CNTSY for loaded Train Services (as defined above) multiplied by a nominal net tonnes per loaded Train Service as reasonably determined by Aurizon Network for the relevant Train Service; Aurizon NetworkNTY is the sum of the Nt that would have been determined for the period identified in (a), (b) or (c) above, solely due to those relevant Train Services that were unable to operate directly as a result of an Aurizon Network Cause where Nt is determined by identifying Aurizon NetworkNTSY for loaded Train Services (as defined above) multiplied by a nominal net tonnes per loaded Train Service as reasonably determined by Aurizon Network for the relevant Train Service; NTY is the sum of the net tonnes of all relevant Train Services (loaded and empty) operated for the relevant period identified in (a), (b) or (c) above on the basis of the net tonnes for each individual Train Service operated being determined in accordance with the relevant Train Operations Agreement; and RNTY is, to the extent that such an amount has not being included in calculating NTY, the sum of the Nt that would have been determined for the period identified in (a), (b) or (c) above, solely due to those Train services operated by an Operator for the End User as an Ad Hoc Train Service (as defined in Schedule 10 of the Train Operations Agreement) due to the End User increasing its allocation of Access Rights to that Operator in accordance with Clause 2.3(f), but Aurizon Network not being able to schedule that Train service other than as an Ad Hoc Train Service due to the variation occurring after the Intermediate Train Plan was finalised; GST is the rate of GST (expressed as a decimal) applicable at the time the supply is made; and G is the sum of any other amount due and payable under this Agreement including charges for GST not already factored in by the formula for AC including, but not limited to, payment for Ancillary Services, interest, Overload Charges, Adjustment Charges, payment for ad-hoc Train services not calculated in AC above, performance payments from Schedule 1, Schedule 1 of a relevant Train Operations Agreement or Schedule 5 of a relevant Train Operations Agreement and any adjustments (positive or negative).

Appears in 2 contracts

Samples: End User Access Agreement, End User Access Agreement

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Where End User only pays. TOP Charges, include the second 5.1 and delete the first 5.1. Clauses 5.2-5.4 are retained in either case] 5.1 The amount of the invoice for charges payable by the End User under this Agreement for the relevant Billing Period shall be calculated in accordance with the following formula: TC = AC * (1 + GST) + G Where TC is the total amount of charges payable by the End User for the relevant Billing Period; AC is the sum of the Access Charges payable for the relevant Billing Period in respect to each Train Service type where the Access Charges payable for each Train Service shall equal the sum of IM, ICC, XXX0, XXX0, XX, XX, XX and ATP for each Train Service type; IM is the incremental maintenance charge for the relevant Billing Period for the relevant Train Service type which is calculated by the formula: (AT1 * GTK) / 1000 Where AT1 is the amount specified as AT1 in Table 1.1 of this Schedule 3 for the relevant Train Service type as escalated for the relevant Billing Period; and GTK is the sum of the Gtk for all relevant Train Services (loaded and empty) operated for the relevant Billing Period on the basis of the Gtk for each individual Train Service operated being determined in accordance with Clause 2.3 of this Schedule 3; ICC is the incremental capacity charge for the relevant Billing Period for the relevant Train Service type which is calculated by the formula: AT2 * NTS Where AT2 is the amount specified as AT2 in Table 1.1 of this Schedule 3 for the relevant Train Service type as escalated for the relevant Billing Period; and NTS is the number of relevant individual Train Services operated for the relevant Billing Period; ALT1 is the Ntk allocated charge for the relevant Billing Period for the relevant Train Service type which is calculated by the formula: (AT3 * NTK) / 1000 Where AT3 is the amount specified as AT3 in Table 1.1 of this Schedule 3 for the relevant Train Service type as escalated for the relevant Billing Period; and NTK is the sum of the Ntk of all relevant Train Services (loaded and empty) operated for the relevant Billing Period on the basis of the Ntk for each individual Train Service operated being determined in accordance with Clause 2.5 of this Schedule 3; ALT2 is the net tonne allocated charge for the relevant Billing Period for the relevant Train Service type which is calculated by the formula: AT4 * NT Where AT4 is the amount specified as AT4 in Table 1.1 of this Schedule 3 for the relevant Train Service type as escalated for the relevant Billing Period; and NT is the sum of the net tonnes of all relevant Train Services (loaded and empty) operated for the relevant Billing Period on the basis of the net tonnes for each individual Train Service operated being determined in accordance with Clause 2.4 of this Schedule 3; ET is the electric traction charge for the relevant Billing Period for the relevant Train Service type which is calculated by the formula: (AT5 * eGTK) / 1000 Where AT5 is the amount specified as AT5 in Table 1.1 of this Schedule 3 for the relevant Train Service type as escalated for the relevant Billing Period; and eGTK is the sum of the Gtk of all relevant electric locomotive hauled Train Services (loaded and empty) operated for the relevant Billing Period on the basis of the Gtk for each individual electric locomotive hauled Train Service operated being determined in accordance with Clause 2.3 of this Schedule 3; EE is the electric energy usage charge for the relevant Billing Period for the relevant Train Service type which is calculated by the formula: (EC * eGTK) / 1000 Where EC is the amount specified as EC in Table 1.1 of this Schedule 3 for the relevant Train Service type as escalated for the relevant Billing Period; and eGTK is the sum of the Gtk of all relevant electric locomotive hauled Train Services (loaded and empty) operated for the relevant Billing Period on the basis of the Gtk for each individual electric locomotive hauled Train Service operated being determined in accordance with Clause 2.3 of this Schedule 3; QL is the QCA Levy charge for the relevant Billing Period for the relevant Train Service type which is calculated by the formula: QL * NT Where QL is the amount specified as QL in Table 1.1 of this Schedule 3 for the relevant Train Service type as escalated for the relevant Billing Period; and NT is the sum of the net tonnes of all relevant Train Services (loaded and empty) operated for the relevant Billing Period on the basis of the net tonnes for each individual Train Service operated being determined in accordance with Clause 2.4 of this Schedule 3; ATP2 is the annual TOP Charges for the relevant Train Service type, calculated for: (a) for that part of the first year following the Commitment Date until 30 June, the period from the Commitment Date up to and including the Month commencing 1 June; (b) the twelve (12) Months during a full year commencing 1 July; or (c) for a year commencing on 1 July and ending on the date of expiry or termination of this Agreement, the twelve (12) Months commencing when that year commences, but applied only in the last Month of the period identified in (a), (b) or (c) above, shall be, subject to ATP not being less than zero: (1) if SGtkY >= (FGtkY – Aurizon NetworkGtkY), zero; (2) if TR >= SAR, zero; (3) if TR < SAR and TATP > MTPA, TPA; or (4) otherwise, ATPY, Where: SGtkY is the System Gtk for the period identified in paragraph (b) or (c) above; FGtkY is the Forecast Gtk for the period identified in paragraph (b) or (c) above; Aurizon NetworkGtkYis the System Gtk that would have been achieved solely due to coal carrying Train Services that were unable to operate in the period identified in (b) or (c) above directly as a result of an Aurizon Network Cause; TR subject to Clause [5.2/4.2] of this Schedule 3, is the Total Actual Revenue for AT2-4 for the Individual Coal System to which this Agreement relates for the relevant Year less the aggregate amount of Take or Pay for the relevant Year that Aurizon Network would be entitled to earn from all Access Agreements in relation to that Individual Coal System executed or renewed on or after the Commencing Date (other than New Access Agreements entered as part of transferring Access Rights from Access Agreements entered as part of transferring Access Rights from Access Agreements in place on the day immediately prior to the Commencing Date pursuant to Paragraph 7.3.7(a) of Aurizon Network’s Access Undertaking); 2 This formula for ATP assumes that the Train Services operates within a single Individual Coal System. If a Train Service requires access to more than one Individual Coal System (“Cross System Train Service”), the calculation of ATP will involve calculating a separate ATP for that Train Service for each Individual Coal System and then aggregating those separate amounts. If the Train Service is a Cross System Train Service, Aurizon Network may vary the formula of ATP to reflect this. SAR subject to Clause [5.2/4.2] of this Schedule 3, is the System Allowable Revenue for AT2-4 for the Individual Coal System to which this Agreement relates for the relevant Year; MTPA is the amount by which SAR exceeds TR; TATP subject to Clause [5.2/4.2] of this Schedule 3, is the aggregate amount of Take or Pay that Aurizon Network would be entitled to earn from all Access Agreements executed or renewed on or after the Commencing Date (other than New Access Agreements entered as part of transferring Access Rights from Access Agreements in place of the day immediately prior to the Commencing Date pursuant to Paragraph 7.3.7(a) of Aurizon Network’s Access Undertaking) in relation to the Individual Coal System to which this Agreement relates for the relevant Year; TPA is calculated by the formula: MTPA * (ATPY / TATP) ATPY is calculated by the formula: 2 This formula for ATP assumes that the Train Services operates within a single Individual Coal System. If a Train Service requires access to more than one Individual Coal System (“Cross System Train Service”), the calculation of ATP will involve calculating a separate ATP for that Train Service for each Individual Coal System and then aggregating those separate amounts. If the Train Service is a Cross System Train Service, Aurizon Network may vary the formula of ATP to reflect this. AT2 * (CNTSY - Aurizon NetworkNTSY – NTSY - RNTSY) + AT3 * (CNTKY - Aurizon NetworkNTKY-NTKY-RNTKY) + AT4 * (CNTY - Aurizon NetworkNTY – NTY-RNTY) Where: AT2 is the amount specified as AT2 in Table 1.1 of this Schedule 3 for the relevant Train Service type as escalated for the relevant Billing Period; CNTSY is the number of individual Train Services that were entitled to be operated for the End User under Schedule 1 for the relevant period identified in (a), (b) or (c) above; Aurizon NetworkNTSY is the number of the relevant individual Train Services for which an Operator has been allocated Access Rights by the End User and that would have been operated by that Operator for the relevant period identified in (a), (b) or (c) above, but were unable to operate directly as a result of an Aurizon Network Cause; NTSY is the number of the relevant individual Train Services operated for the relevant period identified in (a), (b) or (c) above; RNTSY is, to the extent that such an amount has not been included in calculating NTSY, the number of individual Train services operated for the relevant period identified in (a), (b) or (c) by an Operator for the End User as an Ad Hoc Train Service (as defined in Schedule 10 of the Train Operations Agreement) due to the End User increasing its allocation of Access Rights to that Operator in accordance with Clause 2.3(f), but Aurizon Network not being able to schedule that Train service other than as an Ad Hoc Train Service due to the variation occurring after the Intermediate Train Plan was finalised; AT3 is the amount specified as AT3 in Table 1.1 of this Schedule 1 for the relevant Train Service type as escalated for the relevant Billing Period (including any applicable System Premium or System Discount); CNTKY is the sum of the Ntk that would have been determined for the relevant period identified in (a), (b) or (c) above, had all the relevant Train Services (loaded and empty) that where entitled to be operated for the End User in the relevant period under Schedule 1 been operated and where Ntk is determined by identifying CNTSY for loaded Train Services (as defined above) multiplied by a nominal net tonnes per loaded Train Service as reasonably determined by Aurizon Network multiplied by the distance specified in Table 1.1 of Schedule 1 for the relevant Train Service; Aurizon NetworkNTKY is the sum of the Ntk that would have been determined for the relevant period identified in (a), (b) or (c) above, solely due to those relevant Train Services that were unable to operate directly as a result of an Aurizon Network Cause where Ntk is determined by identifying Aurizon NetworkNTSY for loaded Train Services (as defined above) multiplied by a nominal net tonnes per loaded Train Service as reasonably determined by Aurizon Network multiplied by the distance specified in Table 1.1 of Schedule 1 for the relevant Train Service; NTKY is the sum of the Ntk of all relevant Train Services (loaded and empty) operated for the relevant period identified in (a), (b) or (c) above on the basis of the Ntk for each individual Train Service operated being determined in accordance with the relevant Train Operations Agreement; RNTKY is, to the extent that such an amount has not been included in calculating NTKY, the sum of the Ntk that would have been determined for the relevant period identified in (a), (b) or (c) above, solely due to those Train services operated by an Operator for the End User as an Ad Hoc Train Service (as defined in Schedule 10 of the Train Operations Agreement) due to the End User increasing its allocation of Access Rights to that Operator in accordance with Clause 2.3(f), but Aurizon Network not being able to schedule that Train service other than as an Ad Hoc Train Service due to the variation occurring after the Intermediate Train Plan was finalised; AT4 is the amount specified as AT4 in Table 1.1 of this Schedule 1 for the relevant Train Service type as escalated for the relevant Billing Period; CNTY is the sum of the Nt that would have been determined for the period identified in (a), (b) or (c) above, had all the relevant Train Services (loaded and empty) that were entitled to be operated for the End User in the relevant period under Schedule 1 been operated and where Nt is determined by identifying CNTSY for loaded Train Services (as defined above) multiplied by a nominal net tonnes per loaded Train Service as reasonably determined by Aurizon Network for the relevant Train Service; Aurizon NetworkNTY is the sum of the Nt that would have been determined for the period identified in (a), (b) or (c) above, solely due to those relevant Train Services that were unable to operate directly as a result of an Aurizon Network Cause where Nt is determined by identifying Aurizon NetworkNTSY for loaded Train Services (as defined above) multiplied by a nominal net tonnes per loaded Train Service as reasonably determined by Aurizon Network for the relevant Train Service; NTY is the sum of the net tonnes of all relevant Train Services (loaded and empty) operated for the relevant period identified in (a), (b) or (c) above on the basis of the net tonnes for each individual Train Service operated being determined in accordance with the relevant Train Operations Agreement; and RNTY is, to the extent that such an amount has not being included in calculating NTY, the sum of the Nt that would have been determined for the period identified in (a), (b) or (c) above, solely due to those Train services operated by an Operator for the End User as an Ad Hoc Train Service (as defined in Schedule 10 of the Train Operations Agreement) due to the End User increasing its allocation of Access Rights to that Operator in accordance with Clause 2.3(f), but Aurizon Network not being able to schedule that Train service other than as an Ad Hoc Train Service due to the variation occurring after the Intermediate Train Plan was finalised; GST is the rate of GST (expressed as a decimal) applicable at the time the supply is made; and G is the sum of any other amount due and payable under this Agreement including charges for GST not already factored in by the formula for AC including, but not limited to, payment for Ancillary Services, interest, Overload Charges, Adjustment Charges, payment for ad-hoc Train services not calculated in AC above, performance payments from Schedule 1, Schedule 1 of a relevant Train Operations Agreement or Schedule 5 of a relevant Train Operations Agreement and any adjustments (positive or negative).,

Appears in 2 contracts

Samples: End User Access Agreement, End User Access Agreement

Where End User only pays. TOP Charges, include the second 5.1 and delete the first 5.1. Clauses 5.2-5.4 are retained in either case] 5.1 The amount of the invoice for charges payable by the End User under this Agreement for the relevant Billing Period shall be calculated in accordance with the following formula: TC = AC * (1 + GST) + G Where TC is the total amount of charges payable by the End User for the relevant Billing Period; AC is the sum of the Access Charges payable for the relevant Billing Period in respect to each Train Service type where the Access Charges payable for each Train Service shall equal the sum of IM, ICC, XXX0, XXX0, XX, XX, XX and ATP for each Train Service type; IM is the incremental maintenance charge for the relevant Billing Period for the relevant Train Service type which is calculated by the formula: (AT1 * GTK) / 1000 Where AT1 is the amount specified as AT1 in Table 1.1 of this Schedule 3 for the relevant Train Service type as escalated for the relevant Billing Period; and GTK is the sum of the Gtk for all relevant Train Services (loaded and empty) operated for the relevant Billing Period on the basis of the Gtk for each individual Train Service operated being determined in accordance with Clause 2.3 of this Schedule 3; ICC is the incremental capacity charge for the relevant Billing Period for the relevant Train Service type which is calculated by the formula: AT2 * NTS Where AT2 is the amount specified as AT2 in Table 1.1 of this Schedule 3 for the relevant Train Service type as escalated for the relevant Billing Period; and NTS is the number of relevant individual Train Services operated for the relevant Billing Period; ALT1 is the Ntk allocated charge for the relevant Billing Period for the relevant Train Service type which is calculated by the formula: (AT3 * NTK) / 1000 Where AT3 is the amount specified as AT3 in Table 1.1 of this Schedule 3 for the relevant Train Service type as escalated for the relevant Billing Period; and NTK is the sum of the Ntk of all relevant Train Services (loaded and empty) operated for the relevant Billing Period on the basis of the Ntk for each individual Train Service operated being determined in accordance with Clause 2.5 2.32.5 of this Schedule 3; ALT2 is the net tonne allocated charge for the relevant Billing Period for the relevant Train Service type which is calculated by the formula: AT4 * NT Where AT4 is the amount specified as AT4 in Table 1.1 of this Schedule 3 for the relevant Train Service type as escalated for the relevant Billing Period; and NT is the sum of the net tonnes of all relevant Train Services (loaded and empty) operated for the relevant Billing Period on the basis of the net tonnes for each individual Train Service operated being determined in accordance with Clause 2.4 of this Schedule 3; ET is the electric traction charge for the relevant Billing Period for the relevant Train Service type which is calculated by the formula: (AT5 * eGTK) / 1000 Where AT5 is the amount specified as AT5 in Table 1.1 of this Schedule 3 for the relevant Train Service type as escalated for the relevant Billing Period; and eGTK is the sum of the Gtk of all relevant electric locomotive hauled Train Services (loaded and empty) operated for the relevant Billing Period on the basis of the Gtk for each individual electric locomotive hauled Train Service operated being determined in accordance with Clause 2.3 of this Schedule 33.3; EE is the electric energy usage charge for the relevant Billing Period for the relevant Train Service type which is calculated by the formula: (EC * eGTK) / 1000 Where EC is the amount specified as EC in Table 1.1 of this Schedule 3 for the relevant Train Service type as escalated for the relevant Billing Period; and eGTK is the sum of the Gtk of all relevant electric locomotive hauled Train Services (loaded and empty) operated for the relevant Billing Period on the basis of the Gtk for each individual electric locomotive hauled Train Service operated being determined in accordance with Clause 2.3 of this Schedule 33.3; QL is the QCA Levy charge for the relevant Billing Period for the relevant Train Service type which is calculated by the formula: QL * NT Where QL is the amount specified as QL in Table 1.1 of this Schedule 3 for the relevant Train Service type as escalated for the relevant Billing Period; and NT is the sum of the net tonnes of all relevant Train Services (loaded and empty) operated for the relevant Billing Period on the basis of the net tonnes for each individual Train Service operated being determined in accordance with Clause 2.4 of this Schedule 3; ATP2 is the annual TOP Charges for the relevant Train Service type, calculated for: (a) for that part of the first year following the Commitment Date until 30 June, the period from the Commitment Date up to and including the Month commencing 1 June; (b) the twelve (12) Months during a full year commencing 1 July; or (c) for a year commencing on 1 July and ending on the date of expiry or termination of this Agreement, the twelve (12) Months commencing when that year commences, but applied only in the last Month of the period identified in (a), (b) or (c) above, shall be, subject to ATP not being less than zero: (1) if SGtkY >= (FGtkY – Aurizon NetworkGtkY), zero; (2) if TR >= SAR, zero; (3) if TR < SAR and TATP > MTPA, TPA; or (4) otherwise, ATPY, Where: SGtkY is the System Gtk for the period identified in paragraph (b) or (c) above; FGtkY is the Forecast Gtk for the period identified in paragraph (b) or (c) above; Aurizon NetworkGtkYis the System Gtk that would have been achieved solely due to coal carrying Train Services that were unable to operate in the period identified in (b) or (c) above directly as a result of an Aurizon Network Cause; and TR subject to Clause [5.2/4.2] of this Schedule 3, is the Total Actual Revenue for AT2-4 for the Individual Coal System to which this Agreement relates for the relevant Year less the aggregate amount of Take or Pay for the relevant Year that Aurizon Network would be entitled to earn from all Access Agreements in relation to that Individual Coal System executed or renewed on or after the Commencing Date (other than New Access Agreements entered as part of transferring Access Rights from Access Agreements entered as part of transferring Access Rights from Access Agreements in place on the day immediately prior to the Commencing Date pursuant to Paragraph 7.3.7(a) of Aurizon Network’s Access Undertaking); 2 This formula for ATP assumes that the Train Services operates within a single Individual Coal System. If a Train Service requires access to more than one Individual Coal System (“Cross System Train Service”), the calculation of ATP will involve calculating a separate ATP for that Train Service for each Individual Coal System and then aggregating those separate amounts. If the Train Service is a Cross System Train Service, Aurizon Network may vary the formula of ATP to reflect this. SAR subject to Clause [5.2/4.2] of this Schedule 3, is the System Allowable Revenue for AT2-4 for the Individual Coal System to which this Agreement relates for the relevant Year; MTPA is the amount by which SAR exceeds TR; TATP subject to Clause [5.2/4.2] of this Schedule 3, is the aggregate amount of Take or Pay that Aurizon Network would be entitled to earn from all Access Agreements executed or renewed on or after the Commencing Date (other than New Access Agreements entered as part of transferring Access Rights from Access Agreements in place of the day immediately prior to the Commencing Date pursuant to Paragraph 7.3.7(a) of Aurizon Network’s Access Undertaking) in relation to the Individual Coal System to which this Agreement relates for the relevant Year; TPA is calculated by the formula: MTPA * (ATPY / TATP) ATPY is calculated by the formula: AT2 * (CNTSY - Aurizon NetworkNTSY – NTSY - RNTSY) + AT3 * (CNTKY - Aurizon NetworkNTKY-NTKY-RNTKY) + AT4 * (CNTY - Aurizon NetworkNTY – NTY-RNTY) Where: AT2 is the amount specified as AT2 in Table 1.1 of this Schedule 3 for the relevant Train Service type as escalated for the relevant Billing Period; CNTSY is the number of individual Train Services that were entitled to be operated for the End User under Schedule 1 for the relevant period identified in (a), (b) or (c) above; Aurizon NetworkNTSY is the number of the relevant individual Train Services for which an Operator has been allocated Access Rights by the End User and that would have been operated by that Operator for the relevant period identified in (a), (b) or (c) above, but were unable to operate directly as a result of an Aurizon Network Cause; NTSY is the number of the relevant individual Train Services operated for the relevant period identified in (a), (b) or (c) above; RNTSY is, to the extent that such an amount has not been included in calculating NTSY, the number of individual Train services operated for the relevant period identified in (a), (b) or (c) by an Operator for the End User as an Ad Hoc Train Service (as defined in Schedule 10 of the Train Operations Agreement) due to the End User increasing its allocation of Access Rights to that Operator in accordance with Clause 2.3(f), but Aurizon Network not being able to schedule that Train service other than as an Ad Hoc Train Service due to the variation occurring after the Intermediate Train Plan was finalised; AT3 is the amount specified as AT3 in Table 1.1 of this Schedule 1 for the relevant Train Service type as escalated for the relevant Billing Period (including any applicable System Premium or System Discount); CNTKY is the sum of the Ntk that would have been determined for the relevant period identified in (a), (b) or (c) above, had all the relevant Train Services (loaded and empty) that where entitled to be operated for the End User in the relevant period under Schedule 1 been operated and where Ntk is determined by identifying CNTSY for loaded Train Services (as defined above) multiplied by a nominal net tonnes per loaded Train Service as reasonably determined by Aurizon Network multiplied by the distance specified in Table 1.1 of Schedule 1 for the relevant Train Service; Aurizon NetworkNTKY is the sum of the Ntk that would have been determined for the relevant period identified in (a), (b) or (c) above, solely due to those relevant Train Services that were unable to operate directly as a result of an Aurizon Network Cause where Ntk is determined by identifying Aurizon NetworkNTSY for loaded Train Services (as defined above) multiplied by a nominal net tonnes per loaded Train Service as reasonably determined by Aurizon Network multiplied by the distance specified in Table 1.1 of Schedule 1 for the relevant Train Service; NTKY is the sum of the Ntk of all relevant Train Services (loaded and empty) operated for the relevant period identified in (a), (b) or (c) above on the basis of the Ntk for each individual Train Service operated being determined in accordance with the relevant Train Operations Agreement; RNTKY is, to the extent that such an amount has not been included in calculating NTKY, the sum of the Ntk that would have been determined for the relevant period identified in (a), (b) or (c) above, solely due to those Train services operated by an Operator for the End User as an Ad Hoc Train Service (as defined in Schedule 10 of the Train Operations Agreement) due to the End User increasing its allocation of Access Rights to that Operator in accordance with Clause 2.3(f), but Aurizon Network not being able to schedule that Train service other than as an Ad Hoc Train Service due to the variation occurring after the Intermediate Train Plan was finalised; AT4 is the amount specified as AT4 in Table 1.1 of this Schedule 1 for the relevant Train Service type as escalated for the relevant Billing Period; CNTY is the sum of the Nt that would have been determined for the period identified in (a), (b) or (c) above, had all the relevant Train Services (loaded and empty) that were entitled to be operated for the End User in the relevant period under Schedule 1 been operated and where Nt is determined by identifying CNTSY for loaded Train Services (as defined above) multiplied by a nominal net tonnes per loaded Train Service as reasonably determined by Aurizon Network for the relevant Train Service; Aurizon NetworkNTY is the sum of the Nt that would have been determined for the period identified in (a), (b) or (c) above, solely due to those relevant Train Services that were unable to operate directly as a result of an Aurizon Network Cause where Nt is determined by identifying Aurizon NetworkNTSY for loaded Train Services (as defined above) multiplied by a nominal net tonnes per loaded Train Service as reasonably determined by Aurizon Network for the relevant Train Service; NTY is the sum of the net tonnes of all relevant Train Services (loaded and empty) operated for the relevant period identified in (a), (b) or (c) above on the basis of the net tonnes for each individual Train Service operated being determined in accordance with the relevant Train Operations Agreement; and RNTY is, to the extent that such an amount has not being included in calculating NTY, the sum of the Nt that would have been determined for the period identified in (a), (b) or (c) above, solely due to those Train services operated by an Operator for the End User as an Ad Hoc Train Service (as defined in Schedule 10 of the Train Operations Agreement) due to the End User increasing its allocation of Access Rights to that Operator in accordance with Clause 2.3(f), but Aurizon Network not being able to schedule that Train service other than as an Ad Hoc Train Service due to the variation occurring after the Intermediate Train Plan was finalised. ; GST is the rate of GST (expressed as a decimal) applicable at the time the supply is made; and G is the sum of any other amount due and payable under this Agreement including charges for GST not already factored in by the formula for AC including, but not limited to, payment for Ancillary Services, interest, Overload Charges, Adjustment Charges, payment for ad-hoc Train services not calculated in AC above, performance payments from Schedule 1, Schedule 1 of a relevant Train Operations Agreement or Schedule 5 of a relevant Train Operations Agreement and any adjustments (positive or negative).

Appears in 1 contract

Samples: End User Access Agreement

Where End User only pays. TOP Charges, include the second 5.1 and delete the first 5.1. Clauses 5.2-5.4 are retained in either case] 5.1 The amount of the invoice for charges payable by the End User under this Agreement for the relevant Billing Period shall be calculated in accordance with the following formula: TC = AC * (1 + GST) + G Where TC is the total amount of charges payable by the End User for the relevant Billing Period; AC is the sum of the Access Charges payable for the relevant Billing Period in respect to each Train Service type where the Access Charges payable for each Train Service shall equal the sum of IM, ICC, XXX0, XXX0, XX, XX, XX and ATP for each Train Service type; IM is the incremental maintenance charge for the relevant Billing Period for the relevant Train Service type which is calculated by the formula: (AT1 * GTK) / 1000 Where AT1 is the amount specified as AT1 in Table 1.1 of this Schedule 3 for the relevant Train Service type as escalated for the relevant Billing Period; and GTK is the sum of the Gtk for all relevant Train Services (loaded and empty) operated for the relevant Billing Period on the basis of the Gtk for each individual Train Service operated being determined in accordance with Clause 2.3 of this Schedule 3; ICC is the incremental capacity charge for the relevant Billing Period for the relevant Train Service type which is calculated by the formula: AT2 * NTS Where AT2 is the amount specified as AT2 in Table 1.1 of this Schedule 3 for the relevant Train Service type as escalated for the relevant Billing Period; and NTS is the number of relevant individual Train Services operated for the relevant Billing Period; ALT1 is the Ntk allocated charge for the relevant Billing Period for the relevant Train Service type which is calculated by the formula: (AT3 * NTK) / 1000 Where AT3 is the amount specified as AT3 in Table 1.1 of this Schedule 3 for the relevant Train Service type as escalated for the relevant Billing Period; and NTK is the sum of the Ntk of all relevant Train Services (loaded and empty) operated for the relevant Billing Period on the basis of the Ntk for each individual Train Service operated being determined in accordance with Clause 2.5 2.32.5 of this Schedule 3; ALT2 is the net tonne allocated charge for the relevant Billing Period for the relevant Train Service type which is calculated by the formula: AT4 * NT Where AT4 is the amount specified as AT4 in Table 1.1 of this Schedule 3 for the relevant Train Service type as escalated for the relevant Billing Period; and NT is the sum of the net tonnes of all relevant Train Services (loaded and empty) operated for the relevant Billing Period on the basis of the net tonnes for each individual Train Service operated being determined in accordance with Clause 2.4 of this Schedule 3; ET is the electric traction charge for the relevant Billing Period for the relevant Train Service type which is calculated by the formula: (AT5 * eGTK) / 1000 Where AT5 is the amount specified as AT5 in Table 1.1 of this Schedule 3 for the relevant Train Service type as escalated for the relevant Billing Period; and eGTK is the sum of the Gtk of all relevant electric locomotive hauled Train Services (loaded and empty) operated for the relevant Billing Period on the basis of the Gtk for each individual electric locomotive hauled Train Service operated being determined in accordance with Clause 2.3 of this Schedule 3; EE is the electric energy usage charge for the relevant Billing Period for the relevant Train Service type which is calculated by the formula: (EC * eGTK) / 1000 Where EC is the amount specified as EC in Table 1.1 of this Schedule 3 for the relevant Train Service type as escalated for the relevant Billing Period; and eGTK is the sum of the Gtk of all relevant electric locomotive hauled Train Services (loaded and empty) operated for the relevant Billing Period on the basis of the Gtk for each individual electric locomotive hauled Train Service operated being determined in accordance with Clause 2.3 of this Schedule 3; QL is the QCA Levy charge for the relevant Billing Period for the relevant Train Service type which is calculated by the formula: QL * NT Where QL is the amount specified as QL in Table 1.1 of this Schedule 3 for the relevant Train Service type as escalated for the relevant Billing Period; and NT is the sum of the net tonnes of all relevant Train Services (loaded and empty) operated for the relevant Billing Period on the basis of the net tonnes for each individual Train Service operated being determined in accordance with Clause 2.4 of this Schedule 3; ATP2 is the annual TOP Charges for the relevant Train Service type, calculated for: (a) for that part of the first year following the Commitment Date until 30 June, the period from the Commitment Date up to and including the Month commencing 1 June; (b) the twelve (12) Months during a full year commencing 1 July; or (c) for a year commencing on 1 July and ending on the date of expiry or termination of this Agreement, the twelve (12) Months commencing when that year commences, but applied only in the last Month of the period identified in (a), (b) or (c) above, shall be, subject to ATP not being less than zero: (1) if SGtkY >= (FGtkY – Aurizon NetworkGtkY), zero; (2) if TR >= SAR, zero; (3) if TR < SAR and TATP > MTPA, TPA; or (4) otherwise, ATPY, Where: SGtkY is the System Gtk for the period identified in paragraph (b) or (c) above; FGtkY is the Forecast Gtk for the period identified in paragraph (b) or (c) above; Aurizon NetworkGtkYis the System Gtk that would have been achieved solely due to coal carrying Train Services that were unable to operate in the period identified in (b) or (c) above directly as a result of an Aurizon Network Cause; TR subject to Clause [5.2/4.2] of this Schedule 3, is the Total Actual Revenue for AT2-4 for the Individual Coal System to which this Agreement relates for the relevant Year less the aggregate amount of Take or Pay for the relevant Year that Aurizon Network would be entitled to earn from all Access Agreements in relation to that Individual Coal System executed or renewed on or after the Commencing Date (other than New Access Agreements entered as part of transferring Access Rights from Access Agreements entered as part of transferring Access Rights from Access Agreements in place on the day immediately prior to the Commencing Date pursuant to Paragraph 7.3.7(a) of Aurizon Network’s Access Undertaking); 2 This formula for ATP assumes that the Train Services operates within a single Individual Coal System. If a Train Service requires access to more than one Individual Coal System (“Cross System Train Service”), the calculation of ATP will involve calculating a separate ATP for that Train Service for each Individual Coal System and then aggregating those separate amounts. If the Train Service is a Cross System Train Service, Aurizon Network may vary the formula of ATP to reflect this. SAR subject to Clause [5.2/4.2] of this Schedule 3, is the System Allowable Revenue for AT2-4 for the Individual Coal System to which this Agreement relates for the relevant Year; MTPA is the amount by which SAR exceeds TR; TATP subject to Clause [5.2/4.2] of this Schedule 3, is the aggregate amount of Take or Pay that Aurizon Network would be entitled to earn from all Access Agreements executed or renewed on or after the Commencing Date (other than New Access Agreements entered as part of transferring Access Rights from Access Agreements in place of the day immediately prior to the Commencing Date pursuant to Paragraph 7.3.7(a) of Aurizon Network’s Access Undertaking) in relation to the Individual Coal System to which this Agreement relates for the relevant Year; TPA is calculated by the formula: MTPA * (ATPY / TATP) ATPY is calculated by the formula: AT2 * (CNTSY - Aurizon NetworkNTSY – NTSY - RNTSY) + AT3 * (CNTKY - Aurizon NetworkNTKY-NTKY-RNTKY) + AT4 * (CNTY - Aurizon NetworkNTY – NTY-RNTY) Where: AT2 is the amount specified as AT2 in Table 1.1 of this Schedule 3 for the relevant Train Service type as escalated for the relevant Billing Period; CNTSY is the number of individual Train Services that were entitled to be operated for the End User under Schedule 1 for the relevant period identified in (a), (b) or (c) above; Aurizon NetworkNTSY is the number of the relevant individual Train Services for which an Operator has been allocated Access Rights by the End User and that would have been operated by that Operator for the relevant period identified in (a), (b) or (c) above, but were unable to operate directly as a result of an Aurizon Network Cause; NTSY is the number of the relevant individual Train Services operated for the relevant period identified in (a), (b) or (c) above; RNTSY is, to the extent that such an amount has not been included in calculating NTSY, the number of individual Train services operated for the relevant period identified in (a), (b) or (c) by an Operator for the End User as an Ad Hoc Train Service (as defined in Schedule 10 of the Train Operations Agreement) due to the End User increasing its allocation of Access Rights to that Operator in accordance with Clause 2.3(f), but Aurizon Network not being able to schedule that Train service other than as an Ad Hoc Train Service due to the variation occurring after the Intermediate Train Plan was finalised; AT3 is the amount specified as AT3 in Table 1.1 of this Schedule 1 for the relevant Train Service type as escalated for the relevant Billing Period (including any applicable System Premium or System Discount); CNTKY is the sum of the Ntk that would have been determined for the relevant period identified in (a), (b) or (c) above, had all the relevant Train Services (loaded and empty) that where entitled to be operated for the End User in the relevant period under Schedule 1 been operated and where Ntk is determined by identifying CNTSY for loaded Train Services (as defined above) multiplied by a nominal net tonnes per loaded Train Service as reasonably determined by Aurizon Network multiplied by the distance specified in Table 1.1 of Schedule 1 for the relevant Train Service; Aurizon NetworkNTKY is the sum of the Ntk that would have been determined for the relevant period identified in (a), (b) or (c) above, solely due to those relevant Train Services that were unable to operate directly as a result of an Aurizon Network Cause where Ntk is determined by identifying Aurizon NetworkNTSY for loaded Train Services (as defined above) multiplied by a nominal net tonnes per loaded Train Service as reasonably determined by Aurizon Network multiplied by the distance specified in Table 1.1 of Schedule 1 for the relevant Train Service; NTKY is the sum of the Ntk of all relevant Train Services (loaded and empty) operated for the relevant period identified in (a), (b) or (c) above on the basis of the Ntk for each individual Train Service operated being determined in accordance with the relevant Train Operations Agreement; RNTKY is, to the extent that such an amount has not been included in calculating NTKY, the sum of the Ntk that would have been determined for the relevant period identified in (a), (b) or (c) above, solely due to those Train services operated by an Operator for the End User as an Ad Hoc Train Service (as defined in Schedule 10 of the Train Operations Agreement) due to the End User increasing its allocation of Access Rights to that Operator in accordance with Clause 2.3(f), but Aurizon Network not being able to schedule that Train service other than as an Ad Hoc Train Service due to the variation occurring after the Intermediate Train Plan was finalised; AT4 is the amount specified as AT4 in Table 1.1 of this Schedule 1 for the relevant Train Service type as escalated for the relevant Billing Period; CNTY is the sum of the Nt that would have been determined for the period identified in (a), (b) or (c) above, had all the relevant Train Services (loaded and empty) that were entitled to be operated for the End User in the relevant period under Schedule 1 been operated and where Nt is determined by identifying CNTSY for loaded Train Services (as defined above) multiplied by a nominal net tonnes per loaded Train Service as reasonably determined by Aurizon Network for the relevant Train Service; Aurizon NetworkNTY is the sum of the Nt that would have been determined for the period identified in (a), (b) or (c) above, solely due to those relevant Train Services that were unable to operate directly as a result of an Aurizon Network Cause where Nt is determined by identifying Aurizon NetworkNTSY for loaded Train Services (as defined above) multiplied by a nominal net tonnes per loaded Train Service as reasonably determined by Aurizon Network for the relevant Train Service; NTY is the sum of the net tonnes of all relevant Train Services (loaded and empty) operated for the relevant period identified in (a), (b) or (c) above on the basis of the net tonnes for each individual Train Service operated being determined in accordance with the relevant Train Operations Agreement; and RNTY is, to the extent that such an amount has not being included in calculating NTY, the sum of the Nt that would have been determined for the period identified in (a), (b) or (c) above, solely due to those Train services operated by an Operator for the End User as an Ad Hoc Train Service (as defined in Schedule 10 of the Train Operations Agreement) due to the End User increasing its allocation of Access Rights to that Operator in accordance with Clause 2.3(f), but Aurizon Network not being able to schedule that Train service other than as an Ad Hoc Train Service due to the variation occurring after the Intermediate Train Plan was finalised; GST is the rate of GST (expressed as a decimal) applicable at the time the supply is made; and G is the sum of any other amount due and payable under this Agreement including charges for GST not already factored in by the formula for AC including, but not limited to, payment for Ancillary Services, interest, Overload Charges, Adjustment Charges, payment for ad-hoc Train services not calculated in AC above, performance payments from Schedule 1, Schedule 1 of a relevant Train Operations Agreement or Schedule 5 of a relevant Train Operations Agreement and any adjustments (positive or negative).Clause

Appears in 1 contract

Samples: End User Access Agreement

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Where End User only pays. TOP Charges, include the second 5.1 and delete the first 5.1. Clauses 5.2-5.4 are retained in either case] 5.1 The amount of the invoice for charges payable by the End User under this Agreement for the relevant Billing Period shall be calculated in accordance with the following formula: TC = AC * (1 + GST) + G Where TC is the total amount of charges payable by the End User for the relevant Billing Period; AC is the sum of the Access Charges payable for the relevant Billing Period in respect to each Train Service type where the Access Charges payable for each Train Service shall equal the sum of IM, ICC, XXX0, XXX0, XX, XX, XX and ATP for each Train Service type; IM is the incremental maintenance charge for the relevant Billing Period for the relevant Train Service type which is calculated by the formula: (AT1 * GTK) / 1000 Where AT1 is the amount specified as AT1 in Table 1.1 of this Schedule 3 for the relevant Train Service type as escalated for the relevant Billing Period; and GTK is the sum of the Gtk for all relevant Train Services (loaded and empty) operated for the relevant Billing Period on the basis of the Gtk for each individual Train Service operated being determined in accordance with Clause 2.3 of this Schedule 3; ICC is the incremental capacity charge for the relevant Billing Period for the relevant Train Service type which is calculated by the formula: AT2 * NTS Where AT2 is the amount specified as AT2 in Table 1.1 of this Schedule 3 for the relevant Train Service type as escalated for the relevant Billing Period; and NTS is the number of relevant individual Train Services operated for the relevant Billing Period; ALT1 is the Ntk allocated charge for the relevant Billing Period for the relevant Train Service type which is calculated by the formula: (AT3 * NTK) / 1000 Where AT3 is the amount specified as AT3 in Table 1.1 of this Schedule 3 for the relevant Train Service type as escalated for the relevant Billing Period; and NTK is the sum of the Ntk of all relevant Train Services (loaded and empty) operated for the relevant Billing Period on the basis of the Ntk for each individual Train Service operated being determined in accordance with Clause 2.5 2.3 of this Schedule 3; ALT2 is the net tonne allocated charge for the relevant Billing Period for the relevant Train Service type which is calculated by the formula: AT4 * NT Where AT4 is the amount specified as AT4 in Table 1.1 of this Schedule 3 for the relevant Train Service type as escalated for the relevant Billing Period; and NT is the sum of the net tonnes of all relevant Train Services (loaded and empty) operated for the relevant Billing Period on the basis of the net tonnes for each individual Train Service operated being determined in accordance with Clause 2.4 of this Schedule 3; ET is the electric traction charge for the relevant Billing Period for the relevant Train Service type which is calculated by the formula: (AT5 * eGTK) / 1000 Where AT5 is the amount specified as AT5 in Table 1.1 of this Schedule 3 for the relevant Train Service type as escalated for the relevant Billing Period; and eGTK is the sum of the Gtk of all relevant electric locomotive hauled Train Services (loaded and empty) operated for the relevant Billing Period on the basis of the Gtk for each individual electric locomotive hauled Train Service operated being determined in accordance with Clause 2.3 of this Schedule 3; . EE is the electric energy usage charge for the relevant Billing Period for the relevant Train Service type which is calculated by the formula: (EC * eGTK) / 1000 Where EC is the amount specified as EC in Table 1.1 of this Schedule 3 for the relevant Train Service type as escalated for the relevant Billing Period; and eGTK is the sum of the Gtk of all relevant electric locomotive hauled Train Services (loaded and empty) operated for the relevant Billing Period on the basis of the Gtk for each individual electric locomotive hauled Train Service operated being determined in accordance with Clause 2.3 of this Schedule 3; . QL is the QCA Levy charge for the relevant Billing Period for the relevant Train Service type which is calculated by the formula: QL * NT Where QL is the amount specified as QL in Table 1.1 of this Schedule 3 for the relevant Train Service type as escalated for the relevant Billing Period; and NT is the sum of the net tonnes of all relevant Train Services (loaded and empty) operated for the relevant Billing Period on the basis of the net tonnes for each individual Train Service operated being determined in accordance with Clause 2.4 of this Schedule 3; ATP2 is the annual TOP Charges for the relevant Train Service type, calculated for: (a) for that part of the first year following the Commitment Date until 30 June, the period from the Commitment Date up to and including the Month commencing 1 June; (b) the twelve (12) Months during a full year commencing 1 July; or (c) for a year commencing on 1 July and ending on the date of expiry or termination of this Agreement, the twelve (12) Months commencing when that year commences, but applied only in the last Month of the period identified in (a), (b) or (c) above, shall be, subject to ATP not being less than zero: (1) if SGtkY >= (FGtkY – Aurizon NetworkGtkY), zero; (2) if TR >= SAR, zero; (3) if TR < SAR and TATP > MTPA, TPA; or (4) otherwise, ATPY, Where: SGtkY is the System Gtk for the period identified in paragraph (b) or (c) above; FGtkY is the Forecast Gtk for the period identified in paragraph (b) or (c) above; Aurizon NetworkGtkYis the System Gtk that would have been achieved solely due to coal carrying Train Services that were unable to operate in the period identified in (b) or (c) above directly as a result of an Aurizon Network Cause; and TR subject to Clause [5.2/4.2] of this Schedule 3, is the Total Actual Revenue for AT2-4 for the Individual Coal System to which this Agreement relates for the relevant Year less the aggregate amount of Take or Pay for the relevant Year that Aurizon Network would be entitled to earn from all Access Agreements in relation to that Individual Coal System executed or renewed on or after the Commencing Date (other than New Access Agreements entered as part of transferring Access Rights from Access Agreements entered as part of transferring Access Rights from Access Agreements in place on the day immediately prior to the Commencing Date pursuant to Paragraph 7.3.7(a) of Aurizon Network’s Access Undertaking); 2 This formula for ATP assumes that the Train Services operates within a single Individual Coal System. If a Train Service requires access to more than one Individual Coal System (“Cross System Train Service”), the calculation of ATP will involve calculating a separate ATP for that Train Service for each Individual Coal System and then aggregating those separate amounts. If the Train Service is a Cross System Train Service, Aurizon Network may vary the formula of ATP to reflect this. SAR subject to Clause [5.2/4.2] of this Schedule 3, is the System Allowable Revenue for AT2-4 for the Individual Coal System to which this Agreement relates for the relevant Year; MTPA is the amount by which SAR exceeds TR; TATP subject to Clause [5.2/4.2] of this Schedule 3, is the aggregate amount of Take or Pay that Aurizon Network would be entitled to earn from all Access Agreements executed or renewed on or after the Commencing Date (other than New Access Agreements entered as part of transferring Access Rights from Access Agreements in place of the day immediately prior to the Commencing Date pursuant to Paragraph 7.3.7(a) of Aurizon Network’s Access Undertaking) in relation to the Individual Coal System to which this Agreement relates for the relevant Year; TPA is calculated by the formula: MTPA * (ATPY / TATP) ATPY is calculated by the formula: AT2 * (CNTSY - Aurizon NetworkNTSY – NTSY - RNTSY) + AT3 * (CNTKY - Aurizon NetworkNTKY-NTKY-RNTKY) + AT4 * (CNTY - Aurizon NetworkNTY – NTY-RNTY) Where: AT2 is the amount specified as AT2 in Table 1.1 of this Schedule 3 for the relevant Train Service type as escalated for the relevant Billing Period; CNTSY is the number of individual Train Services that were entitled to be operated for the End User under Schedule 1 for the relevant period identified in (a), (b) or (c) above; Aurizon NetworkNTSY is the number of the relevant individual Train Services for which an Operator has been allocated Access Rights by the End User and that would have been operated by that Operator for the relevant period identified in (a), (b) or (c) above, but were unable to operate directly as a result of an Aurizon Network Cause; NTSY is the number of the relevant individual Train Services operated for the relevant period identified in (a), (b) or (c) above; RNTSY is, to the extent that such an amount has not been included in calculating NTSY, the number of individual Train services operated for the relevant period identified in (a), (b) or (c) by an Operator for the End User as an Ad Hoc Train Service (as defined in Schedule 10 of the Train Operations Agreement) due to the End User increasing its allocation of Access Rights to that Operator in accordance with Clause 2.3(f), but Aurizon Network not being able to schedule that Train service other than as an Ad Hoc Train Service due to the variation occurring after the Intermediate Train Plan was finalised; AT3 is the amount specified as AT3 in Table 1.1 of this Schedule 1 for the relevant Train Service type as escalated for the relevant Billing Period (including any applicable System Premium or System Discount); CNTKY is the sum of the Ntk that would have been determined for the relevant period identified in (a), (b) or (c) above, had all the relevant Train Services (loaded and empty) that where entitled to be operated for the End User in the relevant period under Schedule 1 been operated and where Ntk is determined by identifying CNTSY for loaded Train Services (as defined above) multiplied by a nominal net tonnes per loaded Train Service as reasonably determined by Aurizon Network multiplied by the distance specified in Table 1.1 of Schedule 1 for the relevant Train Service; Aurizon NetworkNTKY is the sum of the Ntk that would have been determined for the relevant period identified in (a), (b) or (c) above, solely due to those relevant Train Services that were unable to operate directly as a result of an Aurizon Network Cause where Ntk is determined by identifying Aurizon NetworkNTSY for loaded Train Services (as defined above) multiplied by a nominal net tonnes per loaded Train Service as reasonably determined by Aurizon Network multiplied by the distance specified in Table 1.1 of Schedule 1 for the relevant Train Service; NTKY is the sum of the Ntk of all relevant Train Services (loaded and empty) operated for the relevant period identified in (a), (b) or (c) above on the basis of the Ntk for each individual Train Service operated being determined in accordance with the relevant Train Operations Agreement; RNTKY is, to the extent that such an amount has not been included in calculating NTKY, the sum of the Ntk that would have been determined for the relevant period identified in (a), (b) or (c) above, solely due to those Train services operated by an Operator for the End User as an Ad Hoc Train Service (as defined in Schedule 10 of the Train Operations Agreement) due to the End User increasing its allocation of Access Rights to that Operator in accordance with Clause 2.3(f), but Aurizon Network not being able to schedule that Train service other than as an Ad Hoc Train Service due to the variation occurring after the Intermediate Train Plan was finalised; AT4 is the amount specified as AT4 in Table 1.1 of this Schedule 1 for the relevant Train Service type as escalated for the relevant Billing Period; CNTY is the sum of the Nt that would have been determined for the period identified in (a), (b) or (c) above, had all the relevant Train Services (loaded and empty) that were entitled to be operated for the End User in the relevant period under Schedule 1 been operated and where Nt is determined by identifying CNTSY for loaded Train Services (as defined above) multiplied by a nominal net tonnes per loaded Train Service as reasonably determined by Aurizon Network for the relevant Train Service; Aurizon NetworkNTY is the sum of the Nt that would have been determined for the period identified in (a), (b) or (c) above, solely due to those relevant Train Services that were unable to operate directly as a result of an Aurizon Network Cause where Nt is determined by identifying Aurizon NetworkNTSY for loaded Train Services (as defined above) multiplied by a nominal net tonnes per loaded Train Service as reasonably determined by Aurizon Network for the relevant Train Service; NTY is the sum of the net tonnes of all relevant Train Services (loaded and empty) operated for the relevant period identified in (a), (b) or (c) above on the basis of the net tonnes for each individual Train Service operated being determined in accordance with the relevant Train Operations Agreement; and RNTY is, to the extent that such an amount has not being included in calculating NTY, the sum of the Nt that would have been determined for the period identified in (a), (b) or (c) above, solely due to those Train services operated by an Operator for the End User as an Ad Hoc Train Service (as defined in Schedule 10 of the Train Operations Agreement) due to the End User increasing its allocation of Access Rights to that Operator in accordance with Clause 2.3(f), but Aurizon Network not being able to schedule that Train service other than as an Ad Hoc Train Service due to the variation occurring after the Intermediate Train Plan was finalised; GST is the rate of GST (expressed as a decimal) applicable at the time the supply is made; and G is the sum of any other amount due and payable under this Agreement including charges for GST not already factored in by the formula for AC including, but not limited to, payment for Ancillary Services, interest, Overload Charges, Adjustment Charges, payment for ad-hoc Train services not calculated in AC above, performance payments from Schedule 1, Schedule 1 of a relevant Train Operations Agreement or Schedule 5 of a relevant Train Operations Agreement and any adjustments (positive or negative).,

Appears in 1 contract

Samples: End User Access Agreement

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