Common use of Capacity Allocation Clause in Contracts

Capacity Allocation. Rail Net Denmark allocates capacity on behalf of ØSB. The RU is allocated the capacity to carry out train operation. Allocation is granted annually on the basis of a specific application from the RU and Rail Net Denmark provides a written confirmation on the awarded capacity allocation. Additional capacity for occasional transport may also be allocated. The allocation principles are set forth in the applicable executive order on allocation of railway infrastructure capacity (paths) etc. Deadlines for application and allocation of capacity are provided on Rail Net Denmark’s website. As part of the capacity allocation process the parties must exchange data. Rail Net Denmark continually makes infrastructure data available for the RU. The RU submits rolling stock data and production data to Rail Net Denmark. To preserve the right to allocated paths, the RU must utilize these. If the RU partly or totally ceases to utilize allocated paths, the RU is obliged to inform Rail Net Denmark immediately and without any undue delay. If the RU does not wish to utilize the allocated path, the path must be cancelled. Such cancellation is subject to a charge. The determination of such charge is governed by the applicable executive order on infrastructure charges etc. for the State’s rail network. The first day of every month, Rail Net Denmark quantifies the utilized capacity compared to the volume of allocated capacity. In order to ensure optimal utilization of the capacity, Rail Net Denmark may revoke one or more paths, if less than 75 % is used within at least a month of the allocated capacity. Rail Net Denmark’s right to revoke does not apply if the decreased utilization of the capacity is due to circumstances outside the influence of the RU. In case of congested infrastructure the Danish Transport and Construction Agency will, according to the applicable executive order on allocation of railway infrastructure capacity (paths) etc., determine the threshold for when Rail Net Denmark may revoke utilization of one or more paths. Passenger and freight traffic not carried out as a public service is subject to applicable law on allocation of rail way infrastructure capacity (paths) etc. stating that the RU reserves the right to 90 % of the paths from previous capacity allocated on all tracks from one allocation period to the next, if an application is submitted. Optional paths may be revoked by Rail Net Denmark on prior agreement between the RU and Rail Net Denmark. However, Rail Net Denmark reserves the right to revoke a given path without prior agreement with the RU if an appropriate application is not submitted for the relevant path at least five days before the actual operation of the path. In connection with specific sales projects/research studies, an agreed timetable can be determined for up to thirty days.

Capacity Allocation. Rail Net Denmark allocates capacity on behalf of ØSB. The RU is allocated the capacity to carry out train operation. Allocation is granted annually on the basis of a specific application from the RU and Rail Net Denmark Banedanmark provides a written confirmation on the awarded capacity allocation. Additional capacity for occasional transport may also be allocated. The allocation principles are set forth in the applicable executive order on allocation of railway infrastructure capacity (paths) etc. Deadlines for application and allocation of capacity are provided on Rail Net DenmarkBanedanmark’s website. As part of the capacity allocation process the parties must exchange data. Rail Net Denmark Banedanmark continually makes infrastructure data available for the RU. The RU submits rolling stock data and production data to Rail Net DenmarkBanedanmark. To preserve the right to allocated paths, the RU must utilize these. If the RU partly or totally ceases to utilize allocated paths, the RU is obliged to inform Rail Net Denmark Banedanmark immediately and without any undue delay. If the RU does not wish to utilize the allocated path, the path must be cancelled. Such cancellation is subject to a charge. The determination of such charge is governed by the applicable executive order on infrastructure charges etc. for the State’s rail network. The first day of every month, Rail Net Denmark Banedanmark quantifies the utilized capacity compared to the volume of allocated capacity. In order to ensure optimal utilization of the capacity, Rail Net Denmark Banedanmark may revoke one or more paths, if less than 75 % is used within at least a month of the allocated capacity. Rail Net DenmarkBanedanmark’s right to revoke does not apply if the decreased utilization of the capacity is due to circumstances outside the influence of the RU. In case of congested infrastructure infrastructure, the Danish Transport Traffic, Building and Construction Housing Agency will, according to the applicable executive order on allocation of railway infrastructure capacity (paths) etc., determine the threshold for when Rail Net Denmark Banedanmark may revoke utilization of one or more paths. Passenger and freight traffic not carried out as a public service obligation is subject to applicable law on allocation of rail way infrastructure capacity (paths) etc. stating that the RU reserves the right to 90 % of the paths from previous capacity allocated on all tracks from one allocation period to the next, if an application is submitted. Optional paths may be revoked by Rail Net Denmark Banedanmark on prior agreement between the RU and Rail Net DenmarkBanedanmark. However, Rail Net Denmark Banedanmark reserves the right to revoke a given path without prior agreement with the RU RU, if an appropriate application is not submitted for the relevant path at least five days before the actual operation of the path. In connection with specific sales projects/research studies, an agreed timetable can be determined for up to thirty days.

Capacity Allocation. Rail Net Denmark allocates capacity on behalf of ØSB. The RU is allocated the capacity to carry out train operation. Allocation is granted annually on the basis of a specific application from the RU and Rail Net Denmark provides a written confirmation on the awarded capacity allocation. Additional capacity for occasional transport may also be allocated. The allocation principles are set forth in the applicable executive order on allocation of railway infrastructure capacity (paths) etc. Deadlines for application and allocation of capacity are provided on Rail Net Denmark’s website. As part of the capacity allocation process the parties must exchange data. Rail Net Denmark continually makes infrastructure data available for the RU. The RU submits rolling stock data and production data to Rail Net Denmark. To preserve the right to allocated paths, the RU must utilize these. If the RU partly or totally ceases to utilize allocated paths, the RU is obliged to inform Rail Net Denmark immediately and without any undue delay. If the RU does not wish to utilize the allocated path, the path must be cancelled. Such cancellation is subject to a charge. The determination of such charge is governed by the applicable executive order on infrastructure charges etc. for the State’s rail network. The first day of every month, Rail Net Denmark quantifies the utilized capacity compared to the volume of allocated capacity. In order to ensure optimal utilization of the capacity, Rail Net Denmark may revoke one or more paths, if less than 75 % is used within at least a month of the allocated capacity. Rail Net Denmark’s right to revoke does not apply if the decreased utilization of the capacity is due to circumstances outside the influence of the RU. In case of congested infrastructure the Danish Transport Traffic, Building and Construction Housing Agency will, according to the applicable executive order on allocation of railway infrastructure capacity (paths) etc., determine the threshold for when Rail Net Denmark may revoke utilization of one or more paths. Passenger and freight traffic not carried out as a public service obligation is subject to applicable law on allocation of rail way infrastructure capacity (paths) etc. stating that the RU reserves the right to 90 % of the paths from previous capacity allocated on all tracks from one allocation period to the next, if an application is submitted. Optional paths may be revoked by Rail Net Denmark on prior agreement between the RU and Rail Net Denmark. However, Rail Net Denmark reserves the right to revoke a given path without prior agreement with the RU RU, if an appropriate application is not submitted for the relevant path at least five days before the actual operation of the path. In connection with specific sales projects/research studies, an agreed timetable can be determined for up to thirty days.

Capacity Allocation. Rail Net Denmark allocates capacity on behalf of ØSB. The RU is allocated the capacity to carry out train operation. Allocation is granted annually on the basis of a specific application from the RU and Rail Net Denmark provides a written confirmation on the awarded capacity allocation. Additional capacity for occasional transport may also be allocated. The allocation principles are set forth in the applicable executive order on allocation of railway infrastructure capacity (paths) etc. Deadlines for application and allocation of capacity are provided on Rail Net Denmark’s website. As part of the capacity allocation process the parties must exchange data. Rail Net Denmark continually makes infrastructure data available for the RU. The RU submits rolling stock data and production data to Rail Net Denmark. To preserve the right to allocated paths, the RU must utilize these. If the RU partly or totally ceases to utilize allocated paths, the RU is obliged to inform Rail Net Denmark immediately and without any undue delay. If the RU does not wish to utilize the allocated path, the path must be cancelled. Such cancellation is subject to a charge. The determination of such charge is governed by the applicable executive order on infrastructure charges etc. for the State’s rail network. The first day of every month, Rail Net Denmark quantifies the utilized capacity compared to the volume of allocated capacity. In order to ensure optimal utilization of the capacity, Rail Net Denmark may revoke one or more paths, if less than 75 % is used within at least a month of the allocated capacity. Rail Net Denmark’s right to revoke does not apply if the decreased utilization of the capacity is due to circumstances outside the influence of the RU. In case of congested infrastructure the Danish Transport and Construction Agency will, according to the applicable executive order on allocation of railway infrastructure capacity (paths) etc., determine the threshold for when Rail Net Denmark may revoke utilization of one or more paths. Passenger and freight traffic not carried out as a public service obligation is subject to applicable law on allocation of rail way infrastructure capacity (paths) etc. stating that the RU reserves the right to 90 % of the paths from previous capacity allocated on all tracks from one allocation period to the next, if an application is submitted. Optional paths may be revoked by Rail Net Denmark on prior agreement between the RU and Rail Net Denmark. However, Rail Net Denmark reserves the right to revoke a given path without prior agreement with the RU RU, if an appropriate application is not submitted for the relevant path at least five days before the actual operation of the path. In connection with specific sales projects/research studies, an agreed timetable can be determined for up to thirty days.