Common use of Exceptions and Limitations Clause in Contracts

Exceptions and Limitations. (a) To avoid doubt, the Access Holder will not accrue a rebate in respect of a Train Path if in that Period, subject to clause 16.5 of this agreement, the number of Path Usages for which an Operator actually operated a Service for the Access Holder on that Train Path in a Pricing Zone to transport coal, is equal to or exceeds the aggregate of the Access Holder’s Base Path Usages and Allowed Tolerance in that Pricing Zone for that Period less any Path Usages not made available under clause 3.14, clause 4.5 or clause 11.6 of this agreement.

Appears in 24 contracts

Samples: Holder Agreement, Access Holder Agreement, Access Holder Agreement

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Exceptions and Limitations. (a) To avoid doubt, the Access Holder will not accrue a rebate in respect of a Train Path if in that Period, subject to clause 16.5 of this agreement, the number of Path Usages for which an Operator actually operated a Service for the Access Holder on that Train Path in a Pricing Zone to transport coal, is equal to or exceeds the aggregate of the Access Holder’s Base Path Usages and Allowed Tolerance in that Pricing Zone for that Period less any Path Usages not made available under clause 3.14, or clause 4.5 or clause 11.6 of this agreement.

Appears in 2 contracts

Samples: www.accc.gov.au, www.accc.gov.au

Exceptions and Limitations. (a) To avoid doubt, the Access Holder will not accrue a rebate in respect of a Train Path if in that Period, subject to clause 16.5 of this agreement, the number of Path Usages for which an Operator actually operated a Service for the Access Holder on that Train Path in a Pricing Zone to transport coal, is equal to or exceeds the aggregate of the Access Holder’s Base Path Usages and Allowed Tolerance in that Pricing Zone for that Period less any Path Usages not made available under clause 3.14, or clause 4.5 or clause 11.6 of this agreement.

Appears in 1 contract

Samples: www.accc.gov.au

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Exceptions and Limitations. (a) To avoid doubt, the Access Holder will not accrue a rebate in respect of a Train Path if in that Period, subject to clause 16.5 of this agreement, the number of Path Usages for which an Operator actually operated a Service for the Access Holder on that Train Path in a Pricing Zone to transport coal, is equal to or exceeds the aggregate of the Access Holder’s Base Path Usages and Allowed Tolerance in that Pricing Zone for that Period less any Path Usages not made available under clause 3.14, or clause 4.5 or clause 11.6 of this agreement.

Appears in 1 contract

Samples: Access Holder Agreement

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