Common use of HCV Clause in Contracts

HCV. (a) HCV for each Financial Year is calculated as follows:- Where:- OVC x TTCS the actual number of tonnes of Coal Shipped by the User pursuant to this Agreement in the relevant Financial Year. OVC is the aggregate of all Variable Operating Costs in respect of the Handling of all Coal through the Terminal for a Financial Year; and TTCS is the total number of tonnes of Coal Shipped through the Terminal during that Financial Year. For clarification, tonnages referred to in this clause include Reference Tonnages and Non-Reference Tonnages. (b) As soon as practicable after each 31 May, and having consulted with the Operator, DBCT Management must advise the User in writing of the estimated HCV payable by the User during the forthcoming Financial Year (based on [DBCT Management’s reasonable estimate of the total tonnage to be Handled through the Terminal pursuant to this Agreement in that Financial Year)]. [Note: square brackets around words in this clause indicate these words will be included in the Standard Access Agreement if existing Access Agreements are amended with this wording, to align present and future Access Agreements]

HCV. (a) HCV for each Financial Year is calculated as follows:- Where:- OVC x TTCS the actual number of tonnes of Coal Shipped by the User pursuant to this Agreement in the relevant Financial Year. Where:- OVC is the aggregate of all Variable Operating Costs in respect of the Handling of all Coal through the Terminal for a Financial Year; and TTCS is the total number of tonnes of Coal Shipped through the Terminal during that Financial Year. For clarification, tonnages referred to in this clause include Reference Tonnages and Non-Reference Tonnages. (b) As soon as practicable after each 31 May, and having consulted with the Operator, DBCT Management must advise the User in writing of the estimated HCV payable by the User during the forthcoming Financial Year (based on [DBCT Management’s reasonable estimate of the total tonnage to be Handled through the Terminal pursuant to this Agreement in that Financial Year)]. [Note: square brackets around words in this clause indicate these words will be included in the Standard Access Agreement if existing Access Agreements are amended with this wording, to align present and future Access Agreements]