Examples of Access Holder Agreement in a sentence
Where ARTC offers an Access Holder Agreement and the Applicant accepts the terms and conditions offered in that Access Holder Agreement, both ARTC and the Applicant will execute the Access Holder Agreement.
ARTC will negotiate the terms of the Operator Sub-Agreement forming part of the Access Holder Agreement with the Access Holder or the relevant Operator where it has been appointed as the Access Holder’s agent for that purpose.
A negotiated Access Holder Agreement will incorporate those clauses from the Indicative Access Holder Agreement identified as Tier 1 (Mandatory) Provisions for Coal Access Rights in Schedule A:1 and will, (unless otherwise agreed between ARTC and the Applicant) at least address those provisions identified as Tier 2 (Negotiable) Provisions for Coal Access Rights in Schedule A:1, as applicable to the destination of the Coal Access Rights sought.
Notwithstanding a commitment by the Access Holder to pay the take or pay component of the Charge for Access Rights contracted for under the Access Holder Agreement, the Access Holder may be entitled to a rebate of the take or pay component of the Charges paid following the application of Pricing Zone-wide true-up tests and an annual individual reconciliation.
An Accredited Operator may also enter into an Access Holder Agreement with ARTC under which it will hold Coal Access Rights.
If ARTC seeks endorsement of a project or Capital Expenditure in relation to a particular Pricing Zone, the endorsement of coal producers that hold Coal Access Rights under an Access Holder Agreement and any coal Train KM included under section 9.2(g), with at least 50% of Contracted Coal KM in that Pricing Zone will constitute endorsement by the RCG.
Subject to an Access Agreement being required to incorporate those clauses from the Indicative Access Holder Agreement identified as Tier 1 (Mandatory) Provisions for Coal Access Rights in Schedule A:1 and Tier 1 (Mandatory) Provisions for Non-Coal Access Rights in Schedule A:2 as applicable, nothing in this Undertaking can require a party to an existing Access Agreement to vary a term or provision of that agreement.
Once the Applicant has notified ARTC that it is satisfied with the terms and conditions of the Access Holder Agreement as drafted, ARTC will, as soon as reasonably practicable, provide a final Access Holder Agreement (or, if applicable, an amendment to an existing Access Agreement) to the Applicant for execution.
To avoid doubt, if an Access Holder seeks to renew Coal Access Rights in accordance with a specific right of renewal provided in its Access Holder Agreement, that request for a renewal will not be treated as an Access Application and will have, to the extent provided in the Access Holder Agreement, priority over an Access Application for Access Rights which are mutually exclusive with the Coal Access Rights sought to be renewed.