Common use of HCF Clause in Contracts

HCF. (a) HCF for each Financial Year is calculated as follows:- HCF = [OFC + DC + MC] x Where:- OFC is the aggregate of all Fixed Operating Costs for the Financial Year; DC is other expenditure (not being Capital Expenditure) incurred by the Operator for the operation and maintenance of the Terminal (including any Operator's margin) for that Financial Year and reimbursable by DBCT Management pursuant to the Operation & Maintenance Contract; MC is the minor Capital Expenditure for the Terminal (not included in DC) in the relevant Financial Year, to a maximum of $3 million; ACT is the higher of the User's Annual Contract Tonnage or the tonnage of Coal actually Shipped by it in the relevant Financial Year; and TACT is the total of the annual contract tonnages (or if an Access Holder's actual tonnage Shipped is greater than its annual contract tonnage, the actual tonnage Shipped) of all Access Holders for each relevant 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, having consulted with the Operator, DBCT Management must advise the User in writing of the estimated HCF payable by the User during the forthcoming Financial Year.

HCF. (a) HCF for each Financial Year in respect of the Terminal Component is calculated as follows:- HCF follows: = [OFC [ + DC + MC] x Where:- Where: OFC is the aggregate of all Fixed Operating Costs for the Financial YearYear in respect of the relevant Terminal Component; DC is other expenditure (not being Capital Expenditure) incurred by the Operator for the operation and maintenance of the relevant Terminal Component (including any Operator's margin) for that Financial Year and reimbursable by DBCT Management pursuant to the Operation & Maintenance Contract; MC is the minor Capital Expenditure for the relevant Terminal Component (not included in DC) in the relevant Financial Year, to a maximum of $3 million; ACT is the higher of the User's Annual Contract Tonnage or the tonnage in respect of Coal actually Shipped by it in the relevant Financial YearTerminal Component; and TACT is the total of the annual contract tonnages (or if an Access Holder's actual tonnage Shipped is greater than its annual contract tonnage, the actual tonnage Shipped) of all Access Holders for each relevant Financial Year. For clarification, tonnages referred to Year in this clause include Reference Tonnages and Non-Reference Tonnagesrespect of the relevant Terminal Component. (b) As soon as practicable after each 31 May, having consulted with the Operator, DBCT Management must advise the User in writing of the estimated HCF payable by the User during the forthcoming Financial YearYear in respect of the relevant Terminal Component.

HCF. (a) HCF for each Financial Year is calculated as follows:- HCF = [OFC +  OFC  DC + MC]  MC x Where:- OFC is the aggregate of all Fixed Operating Costs for the Financial Year; DC is other expenditure (not being Capital Expenditure) incurred by the Operator for the operation and maintenance of the Terminal (including any Operator's margin) for that Financial Year and reimbursable by DBCT Management pursuant to the Operation & Maintenance Contract; MC is the minor Capital Expenditure for the Terminal (not included in DC) in the relevant Financial Year, to a maximum of $3 million; ACT is the higher of the User's Annual Contract Tonnage or the tonnage of Coal actually Shipped by it in the relevant Financial Year; and TACT is the total of the annual contract tonnages (or if an Access Holder's actual tonnage Shipped is greater than its annual contract tonnage, the actual tonnage Shipped) of all Access Holders for each relevant 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, having consulted with the Operator, DBCT Management must advise the User in writing of the estimated HCF payable by the User during the forthcoming Financial Year.

HCF. (a) HCF for each Financial Year is calculated as follows:- HCF = [OFC + DC + MC] x ACT TACT Where:- OFC is the aggregate of all Fixed Operating Costs for the Financial Year; DC is other expenditure (not being Capital Expenditure) incurred by the Operator for the operation and maintenance of the Terminal (including any Operator's ’s margin) for that Financial Year and reimbursable by DBCT Management pursuant to the Operation & Maintenance Contract; MC is the minor Capital Expenditure for the Terminal (not included in DC) in the relevant Financial Year, to a maximum of $3 million; ACT is the higher of the User's ’s Annual Contract Tonnage or the tonnage of Coal actually Shipped by it in the relevant Financial Year; and TACT is the total of the annual contract tonnages (or if an Access Holder's ’s actual tonnage Shipped is greater than its annual contract tonnage, the actual tonnage Shipped) of all Access Holders for each relevant 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, having consulted with the Operator, DBCT Management must advise the User in writing of the estimated HCF payable by the User during the forthcoming Financial Year.