Common use of HCF Clause in Contracts

HCF. (a) HCF for each Financial Year in respect of the Terminal Component is calculated as follows: 𝐻𝐶𝐹 = [𝑂𝐹𝐶 + 𝐷𝐶 + 𝑀𝐶]𝑥 Where: 𝑇𝐴𝐶𝑇 OFC is the aggregate of all Fixed Operating Costs for the Financial Year 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 DBIM 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 User's Annual Contract Tonnage in respect of the relevant Terminal 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 in respect of the relevant Terminal Component. (b) As soon as practicable after each 31 May, having consulted with the Operator, DBIM must advise the User in writing of the estimated HCF payable by the User during the forthcoming Financial Year in respect of the relevant Terminal Component.

HCF. (a) HCF for each Financial Year in respect of the Terminal Component is calculated as follows: 𝐻𝐶𝐹 = [�[ ���𝐶 + 𝐷𝐶] + 𝑀𝐶]𝑥 Where: 𝑇𝐴𝐶𝑇 OFC is the aggregate of all Fixed Operating Costs for the Financial Year 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 DBIM 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 User's Annual Contract Tonnage in respect of the relevant Terminal 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 in respect of the relevant Terminal Component. (b) As soon as practicable after each 31 May, having consulted with the Operator, DBIM must advise the User in writing of the estimated HCF payable by the User during the forthcoming Financial Year in respect of the relevant Terminal Component.

HCF. (a) HCF for each Financial Year in respect of the Terminal Component is calculated as follows: 𝐴𝐶𝑇 𝐻𝐶𝐹 = [𝑂𝐹𝐶 + 𝐷𝐶𝑇𝐴𝐶𝑇 + 𝑀𝐶]𝑥 Where: 𝑇𝐴𝐶𝑇 OFC is the aggregate of all Fixed Operating Costs for the Financial Year 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 DBIM 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 User's Annual Contract Tonnage in respect of the relevant Terminal 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 in respect of the relevant Terminal Component. (b) As soon as practicable after each 31 May, having consulted with the Operator, DBIM must advise the User in writing of the estimated HCF payable by the User during the forthcoming Financial Year in respect of the relevant Terminal Component.