Reduction of Access Rights where insufficient capacity created Sample Clauses
Reduction of Access Rights where insufficient capacity created. (a) Notwithstanding any other provision in this Agreement, if Queensland Rail
(i) after the commissioning of the last of the relevant Infrastructure Enhancements, Queensland Rail will, subject to Clause 3.6(b), undertake an assessment of the change in Existing Capacity arising as a result of those Enhancements (“Change in Existing Capacity”);
(ii) where Change in Existing Capacity is measured as the Existing Capacity at that time, less the Existing Capacity of the system in the absence of the Infrastructure Enhancement, using consist Supply Chain Operating Assumptions;
(iii) the assessment must be done expeditiously with an evaluation period of no more than six months following commissioning;
(iv) if that assessment indicates that the Change in Existing Capacity is not due to an Infrastructure Enhancement, then Conditional Access Rights will not be reduced;
(v) if the Change in Existing Capacity is due to an Infrastructure Enhancement but:
(A) that assessment indicates that the Change in Existing Capacity is less than thePlanned Capacity for those infrastructure enhancements at the time when the Conditional Access Rights were granted; and
(B) that Change in Existing Capacity is not sufficient to provide all of the Conditional Access Rights to all of the Conditional Access Holders and rectify any existing deficit of Available Capacity to Committed Capacity in respect of the relevant Rail Infrastructure,
(C) the Conditional Access Rights of the Operator will be reduced on a pro rated basis, to a proportion of:
a. the Change in Existing Capacity; and
b. less the Capacity required to be provided to existing non-conditional Access Holders to rectify any existing deficity of Available Capacity to Committed Capacity in respect of the relevant Rail Infrastructure;
c. by reference to the proportion that those Conditional Access Rights bear to the aggregate of the Conditional Access Rights for all of the Conditional Access Holders;
(D) Queensland Rail will notify the Operator:
a. of the assessment that has been undertaken; and b. of the reduction in its Conditional Access Rights (“Access Rights Reduction”) and the basis of that calculation; and