Common use of User Fee Clause in Contracts

User Fee. 27.1.1 MOR shall pay to the Concessionaire a sumequal to 50% (fifty percent) of the revenue apportionment from freight operations on the Rail System, determined in accordance with Inter Railway Financial Adjustment Rules, as the User Fee for using the Rail System (“User Fee”). For the avoidance of doubt, it is hereby clarified that MOR shall retain 50% (fifty percent) of the revenue apportionment from freight operations on the Rail System and such amount retained by MOR shall be deemed to be the cost incurred by MOR towards provision of Reserved Services, overhead cost, central charge and all costs incidental thereto. 27.1.2 The User Fees shall be computed based on the actual traffic carried over the Rail System, using the commodity wise tariff set forth in the freight rate table published for the year ***, to be considered as the base tariff for the RFQ year. It is hereby agreed between the Parties that during the Concession Period the base tariff shall be escalated at the rate of [6% (six percent)] annually. It is hereby clarified that the first escalation shall be done on 1stApril of the year following the year of publication of the RFQ. For the avoidance of doubt, the provisions relating to computation of User Fees as set out in this Clause 27.1.2 has been illustrated in Schedule-J. 27.1.3 The Parties agree that Zonal Railway shall undertake all payment obligations for and on behalf of MOR with respect to User Fee under this Article 27. It is also agreed that such undertaking of payment obligations by the Zonal Railways shall not in any manner absolve MOR from any liability or obligation under this Agreement.

User Fee. 27.1.1 MOR shall pay to the Concessionaire a sumequal sum equal to 50% (fifty percent) of the revenue apportionment from freight operations on the Rail System, determined in accordance with Inter Railway Financial Adjustment Rules, as the User Fee for using the Rail System (“User Fee”). For the avoidance of doubt, it is hereby clarified that MOR shall retain 50% (fifty percent) of the revenue apportionment from freight operations on the Rail System and such amount retained by MOR shall be deemed to be the cost incurred by MOR towards provision of Reserved Services, overhead cost, central charge and all costs incidental thereto. 27.1.2 The User Fees shall be computed based on the actual traffic carried over the Rail System, using the commodity wise tariff set forth in the freight rate table published for the year ***, to be considered as the base tariff for the RFQ year. It is hereby agreed between the Parties that during the Concession Period the base tariff shall be escalated at the rate of [6% (six percent)] annually. It is hereby clarified that the first escalation shall be done on 1stApril of the year following the year of publication of the RFQ. For the avoidance of doubt, the provisions relating to computation of User Fees as set out in this Clause 27.1.2 has been illustrated in Schedule-J. 27.1.3 The Parties agree that Zonal Railway shall undertake all payment obligations for and on behalf of MOR with respect to User Fee under this Article 27. It is also agreed that such undertaking of payment obligations by the Zonal Railways shall not in any manner absolve MOR from any liability or obligation under this Agreement.

User Fee. 27.1.1 MOR shall pay to the Concessionaire a sumequal sum equal to 50% (fifty percent) of the revenue apportionment from freight operations on the Rail System, determined in accordance with Inter Railway Financial Adjustment Rules, as the User Fee for using the Rail System (“User Fee”). For the avoidance of doubt, it is hereby clarified that MOR shall retain 50% (fifty percent) of the revenue apportionment from freight operations on the Rail System and such amount retained by MOR shall be deemed to be the cost incurred by MOR towards provision of Reserved Services, overhead cost, central charge and all costs incidental thereto. 27.1.2 The User Fees shall be computed based on the actual traffic carried over the Rail System, using the commodity wise tariff set forth in the freight rate table published for the year ***, to be considered as the base tariff for the RFQ year. It is hereby agreed between the Parties that during the Concession Period the base tariff shall be escalated at the rate of [6% (six percent)] **** annually. It is hereby clarified that the first escalation shall be done on 1stApril of the year following the year of publication of the RFQ. For the avoidance of doubt, the provisions relating to computation of User Fees as set out in this Clause 27.1.2 has been illustrated in Schedule-J. 27.1.3 The Parties agree that Zonal Railway shall undertake all payment obligations for and on behalf of MOR with respect to User Fee under this Article 27. It is also agreed that such undertaking of payment obligations by the Zonal Railways shall not in any manner absolve MOR from any liability or obligation under this Agreement.