17When negotiations are taken to end

17 When negotiations are taken to end

(1) Negotiations between an exporter and a port terminal service provider end on the earliest of the following days: (a) the day the exporter and provider enter into an access agreement; (b) the day the exporter provides written notification to the provider that it no longer wishes to enter into an access agreement; (c) the day that is 60 business days after the negotiation request concerned was made, or such later day as is agreed by the exporter and the provider. (2) For the purpose of calculating the number of days for paragraph (1)(c), the following days are to be disregarded: (a) each day the exporter and port terminal service provider are involved in resolving a dispute in accordance with clause 14; (b) the days during the period commencing on the day a notice is given under subclause 15(1) and ending on the day the exporter and provider enter into an agreement on the terms determined by the arbitrator under subclause 15(4). (3) If negotiations between an exporter and a port terminal service provider end without the exporter and provider entering an access agreement, the exporter may make a new application under clause 11 to the provider to enter into an access agreement.

Note: If a new application is made, the provisions of this Part apply to the new application (for example, the time period referred to in paragraph (1)(c) runs from the date of a negotiation request in respect of the new application).