New Facilities
Investment may also be added to the Capital Base when a User makes a Capital
Contribution (as defined below) in respect of a New Facility. Nothing in this
Code prevents a User agreeing to pay the Service Provider a Charge which
exceeds the Charge that would apply under a Reference Tariff for a Reference
Service (or, in relation to another Service, under the Equivalent Tariff) in
any circumstance including, without limitation, if the excess is paid in
respect of the funding of a New Facility (in which case the extra payment is a
Capital Contribution).