Common use of Availability Exceptions Clause in Contracts

Availability Exceptions. (a) The availability of a Train Path or a Path Usages is subject to: (i) ARTC’s Passenger Priority obligations under clause 3.8 of this agreement; (ii) emergencies or genuine and material safety considerations; (iii) matters outside of the reasonable control of ARTC (except for matters which arise due to ARTC’s negligence or breach of its obligations under this agreement); (iv) material failure of an Operator’s Service; (v) the Network Management Principles; (vi) without limiting any other clause of this agreement, any lawful order, direction or requirement given to ARTC by a Governmental Authority relating to the Network; and (vii) Third Party Works, (“Availability Exceptions”), provided that the Availability Exceptions apply only to the extent that the occurrence of the Availability Exception prevents ARTC (acting reasonably) from making that particular Train Path or Path Usage available to the Access Holder. (b) The Access Holder agrees at all times during the Term not to access or attempt to access the Network in any way other than is authorised by this agreement, or as authorised under a separate valid and binding access holder agreement.

Availability Exceptions. (a) The availability of a Train Path or a Path Usages is subject to: (i) ARTC’s Passenger Priority obligations under clause 3.8 of this agreement; (ii) emergencies or genuine and material safety considerations; (iii) matters outside of the reasonable control of ARTC (except for matters which arise due to ARTC’s negligence or breach of its obligations under this agreement); (iv) material failure of an Operator’s Service; (v) the Network Management Principles; (vi) without limiting any other clause of this agreement, any lawful order, direction or requirement given to ARTC by a Governmental Authority relating to the Network; and (vii) Third Party Works, (“Availability Exceptions”), provided that the Availability Exceptions apply only to the extent that the occurrence of the Availability Exception prevents ARTC (acting reasonably) from making that particular Train Path or Path Usage available to the Access Holder. (b) The Access Holder Xxxxxx agrees at all times during the Term not to access or attempt to access the Network in any way other than is authorised by this agreement, or as authorised under a separate valid and binding access holder agreement.

Availability Exceptions. ‌ (a) The availability of a Train Path or a Path Usages is subject to: (i) ARTC’s Passenger Priority obligations under clause 3.8 of this agreement; (ii) emergencies or genuine and material safety considerations; (iii) matters outside of the reasonable control of ARTC (except for matters which arise due to ARTC’s negligence or breach of its obligations under this agreement); (iv) material failure of an Operator’s Service; (v) the Network Management Principles; (vi) without limiting any other clause of this agreement, any lawful order, direction or requirement given to ARTC by a Governmental Authority relating to the Network; and (vii) Third Party Works, (“Availability Exceptions”), provided that the Availability Exceptions apply only to the extent that the occurrence of the Availability Exception prevents ARTC (acting reasonably) from making that particular Train Path or Path Usage available to the Access Holder. (b) The Access Holder Xxxxxx agrees at all times during the Term not to access or attempt to access the Network in any way other than is authorised by this agreement, or as authorised under a separate valid and binding access holder agreement.

Availability Exceptions. ‌ (a) The availability of a Train Path or a Path Usages is subject to: (i) ARTC’s Passenger Priority obligations under clause 3.8 of this agreement; (ii) emergencies or genuine and material safety considerations; (iii) matters outside of the reasonable control of ARTC (except for matters which arise due to ARTC’s negligence or breach of its obligations under this agreement); (iv) material failure of an Operator’s Service; (v) the Network Management Principles; (vi) without limiting any other clause of this agreement, any lawful order, direction or requirement given to ARTC by a Governmental Authority relating to the Network; and (vii) Third Party Works, (“Availability Exceptions”), provided that the Availability Exceptions apply only to the extent that the occurrence of the Availability Exception prevents ARTC (acting reasonably) from making that particular Train Path or Path Usage available to the Access Holder. (b) The Access Holder agrees at all times during the Term not to access or attempt to access the Network in any way other than is authorised by this agreement, or as authorised under a separate valid and binding access holder agreement.

Availability Exceptions. (a) The availability of a Train Path or a Path Usages is subject to: (i) ARTC’s Passenger Priority obligations under clause 3.8 3.73.8 of this agreement; (ii) emergencies or genuine and material safety considerations; (iii) matters outside of the reasonable control of ARTC (except for matters which arise due to ARTC’s negligence or breach of its obligations under this agreement); (iv) material failure of an Operator’s Service; (v) the Network Management Principles; (vi) without limiting any other clause of this agreement, any lawful order, direction or requirement given to ARTC by a Governmental Authority relating to the Network; and (vii) Third Party Works, (“Availability Exceptions”), provided that the Availability Exceptions apply only to the extent that the occurrence of the Availability Exception prevents ARTC (acting reasonably) from making that particular Train Path or Path Usage available to the Access Holder. (b) The Access Holder Xxxxxx agrees at all times during the Term not to access or attempt to access the Network in any way other than is authorised by this agreement, or as authorised under a separate valid and binding access holder agreement.