Common use of Depot Access Conditions Clause in Contracts

Depot Access Conditions. 4.1 The Depot Access Conditions are incorporated in and shall form part of this Agreement. Except where the Office of Rail and Road shall have directed otherwise in the exercise of its powers under the Act, the Depot Facility Owner shall ensure that all operators of trains having permission to use the Depot agree to comply with the Depot Access Conditions. To enable the Depot Facility Owner to comply with its obligations in Clause 4.2.1, and in so far as the Train Operator, as an Associate of the Beneficiary, is a User of the Depot within the meaning of the Depot Access Conditions: the Beneficiary shall ensure that the Train Operator performs and complies with the Depot Access Conditions; and for the purposes of this Agreement, any acts or omissions of the Train Operator arising in connection with this Agreement shall be considered to be acts and omissions of the Beneficiary. 4.3 During the term of this Agreement, each of the parties shall duly and punctually perform, observe and comply with its obligations set out in the Depot Access Conditions as incorporated in this Agreement pursuant to Clause 4.1.

Appears in 3 contracts

Samples: Depot Access Agreement, Depot Access Agreement, Depot Access Agreement

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Depot Access Conditions. 4.1 The Depot Access Conditions are incorporated in and shall form part of this Agreement. . 4.2.1 Except where the Office of Rail and Road shall have directed otherwise in the exercise of its powers under the Act, the Depot Facility Owner shall ensure that all operators of trains having permission to use the Depot agree to comply with the Depot Access Conditions. . 4.2.2 To enable the Depot Facility Owner to comply with its obligations in Clause 4.2.1, and in so far as the Train Operator, as an Associate of the Beneficiary, is a User of the Depot within the meaning of the Depot Access Conditions: : (a) the Beneficiary shall ensure that the Train Operator performs and complies with the Depot Access Conditions; and and (b) for the purposes of this Agreement, any acts or omissions of the Train Operator arising in connection with this Agreement shall be considered to be acts and omissions of the Beneficiary. 4.3 During the term of this Agreement, each of the parties shall duly and punctually perform, observe and comply with its obligations set out in the Depot Access Conditions as incorporated in this Agreement pursuant to Clause 4.1.

Appears in 1 contract

Samples: Depot Access Agreement

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