Exercise of Access Rights and Operator nomination Sample Clauses

Exercise of Access Rights and Operator nomination. ‌ (a) The Parties acknowledge and agree that: (i) the grant of the Access Rights to the Access Holder does not entitle the Access Holder to itself operate Train Services on the Nominated Network (unless it is also an Accredited Railway Operator and is nominated as an Operator in accordance with this Agreement); (ii) the Access Holder can only utilise the Access Rights by nominating an Operator from time to time, in accordance with this Agreement; and (iii) the Access Holder may nominate more than one Operator. (b) Subject to clause 4.6(a), the Access Holder may, from time to time, provided that it is not in material breach of any of its obligations under this Agreement, nominate an Operator to utilise all or part of the Access Rights upon giving at least 20 Business Days prior written notice to Aurizon Network. The notice must:‌ (i) specify: (A) the name, ABN, address and contact details of the Operator; (B) the Access Rights which the Access Holder wishes to allocate to the Operator for the Operator to use in providing Train Services for the Access Holder; (C) the first day and the last day of the period for which the Access Rights are to be allocated to the Operator; and (ii) be accompanied by either: (A) two copies of a Train Operations Deed, executed by the Operator, which:‌ (1) reflects, in schedule 2 of that Train Operations Deed, the Access Rights which the Access Holder wishes to allocate to the Operator; and (2) satisfies the Compliant Nomination Requirements; or (B) a statement and evidence identifying the Operator’s existing Train Operations Deed in respect of utilisation of the Access Rights under this Agreement and evidence that:‌ (1) the Operator agrees to the relevant nomination; and (2) the Compliant Nomination Requirements are satisfied. (c) Access Rights allocated by the Access Holder to be used by any one or more Operators may not exceed, in aggregate, the Access Holder’s Access Rights under this Agreement. (d) Despite any other provision in this Agreement and without limiting any of Aurizon Network’s obligations under clauses 4.3(e) and 4.5(b), Aurizon Network must accept, or act on: (i) any nomination of an Operator by the Access Holder under clause 4.3(b); or (ii) any variation which increases the allocation of Access Rights (including an increase to the period for which the Access Rights are to be allocated) to an Operator under clause 4.5,‌ except where Aurizon Network (acting reasonably) determines either: (iii) in respect of a nom...
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Exercise of Access Rights and Operator nomination. The Parties acknowledge and agree that: the grant of the Access Rights does not entitle the Access Holder to operate Train Services itself on the Network (unless it is also an Accredited Rolling Stock Operator and is nominated to operate all or some of the Train Services in accordance with this agreement); the Access Holder can only utilise the Access Rights by nominating an Accredited Rolling Stock Operator from time to time in accordance with this agreement; and the Access Holder may nominate more than one Accredited Rolling Stock Operator. Operational Rights
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Exercise of Access Rights and Operator nomination. (a) The Parties acknowledge and agree that: (i) the grant of the Access Rights to the End User in accordance with this Agreement does not entitle the End User to itself operate Train Services on the Nominated Network (unless it is also an Operator which it is entitled to nominate, and has been nominated, to use the Access Rights in accordance with this clause 3.3); and (ii) the End User can only utilise the Access Rights by nominating an Operator from time to time, in accordance with clause 3.3(b), or 3.4, to use Access Rights, allocated to that Operator by the End User, under the terms of a Train Operations Agreement; and
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Exercise of Access Rights and Operator nomination. (a) The Parties acknowledge and agree that: (i) the grant of the Access Rights does not entitle the Access Holder to operate Train Services itself on the Network (unless it is also an Accredited Railway Operator and is nominated as an Operator in accordance with this agreement); (ii) The Access Holder can only utilise the Access Rights by nominating an Operator (or Operators) from time to time in accordance with this agreement; (iii) The Access Holder may nominate more than one Operator. (b) Subject to clause 2.2(d), the Access Holder may, from time to time, provided that it is not in material breach of any of its obligations under this agreement, nominate an Operator to utilise all or part of the Access Rights upon giving at least 20 Business Days prior written notice to Queensland Rail. The notice must: (i) specify: (A) the name, ABN, address and contact details of the Operator; (B) the Access Rights which the Access Holder wishes to allocate to the Operator for the Operator to use in providing Train Services for the Access Holder;
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Exercise of Access Rights and Operator nomination. (a) The Parties acknowledge and agree that:
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Exercise of Access Rights and Operator nomination. (a) The Parties acknowledge and agree that: (i) the grant of the Access Rights to the End UserAccess Holder in accordance with this Agreement does not entitle the End UserAccess Holder to itself operate Train Services on the Nominated Network (unless it is also an Operator which it is entitled to nominate, and has been nominated, to use the Access Rights in accordance with this clause 4.3 Accredited Railway Operator and is nominated as an Operator in accordance with this Agreement); and (ii) the End UserAccess Holder can only utilise the Access Rights by nominating an Operator from time to time, in accordance with this Agreement clause 4.3(b) or 4.4; and
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Related to Exercise of Access Rights and Operator nomination

  • Application and Operation of Agreement Table Of Contents

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