Common use of Interaction of rights Clause in Contracts

Interaction of rights. The Parties acknowledge and agree: (a) that to the extent that the Operator’s rights under the Train Operations Agreement or QR Network’s Access Undertaking in relation to the Access Rights allocated to the Operator are inconsistent with the End User’s rights in relation to those Access Rights under this Agreement or QR Network’s Access Undertaking, the End User’s rights and the exercise of those rights prevail to the extent of the inconsistency; and (b) that if there is any doubt as to whether a reference to the “Access Holder” under QR Network’s Access Undertaking is a reference to the End User or the Operator, then the following principles will apply: (i) only one, not both, of the End User and the Operator is the “Access Holder”; (ii) whether the End User or the Operator is the “Access Holder” will be determined based on which of those party’s rights or obligations under this Agreement or the relevant Train Operations Agreement (as applicable) are the most consistent with the relevant rights or obligations under QR Network’s Access Undertaking; and (iii) if the application of Clause 2.5(b)(ii) is not determinative of whether the End User or the Operator is the “Access Holder”, then the Operator is the “Access Holder”.

Interaction of rights. The Parties acknowledge and agree: (a) that to the extent that the Operator’s Operator‟s rights under the Train Operations Agreement or QR Network’s Network‟s Access Undertaking in relation to the Access Rights allocated to the Operator are inconsistent with the End User’s User‟s rights in relation to those Access Rights under this Agreement or QR Network’s Network‟s Access Undertaking, the End User’s User‟s rights and the exercise of those rights prevail to the extent of the inconsistency; and (b) that if there is any doubt as to whether a reference to the “Access Holder” under QR Network’s Network‟s Access Undertaking is a reference to the End User or the Operator, then the following principles will apply: (i) only one, not both, of the End User and the Operator is the “Access Holder”; (ii) whether the End User or the Operator is the “Access Holder” will be determined based on which of those party’s party‟s rights or obligations under this Agreement or the relevant Train Operations Agreement (as applicable) are the most consistent with the relevant rights or obligations under QR Network’s Network‟s Access Undertaking; and (iii) if the application of Clause 2.5(b)(ii) is not determinative of whether the End User or the Operator is the “Access Holder”, then the Operator is the “Access Holder”.