Nature and Scope of Access Rights. (a) The Access Rights granted under clause 4.1 are non-exclusive contractual rights and do not give the Access Holder any right, title or interest of any proprietary nature in the Nominated Network.
(b) Aurizon Network must provide the Access Holder with certain benefits, rights and services in accordance with the Access Undertaking and, to the extent relevant to the Access Holder’s Access Rights, it is intended that the terms on which these requirements are provided are detailed in this Agreement.
Nature and Scope of Access Rights. (a) The Access Rights granted under Clause 2.1 are non-exclusive contractual rights and do not give the End User any right, title or interest of any proprietary nature in the Nominated Network.
(b) The Parties acknowledge and agree Aurizon Network is required to provide the End User and each Operator (as relevant) with certain benefits, rights and services in accordance with Clause 2.4(e) of, and the definition of “Access” in, Aurizon Network's Access Undertaking, and to the extent that these requirements are relevant to the End User's Access Rights or an Operator’s utilisation of those Access Rights it is intended the terms on which they are provided are detailed in this Agreement or the Train Operations Agreement as applicable.
Nature and Scope of Access Rights. (a) The Access Rights granted under Clause 1 are non-exclusive contractual rights and do not give the Access Holder any right, title or interest of any proprietary nature in the Nominated Network.
(b) The Access Holder must not:
(i) operate on or use, or permit the Operator to operate on or use, any part of the Infrastructure that is not specifically included in the Nominated Network; or
(ii) use, or permit the Operator to use, the Nominated Network for carrying out any provisioning, inspection, testing, maintenance of Rollingstock, any marshalling, shunting or other relocation of Rollingstock or storage of Rollingstock or for any other purpose other than the operation of Train Services unless specifically directed by QR Network to do so in accordance with the provisions of this Agreement or as specified in this Agreement.
(c) The Parties acknowledge and agree QR Network is required to provide the Access Holder with certain benefits, rights and services in accordance with Clause 2.3(e) of, and the definition of “Access” in, QR Network's Access Undertaking, and to the extent that these requirements are relevant to the Access Holder's Access Rights it is intended the terms on which they are provided are detailed in this Agreement.
Nature and Scope of Access Rights. (a) The Access Rights granted under Clause 1 are non-exclusive contractual rights and do not give the Operator any right, title or interest of any proprietary nature in the Nominated Network.
(b) The Operator must not:
(i) operate on or use any part of the Infrastructure that is not specifically included in the Nominated Network; or
(ii) use the Nominated Network for carrying out any provisioning, inspection, testing, maintenance of Rollingstock, any marshalling, shunting or other relocation of Rollingstock or storage of Rollingstock or for any other purpose other than the operation of Train Services unless specifically directed by QR Network to do so in accordance with the provisions of this Agreement or as specified in this Agreement.
(c) The Parties acknowledge and agree QR Network is required to provide the Operator with certain benefits, rights and services in accordance with Clause 2.4(e) of, and the definition of “Access” in, QR Network’s Access Undertaking, and to the extent that these requirements are relevant to the Operator's Access Rights it is intended the terms on which they are provided are detailed in this Agreement.
Nature and Scope of Access Rights. (a) The Access Rights granted under Clause 1 are non-exclusive contractual rights and do not give the Access Holder any right, title or interest of any proprietary nature in the Nominated Network.
(b) The Access Holder must not:
(i) operate on or use, or permit the Operator to operate on or use, any part of the Infrastructure that is not specifically included in the Nominated Network; or
(ii) use, or permit the Operator to use, the Nominated Network for carrying out any provisioning, inspection, testing, maintenance of Rollingstock, any marshalling, shunting or other relocation of Rollingstock or storage of Rollingstock or for any other purpose other than the operation of Train Services unless specifically directed by QR to do so in accordance with the provisions of this Agreement or as specified in this Agreement.
Nature and Scope of Access Rights. (a) The Access Rights granted under clause 3.1 are non-exclusive contractual rights and do not give the Operator any right, title or interest of any proprietary nature in the Nominated Network.
(b) The Operator must not:
(i) operate on, or use any part of, the Infrastructure that is not specifically included in the Nominated Network; or
(ii) use the Nominated Network for:
(A) carrying out any provisioning, inspection, testing or maintenance of Rollingstock;
(B) any marshalling, shunting or other relocation of Rollingstock;
(C) storage of Rollingstock; or
(D) any purpose other than the operation of Train Services, unless otherwise expressly:
Nature and Scope of Access Rights. (a) The Access Rights granted under Clause 1 are non-exclusive contractual rights and do not give the Operator any right, title or interest of any proprietary nature in the Nominated Network.
(b) The Operator must not:
(i) operate on or use any part of the Infrastructure that is not specifically included in the Nominated Network; or
(ii) use the Nominated Network for carrying out any provisioning, inspection, testing, maintenance of Rollingstock, any marshalling, shunting or other relocation of Rollingstock or storage of Rollingstock or for any other purpose other than the operation of Train Services unless specifically directed by QR Network to do so in accordance with the provisions of this Agreement or as specified in this Agreement.
Nature and Scope of Access Rights. (a) The Access Rights granted under clause 3.1 are non-exclusive contractual rights and do not give the Operator any right, title or interest of any proprietary nature in the Nominated Network.
(b) The Operator must not:
(i) operate on, or use any part of, the Infrastructure that is not specifically included in the Nominated Network; or
(ii) use the Nominated Network for:
(A) carrying out any provisioning, inspection, testing or maintenance of Rollingstock;
(B) any marshalling, shunting or other relocation of Rollingstock;
(C) storage of Rollingstock; or
(D) any purpose other than the operation of Train Services, unless otherwise expressly:
(iii) permitted or required to do so under this Agreement;
(iv) directed to do so by Aurizon Network in accordance with this Agreement; or
(v) expressly permitted under another agreement with Aurizon Network.
(c) The Parties acknowledge and agree that Aurizon Network is required to provide the Operator with certain benefits, rights and services in accordance with clause [3.4(b)] of, and the definition of “Access” in, the Access Undertaking and, to the extent that these requirements are relevant to the Operator’s Access Rights, it is intended that the terms on which they are provided are detailed in this Agreement.
Nature and Scope of Access Rights. (a) The Access Rights granted under Clause 2.1 are non-exclusive contractual rights and do not give the End User any right, title or interest of any proprietary nature in the Nominated Network.
(b) The Parties acknowledge and agree Queensland Rail is required to provide the End User and each Operator (as relevant) with certain benefits, rights and services in accordance with Clause 2.4(e) of, and the definition of “Access” in, Queensland Rail’s Access Undertaking, and to the extent that these requirements are relevant to the End User's Access Rights or an Operator’s utilisation of those Access Rights it is intended the terms on which they are provided are detailed in this Agreement or the Train Operations Agreement as applicable.
Nature and Scope of Access Rights. The Access Rights granted under clause 3.1 are non-exclusive contractual rights and do not give the End User any right, title or interest of any proprietary nature in the Nominated Network.
