Common use of Nature and Scope of Access Rights Clause in Contracts

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 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(eParagraphs 2.1(c) of, and the definition 2.1(h) of “Access” in, QR NetworkQR'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.