Nature and Scope of Operational Rights Sample Clauses

Nature and Scope of Operational Rights. (a) The Operational 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 Aurizon Network to do so in accordance with the provisions of this Agreement or as specified in this Agreement. (c) The Parties acknowledge and agree Aurizon 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, Aurizon Network’s Access Undertaking, and to the extent that these requirements are relevant to the Operator's Operational Rights it is intended the terms on which they are provided are detailed in this Agreement.
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Nature and Scope of Operational Rights. (a) The Operational 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.
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Nature and Scope of Operational Rights. The right to operate granted under clause 3.1 is a non-exclusive contractual right and does not give the Operator any right, title or interest of any proprietary nature in the Network. The Operator must: 1 Wording dependent on whether this agreement is an initial Agreement or a Subsequent Agreement. only operate on, or use any part of, the Network that is specifically included in this agreement; and not use the Network for: carrying out any provisioning, inspection, testing or maintenance of Rolling Stock; any marshalling, shunting or other relocation of Rolling Stock; storage of Rolling Stock; or any purpose other than the operation of Train Services, unless otherwise expressly: permitted or required to do so under this agreement; directed to do so by Queensland Rail in accordance with this agreement; or expressly permitted under another agreement with Queensland Rail.
Sample 1
Nature and Scope of Operational Rights. (a) The Operational 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) (i) operate on or use any part of the Infrastructure that is not specifically included in the Nominated Network; or (ii) (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 QRAurizon Network to do so in accordance with the provisions of this Agreement or as specified in this Agreement.
Sample 1
Nature and Scope of Operational Rights. (a) The right to operate granted under clause 3.1 is non-exclusive contractual right and does not give the Operator any right, title or interest of any proprietary nature in the Network. (b) The Operator must: (i) only operate on, or use any part of, the Network that is specifically included in this Agreement; and (ii) not use the 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
Sample 1
Nature and Scope of Operational Rights. The right to operate granted under clause 3.11.1 is a non-exclusive contractual right and does not give the Operator any right, title or interest of any proprietary nature in the Network. The Operator must: only operate on, or use any part of, the Network that is specifically included in this agreement; and not use the Network for: carrying out any provisioning, inspection, testing or maintenance of Rolling Stock; any marshalling, shunting or other relocation of Rolling Stock; storage of Rolling Stock; or any purpose other than the operation of Train Services, unless otherwise expressly: permitted or required to do so under this agreement; directed to do so by Queensland Rail in accordance with this agreement; or expressly permitted under another agreement with Queensland Rail.
Sample 1
Nature and Scope of Operational Rights. (a) The Operational 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 Network 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 Queensland Rail to do so in accordance with the provisions of this Agreement or as specified in this Agreement. Deleted: Clause 2.4(e) of, and the definition of “Access” in, Aurizon Network (c) The Parties acknowledge and agree Queensland Rail is required to provide the Operator with certain benefits, rights and services in accordance with Queensland Rail’s Access Undertaking, and to the extent that these requirements are relevant to the Operator's Operational Rights it is intended the terms on which they are provided are detailed in this Agreement.
Sample 1
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Nature and Scope of Operational Rights. (a) The right to operate granted under clause 3.1 is a non-exclusive contractual right and does not give the Operator any right, title or interest of any proprietary nature in the Network. (b) The Operator must: (i) only operate on, or use any part of, the Network that is specifically included in this agreement; and (ii) not use the Network for: (A) carrying out any provisioning, inspection, testing or maintenance of Rolling Stock; (B) any marshalling, shunting or other relocation of Rolling Stock; (C) storage of Rolling Stock; 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 Queensland Rail in accordance with this agreement; or (v) expressly permitted under another agreement with Queensland Rail. 4 3Relationship with Operator ’s Customer 4.1 Changes to Operator nominations 3.1Application (a) This clause 3 only applies where the Operator’s Customer is a Party. (b) If this clause 3 applies but is inconsistent with any other provision of this agreement, then this clause 3 prevails over that other provision to the extent of the inconsistency.
Sample 1

Related to Nature and Scope of Operational Rights

  • Conduct of Operations The Board of Directors and the General Partner shall use commercially reasonable efforts to conduct the business of the Partnership and its Affiliates in a manner that does not require a holder of Common Units to file a tax return in any jurisdiction with which the holder has no contact other than through ownership of Common Units.

  • Continuity of Operations Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) pay any dividends on Borrower's stock (other than dividends payable in its stock), provided, however that notwithstanding the foregoing, but only so long as no Event of Default has occurred and is continuing or would result from the payment of dividends, if Borrower is a "Subchapter S Corporation" (as defined in the Internal Revenue Code of 1986, as amended), Borrower may pay cash dividends on its stock to its shareholders from time to time in amounts necessary to enable the shareholders to pay income taxes and make estimated income tax payments to satisfy their liabilities under federal and state law which arise solely from their status as Shareholders of a Subchapter S Corporation because of their ownership of shares of Borrower's stock, or purchase or retire any of Borrower's outstanding shares or alter or amend Borrower's capital structure.

  • Statement of Operations Statement of Changes in Net Assets.

  • TRANSFER OF OPERATIONS Purchaser shall be entitled to immediate possession of, and to exercise all rights arising under, the Assets from and after the time that the Restaurants open for business on the Closing Date, and operation of the Restaurants shall transfer at such time (the "Effective Time"). Except as expressly provided in this Agreement, all profits, losses, liabilities, claims, or injuries arising before the Effective Time shall be solely to the benefit or the risk of Seller. All such occurrences after the Effective Time shall be solely to the benefit or the risk of Purchaser. The risk of loss or damage by fire, storm, flood, theft, or other casualty or cause shall be in all respects upon Seller prior to the Effective Time and upon the Purchaser thereafter.

  • CONTINUITY OF OPERATION Section 1: No Strikes, Work Stoppages or Lockouts

  • Cessation of Operations Any cessation of operations by Borrower or Borrower admits it is otherwise generally unable to pay its debts as such debts become due, provided, however, that any disclosure of the Borrower’s ability to continue as a “going concern” shall not be an admission that the Borrower cannot pay its debts as they become due.

  • Commencement of Operations The Partnership shall not begin operations on its Leases unless the Managing General Partner is satisfied that necessary title requirements have been satisfied.

  • List of Operator’s Subprocessors [Box 26] [Box 27] [Box 28] [Box 29]

  • SUSPENSION OF OPERATIONS Concessionaire shall, at the direction of Department, immediately suspend, delay or interrupt Concessionaire’s operation of all or any part of the Concession Premises for such period of time as Department may determine to be appropriate to protect the Concession Premises and/or public health, safety, and welfare due to the occurrence of hazardous work conditions, emergency conditions, and/or any other cause including, but not limited to, Concessionaire's failure to perform any of the covenants, agreements, and conditions contained in this Agreement on its part to be performed. Concessionaire hereby waives any claim, and Department shall not be liable to any party claiming through Concessionaire, for damages, payment abatement, or compensation as a result of Department's actions under this Paragraph or this Agreement. Department's suspension of Concessionaire's operations shall be in addition to any other right or remedy available by law or in equity.

  • Change of Operations Uniforms To: Members of Local Union 295 Dear Brothers and Sisters: As you know, we have a tentative agreement for the UPS Cartage Services, Inc. Supplemental Agreement. Article 2 of the re-negoti- ated CSI Supplement outlines the National Master UPS Agreement (NMA) Articles that may be applied to your Addendum. You will note that several NMA articles are not applicable. These are sub- jects that are either addressed in the CSI Supplement or are not op- erationally applicable to CSI. Where there are two provisions covering the same subject, one in the Local Addendum and one in the National Master UPS Agree- ment, the following provisions of the National Master UPS Agree- ment shall apply:

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