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

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.

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 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 Aurizon 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, Aurizon QR 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.

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, Services unless specifically directed by Aurizon 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 Aurizon 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, Aurizon QR 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.

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, Services unless specifically directed by Aurizon 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 Aurizon 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, Aurizon Network’s QR 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.