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.
Appears in 3 contracts
Samples: Train Operations Agreement, Train Operations Agreement, Train Operations Agreement
Nature and Scope of Operational Rights. (a) The Operational Rights granted under clause 3.1 4.13.1 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 notnotonly:
(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 AgreementAgreementthis Deed ;
(iv) directed to do so by Aurizon Network in accordance with this Agreement; or
(v) expressly permitted under another agreement with Aurizon Network.Agreementthis
Appears in 1 contract
Samples: Train Operations Agreement
