No valid Operator nomination Clause Samples
The 'No valid Operator nomination' clause defines the procedures and consequences when a party fails to nominate a qualified operator as required under the agreement. Typically, this clause outlines the steps to be taken if a nomination is not made within a specified timeframe, such as allowing the other party to appoint an operator or triggering default provisions. Its core function is to ensure continuity and clarity in operations by providing a clear process for operator designation, thereby preventing delays or disputes that could arise from indecision or inaction.
No valid Operator nomination. (a) The Access Holder agrees that ARTC has no obligation to make a Train Path or Path Usage available for use where:
(i) the Access Holder has failed to nominate an Accredited Operator for that Train Path or Path Usage;
(ii) the nominated Operator is not, or is no longer, an Accredited Operator, or its Operator Sub-Agreement is conditional or has been suspended, terminated or expired; or
(iii) the Operator seeking to use a Path Usage is not the Operator notified under the Daily Train Plan for that Train Path or Path Usage unless ARTC has given its consent to the change (not to be unreasonably withheld), and the occurrence of any of these events does not relieve the Access Holder’s obligation to pay the TOP Charges.
(b) The Access Holder must promptly nominate a new Operator for the affected Train Paths or Path Usages if a nominated Operator’s Operator Sub-Agreement is terminated or expires and there are no other Operators nominated for those Train Paths.
No valid Operator nomination. (a) The Access Holder agrees that ARTC has no obligation to make a Train Path or Path Usage available for use where:
(i) the Access Holder has failed to nominate an Accredited Operator for that Train Path or Path Usage;