Operator Restriction of Use Sample Clauses

Operator Restriction of Use. Network Rail shall not be obliged to make any payments to the Train Operator for any one or more Restrictions of Use to the extent: (a) required as a result of any damage to the Network or Environmental Damage which in each case: (i) arises wholly or mainly from the operations of the Train Operator or its failure to comply with its obligations under this contract; and (ii) Network Rail demonstrates is in excess of fair wear and tear arising from use of the Network by the Train Operator; (b) requested by the Train Operator (other than for the purposes of inspection, maintenance, renewal or repair of the Network); or (c) required in connection with a Network Change proposed by the Train Operator under Condition G3 of the Network Code.
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Operator Restriction of Use. RfL(I) shall not be obliged to make any payments to the Train Operator for any one or more Restrictions of Use to the extent: (a) required as a result of any damage to RfL(I) or Environmental Damage which in each case: (i) arises wholly or mainly from the operations of the Train Operator or its failure to comply with its obligations under this Contract; and (ii) RfL(I) demonstrates, is in excess of fair wear and tear arising from use of the CCOS by the Train Operator; or (b) requested by the Train Operator (other than for the purposes of inspection, maintenance, renewal or repair of the CCOS); or (c) required in connection with a Network Change proposed by the Train Operator under Condition G3; or (d) that the Restriction of Use is within the Possessions Allowance.
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Operator Restriction of Use. The CVL IM shall not be obliged to make any payments to the Train Operator for any one or more Restrictions of Use to the extent: (a) required as a result of any damage to the CVL or Environmental Damage which in each case: (i) arises wholly or mainly from the operations of the Train Operator or its failure to comply with its obligations under this contract; and (ii) the CVL IM demonstrates is in excess of fair wear and tear arising from use of the CVL by the Train Operator; (b) requested by the Train Operator (other than for the purposes of inspection, maintenance, renewal or repair of the CVL); or (c) required in connection with a CVL Network Change proposed by the Train Operator under Condition G3 of the CVL Network Code; or (d) that the Restriction of Use is within the Possessions Allowance.
Sample 1Sample 2Sample 3See All (5)
Operator Restriction of Use. Network Rail shall not be obliged to make any payments to the Train Operator for any one or more Restrictions of Use to the extent:
Sample 1Sample 2Sample 3See All (4)
Operator Restriction of Use. The CVL IM shall not be obliged to make any payments to the Train Operator for any one or more Restrictions of Use to the extent: required as a result of any damage to the CVL or Environmental Damage which in each case: arises wholly or mainly from the operations of the Train Operator or its failure to comply with its obligations under this contract; and the CVL IM demonstrates is in excess of fair wear and tear arising from use of the CVL by the Train Operator; requested by the Train Operator (other than for the purposes of inspection, maintenance, renewal or repair of the CVL); or required in connection with a CVL Network Change proposed by the Train Operator under Condition G3 of the CVL Network Code; or that the Restriction of Use is within the Possessions Allowance.
Sample 1Sample 2
Operator Restriction of Use. The CVL IM shall not be obliged to make any payments to the Train Operator for any one or more Restrictions of Use to the extent: (a) required as a result of any damage to the CVL or Environmental Damage which in each case:
Sample 1
Operator Restriction of Use. Network Rail shall not be obliged to make any payments to the Train Operator for any one or more Restrictions of Use to the extent: (a) ­ required as a result of any damage to the Network or Environmental Damage which in each case: (i) ­ arises wholly or mainly from the operations of the Train Operator or its failure to comply with its obligations under this contract; and (ii) ­ Network Rail demonstrates is in excess of fair wear and tear arising from use of the Network by the Train Operator; (b) ­ requested by the Train Operator (other than for the purposes of inspection, maintenance, renewal or repair of the Network); (c) ­ required in connection with a Network Change proposed by the Train Operator under Condition G3; or (d) ­ the Restrictions of Use are related to the EG3 Project.
Sample 1
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Operator Restriction of Use. Network Rail shall not be obliged to make any payments to the Train Operator for any one or more Restrictions of Use to the extent: required as a result of any damage to the Network or Environmental Damage which in each case: arises wholly or mainly from the operations of the Train Operator or its failure to comply with its obligations under this contract; and Network Rail demonstrates is in excess of fair wear and tear arising from use of the Network by the Train Operator; requested by the Train Operator (other than for the purposes of inspection, maintenance, renewal or repair of the Network); or required in connection with a Network Change proposed by the Train Operator under Condition G3 of the Network Code.
Sample 1
Operator Restriction of Use. ‌ HS1 Ltd shall not be obliged to make any payments to the Train Operator for any one or more Restrictions of Use to the extent: (a) required as a result of any damage to HS1 or Environmental Damage which in each case: (i) arises wholly or mainly from the operations of the Train Operator or its failure to comply with its obligations under the Contract; and (ii) HS1 Ltd demonstrates, is in excess of fair wear and tear arising from use of HS1 by the Train Operator; or (b) requested by the Train Operator (other than for the purposes of inspection, maintenance, renewal or repair of HS1); (c) required in connection with a Network Change proposed by the Train Operator under Condition G3; or (d) that the Restriction of Use is within the Possessions Allowance.
Sample 1

Related to Operator Restriction of Use

  • Use Restrictions (a) Company will not do or attempt to do, and Company will not permit any other person or entity to do or attempt to do, any of the following, directly or indirectly: (i) use any Proprietary Item for any purpose, at any location or in any manner not specifically authorized by this Agreement; (ii) make or retain any copy of any Proprietary Item except as specifically authorized by this Agreement; (iii) create, recreate or obtain the source code for any Proprietary Item; (iv) refer to or otherwise use any Proprietary Item as part of any effort to develop other software, programs, applications, interfaces or functionalities or to compete with BNYM or a Third Party Provider; (v) modify, adapt, translate or create derivative works based upon any Proprietary Item, or combine or merge any Proprietary Item or part thereof with or into any other product or service not provided for in this Agreement and not authorized in writing by BNYM; (vi) remove, erase or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in any Proprietary Item, or fail to preserve all copyright and other proprietary notices in any copy of any Proprietary Item made by Company; (vii) sell, transfer, assign or otherwise convey in any manner any ownership interest or Intellectual Property Right of BNYM, or market, license, sublicense, distribute or otherwise grant, or subcontract or delegate to any other person, including outsourcers, vendors, consultants, joint venturers and partners, any right to access or use any Proprietary Item, whether on Company’s behalf or otherwise; (viii) subcontract for or delegate the performance of any act or function involved in accessing or using any Proprietary Item, whether on Company’s behalf or otherwise; (ix) reverse engineer, re-engineer, decrypt, disassemble, decompile, decipher, reconstruct, re-orient or modify the circuit design, algorithms, logic, source code, object code or program code or any other properties, attributes, features or constituent parts of any Proprietary Item; (x) take any action that would challenge, contest, impair or otherwise adversely effect an ownership interest or Intellectual Property Right of BNYM; (xi) use any Proprietary Item to provide remote processing, network processing, network communications, a service bureau or time sharing operation, or services similar to any of the foregoing to any person or entity, whether on a fee basis or otherwise; (xii) allow Harmful Code into any Proprietary Item, as applicable, or into any interface or other software or program provided by it to BNYM, through Company’s systems or personnel or Company’s use of the Licensed Services or Company’s activities in connection with this Agreement. (b) Company shall, promptly after becoming aware of such, notify BNYM of any facts, circumstances or events regarding its or a Permitted User’s use of the Licensed System that are reasonably likely to constitute or result in a breach of this Section 2.12, and take all reasonable steps requested by BNYM to prevent, control, remediate or remedy any such facts, circumstances or events or any future occurrence of such facts, circumstances or events.

  • Transfer Restrictions If, at the time of the surrender of this Warrant in connection with any transfer of this Warrant, the transfer of this Warrant shall not be either (i) registered pursuant to an effective registration statement under the Securities Act and under applicable state securities or blue sky laws or (ii) eligible for resale without volume or manner-of-sale restrictions or current public information requirements pursuant to Rule 144, the Company may require, as a condition of allowing such transfer, that the Holder or transferee of this Warrant, as the case may be, comply with the provisions of Section 5.7 of the Purchase Agreement.

  • License Restrictions Licensor reserves all rights not expressly granted to You. The Software is licensed for Your internal use only. Except as this Agreement expressly allows, You may not (1) copy (except for back-up purposes), modify, alter, create derivative works, reverse engineer, decompile, or disassemble the Software except and only to the extent expressly permitted by applicable law; (2) transfer, assign, pledge, rent, timeshare, host or lease the Software, or sublicense any of Your license grants or rights under this Agreement; in whole or in part, without prior written permission of Licensor; (3) remove any patent, trademark, copyright, trade secret or other proprietary notices or labels on the Software or its documentation; or (4) disclose the results of any performance, functional or other evaluation or benchmarking of the Software to any third party without the prior written permission of Licensor. Hosting Restrictions. In the event that You desire to have a third party manage, host (either remotely or virtually) or use the Software on Your behalf, You shall (1) first enter into a valid and binding agreement with such third party that contains terms and conditions to protect Licensor’s rights in the Software that are no less prohibitive and/or restrictive than those contained in this Agreement, including, without limitation, the Verification section below; (2) prohibit use by such third party except for the sole benefit of You; and (3) be solely responsible to Licensor for any and all breaches of the above terms and conditions by such third party.

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