Common use of Reduction of Access Rights Clause in Contracts

Reduction of Access Rights. (a) If: (i) during any twelve (12) consecutive weeks during the Term, the Operator fails, for any reason other than due to a Force Majeure Event or the failure of QR to make the Access Rights available, to operate all the Nominated Weekly Train Services for seven (7) or more (not necessarily consecutive) weeks; and (ii) QR is satisfied that it can demonstrate that it has: (A) a reasonable expectation of a sustained alternative demand for that part of the Access Rights that have not been utilised: or (B) a reasonable expectation of a commercial benefit for the provision of and management of the Infrastructure sufficiently material to justify the resumption of that part of the Access Rights that have not been utilised; then QR may, within sixty (60) days of the last day of the relevant twelve

Reduction of Access Rights. (a) If: (i) during any twelve (12) consecutive weeks during the Term, the Operator fails, for any reason other than due to a Force Majeure Event or the failure of QR to make the Access Rights available, to operate all the Nominated Weekly Train Services for seven (7) or more (not necessarily consecutive) weeks; and (ii) QR is satisfied that it can demonstrate that it has: (A) a reasonable expectation of a sustained alternative demand for that part of the Access Rights that have not been utilised: or (B) a reasonable expectation of a commercial benefit for the provision of and management of the Infrastructure sufficiently material to justify the resumption of that part of the Access Rights that have not been utilised; , then QR may, within sixty (60) days of the last day of the relevant twelve