Relationship with Operator Sample Clauses

Relationship with Operator. (a) Nothing in this Agreement creates or constitutes any contract between QR and the Operator. (b) The Access Holder is responsible for all conduct of the Operator under this Agreement. Any act or omission of the Operator shall be deemed to be an act or omission by the Access Holder for the purposes of this Agreement. (c) In no event shall QR be liable to the Operator for any loss or damage suffered or incurred by the Operator except to the extent that QR would have been liable to the Access Holder had the loss or damage suffered or incurred by the Operator instead been suffered or incurred by the Access Holder, and taking into account the limitations upon liability contained in this Agreement. The Access Holder shall indemnify and shall keep indemnified QR, its directors and QR’s Staff against any additional liability to the Operator. (d) QR acknowledges and agrees that the Access Holder may engage more than one Operator to operate Train Services contemplated by this Agreement provided that where there is more than one Operator to be so appointed: (i) the Access Holder must provide to QR the name and contact details (and any other information reasonably required by QR) for each Operator so appointed; (ii) the Access Holder must notify QR which Train Services are to be operated by each Operator, and must advise QR in advance of any subsequent change in the allocation of Train Services between Operators; (iii) references in this Agreement to the “Operator” shall be construed to mean each of the Operators in respect of Train Services operated (or to be operated) by them or, where the context requires, shall be construed to mean any one or more of the Operators. (e) QR acknowledges and agrees that the Access Holder may from time to time change the Operator for all or any part of the Train Services contemplated by this Agreement provided that: (i) the Access Holder must provide to QR the name and contact details (and any other information reasonably required by QR) for each new Operator so appointed; (ii) the Access Holder must notify QR which Train Services are to be operated by each new Operator; and (iii) for the avoidance of doubt, references in this Agreement to the “Operator” shall be construed to include the new Operator in respect of the Train Services operated (or to be operated) by it. (f) Where: (i) a new Operator is appointed by the Access Holder in place of, or in addition to, an existing Operator or Operators, or an Operator is removed by the Acc...
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Relationship with Operator. (a) Nothing in this Agreement creates or constitutes any contract between QR Network and the Operator.
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Relationship with Operator. The End User must ensure that the Operator does not operate any Train Services using the Access Rights under this Agreement unless and until the Operator provides to Aurizon Network a written undertaking in favour of Aurizon Network (in the form of a deed poll) which has been duly executed by the Operator, and which is legally binding upon the Operator, under which the Operator agrees that the limitations and exclusions of liability contained in clause 32 are deemed to apply to the Operator as if the Operator were a party to this Agreement. Deleted: Aurizon Network will not be liable to the Operator, and the Operator will not make any Claim against Aurizon Network, under or in connection with this Agreement, the Access Rights or the Infrastructure for or in respect of Consequential Loss whether as a result of: (a) Deleted: <#>the performance, non- performance or breach of this Agreement or any other obligation;¶ <#>the standard of, or any failure of or defect in, the Infrastructure;¶ <#>negligence;¶ <#>breach of warranty or representation; or¶ <#>any other act, omission or circumstance whatsoever; and¶ <#>the liability of Aurizon Network, its directors and Aurizon Network’s Staff to the Operator will be limited as provided in clause 7.6(d); and¶ <#>Aurizon Network, its directors and Aurizon Network’s Staff will not be liable to the Operator, and the Operator releases (and will not bring a Claim against) Aurizon Network, its directors and Aurizon Network’s Staff, in respect of a matter if the End User is required under this Agreement to ensure that the Operator does not bring a Claim against Aurizon Network, its directors and/or Aurizon Network’s Staff in respect of that matter.¶ Deleted: under, or in connection with, this Agreement Deleted: under, or in connection with, this Agreement
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Relationship with Operator. (a) The End User must ensure that the Operator does not operate any Train Services using the Access Rights under this Agreement unless and until the Operator provides to Aurizon Network an Access Interface Deed which has been duly executed by the Operator. (b) Without limiting clause 7.8(a), nothing in this Agreement creates or constitutes any contract between Aurizon Network and the Operator. (c) The End User is responsible for all conduct of the Operator under, or in connection with, this Agreement and every act or omission of the Operator under, or in connection with, this Agreement will be deemed to be an act or omission by the End User for the purposes of this Agreement.
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Related to Relationship with Operator

  • Relationship with Lenders The obligations of each Lender hereunder are several, and no Lender shall be responsible for the obligations or Commitments of any other Lender. Amounts payable hereunder to each Lender shall be a separate and independent debt. It shall not be necessary for Agent or any other Lender to be joined as an additional party in any proceeding for such purposes. Nothing in this Agreement and no action of Agent, Lenders or any other Secured Party pursuant to the Loan Documents or otherwise shall be deemed to constitute Agent and any Secured Party to be a partnership, joint venture or similar arrangement, nor to constitute control of any Obligor.

  • RELATIONSHIP WITH DIRECTORS Directors, officers and employees of the Advisor or an Affiliate of the Advisor may serve as Directors, officers or employees of the Company, except that no director, officer or employee of the Advisor or its Affiliates who also is a Director shall receive any compensation from the Company for serving as a Director other than reasonable reimbursement for travel and related expenses incurred in attending meetings of the Board.

  • Termination of Relationship with the Company If the Participant ceases to be an Eligible Participant for any reason, then, except as provided in paragraphs (d) and (e) below, the right to exercise this option shall terminate three months after such cessation (but in no event after the Final Exercise Date), provided that this option shall be exercisable only to the extent that the Participant was entitled to exercise this option on the date of such cessation. Notwithstanding the foregoing, if the Participant, prior to the Final Exercise Date, violates the non-competition or confidentiality provisions of any employment contract, confidentiality and nondisclosure agreement or other agreement between the Participant and the Company, the right to exercise this option shall terminate immediately upon such violation.

  • Our Relationship With You We are an independent contractor for all purposes, except that we act as your agent with respect to the custody of your funds for the Service. We do not have control of, or liability for, any products or services that are paid for with our Service. We also do not guarantee the identity of any user of the Service (including but not limited to recipients to whom you send payments).

  • Relationship The relationship of the parties to this Agreement is determined solely by the provisions of this Agreement. The parties do not intend to create any agency, partnership, joint venture, trust, fiduciary or other relationship with duties or incidents different from those of parties to an arm’s-length contract.

  • Independent Contractor Relationship Both parties hereto, in the performance of this Contract, shall act in an individual capacity and not as agents, employees, partners, joint ventures or associates of one another. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purposes whatsoever.

  • Commercial Relationship The Employee expressly acknowledges that the Employee’s participation in the Program and the Company’s grant of the Award does not constitute an employment relationship between the Employee and the Company. The Employee has been granted the Award as a consequence of the commercial relationship between the Company and the Company’s Subsidiary in Mexico that employs the Employee, and the Company’s Subsidiary in Mexico is the Employee’s sole employer. Based on the foregoing: (a) the Employee expressly acknowledges that the Program and the benefits derived from participation in the Program do not establish any rights between the Employee and the Subsidiary in Mexico that employs the Employee; (b) the Program and the benefits derived from participation in the Program are not part of the employment conditions and/or benefits provided by the Subsidiary in Mexico that employs the Employee; and (c) any modifications or amendments of the Program or benefits granted thereunder by the Company, or a termination of the Program by the Company, shall not constitute a change or impairment of the terms and conditions of the Employee’s employment with the Subsidiary in Mexico.

  • Subadviser’s Relationship Notwithstanding anything herein to the contrary, Subadviser shall be an independent contractor and will have no authority to act for or represent the Trust, the Fund or Manager in any way or otherwise be deemed an agent of any of them, except to the extent expressly authorized by this Agreement or in writing by the Trust or Manager.

  • Relationship to Plan This Award is subject to all of the terms, conditions and provisions of the Plan and administrative interpretations thereunder, if any, which have been adopted by the Committee thereunder and are in effect on the date hereof. Except as defined or otherwise specifically provided herein, capitalized terms shall have the same meanings ascribed to them under the Plan.

  • No Relationships with Customers and Suppliers No relationship, direct or indirect, exists between or among the Company on the one hand, and the directors, officers, 5% or greater stockholders, customers or suppliers of the Company or any of the Company’s affiliates on the other hand, which is required to be described in the Disclosure Package and the Prospectus or a document incorporated by reference therein and which is not so described.

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