Common use of Relationship with Operator Clause in Contracts

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 Access Holder; or (ii) the Access Holder makes any change in the allocation of Train Services between Operators QR and the Access Holder shall negotiate and agree any amendments to this Agreement (including the Schedules) that may be necessary to reflect the relevant appointment, removal or change in allocation. (g) For the avoidance of doubt, nothing in this Clause 14.10 entitles the Access Holder to make any change in Operators, or in the allocation of Train Services between Operators, where this would result in the use of Access Rights in addition to those granted to the Access Holder under this Agreement unless QR has first agreed to amend this Agreement to provide for the grant of additional Access Rights to the Access Holder to facilitate the change.

Relationship with Operator. (a) Nothing 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)an Access Interface Deed which has been duly executed by the Operator, and which is legally binding upon the Operator, under which the Operator agrees that:. (i) 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) the performance, non-performance or breach of this Agreement or any other obligation; (B) the standard of, or any failure of or defect in, the Infrastructure; (C) negligence; (D) breach of warranty or representation; or (E) any other act, omission or circumstance whatsoever; and (ii) 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 (iii) 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 N etwork’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 N etwork’s Staff in respect of that matter. (b) Without limiting clause 7.67.8(a), nothing in this Agreement creates or constitutes any contract between QR Aurizon Network and the Operator. (bc) The Access Holder End User is responsible for all conduct of the Operator under under, or in connection with, this Agreement. Any Agreement and every act or omission of the Operator shall under, or in connection with, this Agreement will be deemed to be an act or omission by the Access Holder End User for the purposes of this Agreement. (cd) In no event shall QR Aurizon Network, its directors and Aurizon Network’s Staff will not be liable to the Operator for any loss or damage suffered or incurred by the Operator except to the extent that QR Aurizon Network, its directors or Aurizon Network’s Staff would have been liable to the Access Holder End User had the loss or damage suffered or incurred by the Operator instead been suffered or incurred by the Access HolderEnd User, and taking into account the exclusions and limitations upon liability contained in this Agreement. . (e) The Access Holder shall indemnify End User indemnifies and shall will keep indemnified QRAurizon Network, its directors and QRAurizon Network’s Staff against any additional liability which Aurizon Network, its directors and Aurizon Network’s Staff have to the OperatorOperator to the extent that clause 7.6(d) contemplates that Aurizon Network, its directors and Aurizon Network’s Staff will not be liable to the Operator for such liability. (df) 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 appointedIf: (i) under this Agreement, the Access Holder End User must provide to QR ensure that the name and contact details (and Operator does not bring a Claim against Aurizon Network, its directors and/or Aurizon Network’s Staff in respect of any other information reasonably required by QR) for each Operator so appointed;matter; and (ii) the Access Holder must notify QR which Train Services are to be operated by each OperatorOperator brings a Claim against Aurizon Network, and must advise QR in advance a director or a m ember 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 Aurizon Network’s Staff in respect of Train Services operated (that matter, then the End User indemnifies and will keep indemnified Aurizon Network, the director or to be operated) by them or, where the context requires, shall be construed to mean any one or more relevant member of the OperatorsAurizon Network’s Staff against such Claim. (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 Access Holder; or (ii) the Access Holder makes any change in the allocation of Train Services between Operators QR and the Access Holder shall negotiate and agree any amendments to this Agreement (including the Schedules) that may be necessary to reflect the relevant appointment, removal or change in allocation. (g) For the avoidance of doubt, nothing in this Clause 14.10 entitles the Access Holder to make any change in Operators, or in the allocation of Train Services between Operators, where this would result in the use of Access Rights in addition to those granted to the Access Holder under this Agreement unless QR has first agreed to amend this Agreement to provide for the grant of additional Access Rights to the Access Holder to facilitate the change.

Relationship with Operator. (a) Nothing in this Agreement creates or constitutes any contract between QR and the Operator.. Deleted: which constitutes a breach of this Agreement, or which would have constituted a breach had it been conduct of the Access Holder, (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 Access Holder; or (ii) the Access Holder makes any change in the allocation of Train Services between Operators QR and the Access Holder shall negotiate and agree any amendments to this th is Agreement (including the Schedules) that may be necessary to reflect the relevant appointment, removal or change in allocation. (g) For the avoidance of doubt, nothing in this Clause 14.10 entitles the Access Holder to make any change in Operators, or in the allocation of Train Services between Operators, where this would result in the use of Access Rights in addition to those granted to the Access Holder under this Agreement unless QR has first agreed to amend this Agreement to provide for the grant of additional Access Rights to the Access Holder to facilitate the change.