Relinquishment of Access Rights Sample Clauses

Relinquishment of Access Rights. The Access Holder may relinquish some or all of the Access Rights in accordance with the Relinquishment Provisions which form part of this Agreement under clause 3.
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Relinquishment of Access Rights. If the Operator Access Holder intends to relinquish all or part of the Access Rights, the Operator Access Holder must give Queensland Rail reasonable notice of its intention to do so specifying: the Access Rights that the Operator Access Holder intends to relinquish (Nominated Access Rights); if the Operator Access Holder intends that all or part of the Relinquished Access Rights be used so Queensland Rail can grant specific access rights to a specified Access Seeker (as defined in the Access Undertaking) (Transfer), the identity of that Access Seeker (Transferee) – and, for clarity, the Operator Access Holder may itself be that Access Seeker; and subject to clause 21.2(b), the date (Relinquishment Date) on which and the period for which the Nominated Access Rights are to be relinquished. The period from the giving of the notice under clause 21.2(a) until the Relinquishment Date must not exceed six nine months. The relinquishment of any Nominated Access Rights in accordance with this clause 21.2 is subject to and conditional on the Operator Access Holder paying to Queensland Rail the Relinquishment Fee on or before the Relinquishment Date. If the Operator Access Holder pays the Relinquishment Fee to Queensland Rail on or before the Relinquishment Date, then the terms of this agreement will cease to apply in respect of the Nominated Access Rights on the Relinquishment Date. Queensland Rail must facilitate a Transfer in respect of a Transferee if: the relevant access rights to be granted to the Transferee are included in a new or varied access agreement with the Transferee on terms satisfactory to Queensland Rail (acting reasonably); Queensland Rail is satisfied (acting reasonably) that the new or varied access agreement with the Transferee has been developed in accordance with the requirements of the Access Undertaking; the Operator Access Holder has complied with clauses clause 21.2(a) and paid the Relinquishment Fee to Queensland Rail on or before the Relinquishment Date; and Queensland Rail has sufficient Available Capacity (as defined in the Access Undertaking) so that it can grant all of the relevant access rights to the Transferee without adversely affecting any other third partyParty. If the Relinquishment Fee is not paid on or prior to the Relinquishment Date, then the Operator Access Holder is taken to have withdrawn the notice given under clause 21.2(a) and Queensland Rail has no further obligations under this clause 21.2 in relation to the releva...
Sample 1
Relinquishment of Access Rights. (a) If the Access Holder intends to relinquish all or part of the Access Rights, the Access Holder must give Queensland Rail reasonable notice of its intention to do so specifying:
Sample 1

Related to Relinquishment of Access Rights

  • Access Rights Upon reasonable notice and supervision by the Granting Party, and subject to any required or necessary regulatory approvals, either the Connecting Transmission Owner or Developer (“Granting Party”) shall furnish to the other of those two Parties (“Access Party”) at no cost any rights of use, licenses, rights of way and easements with respect to lands owned or controlled by the Granting Party, its agents (if allowed under the applicable agency agreement), or any Affiliate, that are necessary to enable the Access Party to obtain ingress and egress at the Point of Interconnection to construct, operate, maintain, repair, test (or witness testing), inspect, replace or remove facilities and equipment to: (i) interconnect the Large Generating Facility with the New York State Transmission System; (ii) operate and maintain the Large Generating Facility, the Attachment Facilities and the New York State Transmission System; and (iii) disconnect or remove the Access Party’s facilities and equipment upon termination of this Agreement. In exercising such licenses, rights of way and easements, the Access Party shall not unreasonably disrupt or interfere with normal operation of the Granting Party’s business and shall adhere to the safety rules and procedures established in advance, as may be changed from time to time, by the Granting Party and provided to the Access Party. The Access Party shall indemnify the Granting Party against all claims of injury or damage from third parties resulting from the exercise of the access rights provided for herein.

  • NO WAIVER, RIGHTS AND REMEDIES No failure on the part of the Administrative Agent or any Secured Party or any assignee of any Secured Party to exercise, and no delay in exercising, any right or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by law.

  • Access Right Buyer grants to Seller a limited, nontransferable, nonexclusive, revocable (at Buyer’s discretion) right to access the Boeing Systems electronically solely during the term of this Contract and solely to the extent authorized in writing by Buyer and necessary for Seller to perform this Contract. Seller shall not access or use the Boeing Systems for any other purpose. This provision does not grant to Seller any ownership interest in, or any express or implied license or right to, any of the Proprietary Information and Materials or to any software or intellectual property rights owned by Buyer or any third party. SELLER EXPRESSLY AGREES THAT BUYER MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO RELIABILITY OF THE BOEING SYSTEMS. Seller shall not remove any restrictive legends or markings in the Proprietary Information and Materials or Boeing Systems. To the fullest extent consistent with applicable law, Xxxxx has the right to monitor, record, retrieve and disclose to others (including, but not limited to, law enforcement officials) all information, including the content of communications, related to any Electronic Access by Seller and Seller Personnel. Without limiting the foregoing, Seller hereby understands and agrees that it has no expectation of privacy in the use of Boeing Information Systems and that such use is at all times and in all circumstances fully subject to the consents, including those to monitoring and disclosure, provided in the Boeing warning banner and applicable written Boeing policy.

  • Right of Access 2.3.1 Upon reasonable notice, the NYISO and/or Connecting Transmission Owner may send a qualified person to the premises of the Interconnection Customer at or immediately before the time the Small Generating Facility first produces energy to inspect the interconnection, and observe the commissioning of the Small Generating Facility (including any required testing), startup, and operation for a period of up to three Business Days after initial start-up of the unit. In addition, the Interconnection Customer shall notify the NYISO and Connecting Transmission Owner at least five Business Days prior to conducting any on-site verification testing of the Small Generating Facility.

  • Restoration of Rights and Remedies If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.

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