Common use of Relinquishment of Access Rights Clause in Contracts

Relinquishment of Access Rights. 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: the Access Rights that the Access Holder intends to relinquish (Nominated Access Rights); if the 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 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 nine months. The relinquishment of any Nominated Access Rights in accordance with this clause 21.2 is subject to and conditional on the Access Holder paying to Queensland Rail the Relinquishment Fee on or before the Relinquishment Date. If the 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 Access Holder has complied with 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 Party. If the Relinquishment Fee is not paid on or prior to the Relinquishment Date, then the Access Holder is taken to have withdrawn the notice given under clause 21.2(a) and Queensland Rail has no further obligations under this clause 21.2 in relation to the relevant relinquishment. If Queensland Rail or the Access Holder identify an opportunity for Queensland Rail to enter into an access agreement with an existing or prospective Access Holder that would result in a lessening of the Relinquishment Fee that would otherwise be payable to Queensland Rail under clause 21.2, Queensland Rail will not unreasonably delay the process for negotiating and executing an Access Agreement with that existing or prospective Access Holder. Subject to clause 21.4(b), where Access Rights have been resumed, reduced, relinquished or transferred in accordance with this agreement to the extent that there are no longer any Access Rights remaining the subject of this agreement, then Queensland Rail may terminate this agreement by notice to the Access Holder (without prejudice to those provisions which are stated to survive this agreement). Where, but for the operation of Ad Hoc Train Services, the Access Holder has no right to utilise the Network, unless otherwise agreed between the Parties (each acting reasonably), this agreement will continue to operate in relation to those Ad Hoc Train Services. Any termination under clause 21.4 is without prejudice to any rights of any Party which accrued on or before termination. Where Access Rights have been resumed, reduced, relinquished or transferred in accordance with this agreement then for the avoidance of doubt: the Access Holder’s entitlements to have an Operator operate Train Services is also reduced in accordance with that resumption, reduction, relinquishment or transfer of Access Rights; the Access Holder’s Nominated Monthly Train Services for each applicable Train Service Description will be taken to be varied to be reduced in accordance with that resumption, reduction, relinquishment or transfer of Access Rights; and the Access Holder will no longer be obliged to pay Access Charges in respect of the resumed, reduced, relinquished or transferred Access Rights (except for any such Access Charges that accrued prior to the resumption, reduction, relinquishment or transfer payable in respect of the part of the Year prior to the resumption, reduction, relinquishment or transfer).

Relinquishment of Access Rights. 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: the Access Rights that the Access Holder intends to relinquish (Nominated Access Rights); if the 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 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 nine months. The relinquishment of any Nominated Access Rights in accordance with this clause 21.2 is subject to and conditional on the Access Holder paying to Queensland Rail the Relinquishment Fee on or before the Relinquishment Date. If the 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 Aaccess Rrights 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 Access Holder has complied with 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 Party. If the Relinquishment Fee is not paid on or prior to the Relinquishment Date, then the 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 relevant relinquishment. If Queensland Rail or the Access Holder identify an opportunity for Queensland Rail to enter into an access agreement aAccess aAgreement with an existing or prospective Access Holder that would result in a lessening of the Relinquishment Fee that would otherwise be payable to Queensland Rail under clause 21.2, Queensland Rail will not unreasonably delay the process for negotiating and executing an Access Agreement with that existing or prospective Access Holder. Subject to clause 21.4(b), where Access Rights have been resumed, reduced, relinquished or transferred in accordance with this agreement to the extent that there are no longer any Access Rights remaining the subject of this agreement, then Queensland Rail may terminate this agreement by notice to the Access Holder (without prejudice to those provisions which are stated to survive this agreement). Where, but for the operation of Ad Hoc Train Services, the Access Holder has no right to utilise the Network, unless otherwise agreed between the Parties (each acting reasonably), this agreement will continue to operate in relation to those Ad Hoc Train Services. Any termination under clause 21.4 is without prejudice to any rights of any Party which accrued on or before termination. Where Access Rights have been resumed, reduced, relinquished or transferred in accordance with this agreement then for the avoidance of doubt: the Access Holder’s entitlements to have an Operator operate Train Services is also reduced in accordance with that resumption, reduction, relinquishment or transfer of Access Rights; the Access Holder’s Nominated Monthly Train Services for each applicable Train Service Description will be taken to be varied to be reduced in accordance with that resumption, reduction, relinquishment or transfer of Access Rights; and the Access Holder will no longer be obliged to pay Access Charges in respect of the resumed, reduced, relinquished or transferred Access Rights (except for any such Access Charges that accrued prior to the resumption, reduction, relinquishment or transfer payable in respect of the part of the Year prior to the resumption, reduction, relinquishment or transfer).

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: specifying:‌ (i) the Access Rights that the Access Holder intends to relinquish (Nominated Access Rights); Rights);‌ (ii) if the 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 Access Holder may itself be that Access Seeker; and and‌ (iii) 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. relinquished.‌ (b) The period from the giving of the notice under clause 21.2(a) until the Relinquishment Date must not exceed nine months. months.‌ (c) The relinquishment of any Nominated Access Rights in accordance with this clause 21.2 is subject to and conditional on the Access Holder paying to Queensland Rail the Relinquishment Fee on or before the Relinquishment Date. . (d) If the 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. . (e) Queensland Rail must facilitate a Transfer in respect of a Transferee if: : (i) 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); ; (ii) 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; ; (iii) the Access Holder has complied with clause 21.2(a) and paid the Relinquishment Fee to Queensland Rail on or before the Relinquishment Date; and and (iv) 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 Party. . (f) If the Relinquishment Fee is not paid on or prior to the Relinquishment Date, then the 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 relevant relinquishment. If Queensland Rail or the Access Holder identify an opportunity for Queensland Rail to enter into an access agreement with an existing or prospective Access Holder that would result in a lessening of the Relinquishment Fee that would otherwise be payable to Queensland Rail under clause 21.2, Queensland Rail will not unreasonably delay the process for negotiating and executing an Access Agreement with that existing or prospective Access Holder. Subject to clause 21.4(b), where Access Rights have been resumed, reduced, relinquished or transferred in accordance with this agreement to the extent that there are no longer any Access Rights remaining the subject of this agreement, then Queensland Rail may terminate this agreement by notice to the Access Holder (without prejudice to those provisions which are stated to survive this agreement). Where, but for the operation of Ad Hoc Train Services, the Access Holder has no right to utilise the Network, unless otherwise agreed between the Parties (each acting reasonably), this agreement will continue to operate in relation to those Ad Hoc Train Services. Any termination under clause 21.4 is without prejudice to any rights of any Party which accrued on or before termination. Where Access Rights have been resumed, reduced, relinquished or transferred in accordance with this agreement then for the avoidance of doubt: the Access Holder’s entitlements to have an Operator operate Train Services is also reduced in accordance with that resumption, reduction, relinquishment or transfer of Access Rights; the Access Holder’s Nominated Monthly Train Services for each applicable Train Service Description will be taken to be varied to be reduced in accordance with that resumption, reduction, relinquishment or transfer of Access Rights; and the Access Holder will no longer be obliged to pay Access Charges in respect of the resumed, reduced, relinquished or transferred Access Rights (except for any such Access Charges that accrued prior to the resumption, reduction, relinquishment or transfer payable in respect of the part of the Year prior to the resumption, reduction, relinquishment or transfer).

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: : (i) the Access Rights that the Access Holder intends to relinquish (Nominated Access Rights); ; (ii) if the 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 Access Holder may itself be that Access Seeker; and and (iii) 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. . (b) The period from the giving of the notice under clause 21.2(a) until the Relinquishment Date must not exceed nine months. . (c) The relinquishment of any Nominated Access Rights in accordance with this clause 21.2 is subject to and conditional on the Access Holder paying to Queensland Rail the Relinquishment Fee on or before the Relinquishment Date. . (d) If the 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. . (e) Queensland Rail must facilitate a Transfer in respect of a Transferee if: : (i) the relevant Access Rights 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); ; (ii) 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; ; (iii) the Access Holder has complied with clause 21.2(a) and paid the Relinquishment Fee to Queensland Rail on or before the Relinquishment Date; and and (iv) 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 Party. . (f) If the Relinquishment Fee is not paid on or prior to the Relinquishment Date, then the 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 relevant relinquishment. If Queensland Rail or the Access Holder identify an opportunity for Queensland Rail to enter into an access agreement with an existing or prospective Access Holder that would result in a lessening of the Relinquishment Fee that would otherwise be payable to Queensland Rail under clause 21.2, Queensland Rail will not unreasonably delay the process for negotiating and executing an Access Agreement with that existing or prospective Access Holder. Subject to clause 21.4(b), where Access Rights have been resumed, reduced, relinquished or transferred in accordance with this agreement to the extent that there are no longer any Access Rights remaining the subject of this agreement, then Queensland Rail may terminate this agreement by notice to the Access Holder (without prejudice to those provisions which are stated to survive this agreement). Where, but for the operation of Ad Hoc Train Services, the Access Holder has no right to utilise the Network, unless otherwise agreed between the Parties (each acting reasonably), this agreement will continue to operate in relation to those Ad Hoc Train Services. Any termination under clause 21.4 is without prejudice to any rights of any Party which accrued on or before termination. Where Access Rights have been resumed, reduced, relinquished or transferred in accordance with this agreement then for the avoidance of doubt: the Access Holder’s entitlements to have an Operator operate Train Services is also reduced in accordance with that resumption, reduction, relinquishment or transfer of Access Rights; the Access Holder’s Nominated Monthly Train Services for each applicable Train Service Description will be taken to be varied to be reduced in accordance with that resumption, reduction, relinquishment or transfer of Access Rights; and the Access Holder will no longer be obliged to pay Access Charges in respect of the resumed, reduced, relinquished or transferred Access Rights (except for any such Access Charges that accrued prior to the resumption, reduction, relinquishment or transfer payable in respect of the part of the Year prior to the resumption, reduction, relinquishment or transfer).

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 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 PartypartyParty. 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 relevant relinquishment. If Queensland Rail or the Access Holder identify an opportunity for Queensland Rail to enter into an access agreement with an existing or prospective Access Holder that would result in a lessening of the Relinquishment Fee that would otherwise be payable to Queensland Rail under clause 21.2, Queensland Rail will not unreasonably delay the process for negotiating and executing an Access Agreement with that existing or prospective Access Holder. Subject to clause 21.4(b), where Access Rights have been resumed, reduced, relinquished or transferred in accordance with this agreement to the extent that there are no longer any Access Rights remaining the subject of this agreement, then Queensland Rail may terminate this agreement by notice to the Access Holder (without prejudice to those provisions which are stated to survive this agreement). Where, but for the operation of Ad Hoc Train Services, the Access Holder has no right to utilise the Network, unless otherwise agreed between the Parties (each acting reasonably), this agreement will continue to operate in relation to those Ad Hoc Train Services. Any termination under clause 21.4 is without prejudice to any rights of any Party which accrued on or before termination. Where Access Rights have been resumed, reduced, relinquished or transferred in accordance with this agreement then for the avoidance of doubt: the Access Holder’s entitlements to have an Operator operate Train Services is also reduced in accordance with that resumption, reduction, relinquishment or transfer of Access Rights; the Access Holder’s Nominated Monthly Train Services for each applicable Train Service Description will be taken to be varied to be reduced in accordance with that resumption, reduction, relinquishment or transfer of Access Rights; and the Access Holder will no longer be obliged to pay Access Charges in respect of the resumed, reduced, relinquished or transferred Access Rights (except for any such Access Charges that accrued prior to the resumption, reduction, relinquishment or transfer payable in respect of the part of the Year prior to the resumption, reduction, relinquishment or transfer).