Common use of Third Party Land Clause in Contracts

Third Party Land. The Access Holder acknowledges that: (a) the land specified in item 4 of Schedule 3 (Third Party Land) is not owned or controlled by Aurizon Network; and (b) entry onto that Third Party Land is not included within the definition of Access, and agrees that in respect of that Third Party Land: (c) the Access Holder will comply with the requirements of the person that owns or controls that Third Party Land (Landowner) in relation to that Third Party Land as notified to the Access Holder by Aurizon Network from time to time; (d) if, after the Commencement Date, there is a change in the costs incurred by Aurizon Network due to the requirements of the Landowner in respect of that Third Party Land, then that change is deemed to be a Material Change; and (e) if Aurizon Network’s rights in respect of that Third Party Land are terminated for any reason other than the default of Aurizon Network of any agreement that affects Aurizon Network’s use of that Third Party Land or other than by agreement with the Landowner, then Aurizon Network may, by notice to the Access Holder, suspend and/or terminate the Access Rights insofar as they relate to that part of the Nominated Network which is situated on that Third Party Land.

Appears in 9 contracts

Samples: Standard Access Agreement, Standard Access Agreement, Access Agreement

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Third Party Land. The Access Holder acknowledges that: (a) the land specified in item 4 of Schedule 3 (Third Party Land) is not owned or controlled by Aurizon Network; andand‌ (b) entry onto that Third Party Land is not included within the definition of Access, Access,‌‌ and agrees that in respect of that Third Party Land: (c) the Access Holder will comply with the requirements of the person that owns or controls that Third Party Land (Landowner) in relation to that Third Party Land as notified to the Access Holder by Aurizon Network from time to time; (d) if, after the Commencement Date, there is a change in the costs incurred by Aurizon Network due to the requirements of the Landowner in respect of that Third Party Land, then that change is deemed to be a Material Change; andand‌ (e) if Aurizon Network’s rights in respect of that Third Party Land are terminated for any reason other than the default of Aurizon Network of any agreement that affects Aurizon Network’s use of that Third Party Land or other than by agreement with the Landowner, then Aurizon Network may, by notice to the Access Holder, suspend and/or terminate the Access Rights insofar as they relate to that part of the Nominated Network which is situated on that Third Party Land.

Appears in 2 contracts

Samples: Access Agreement, Access Agreement

Third Party Land. The Access Holder acknowledges that: (a) the land specified in item 4 of Schedule 3 (Third Party Land) is not owned or controlled by Aurizon Network; andand‌ (b) entry onto that Third Party Land is not included within the definition of Access, and agrees that in respect of that Third Party Land: (c) the Access Holder will comply with the requirements of the person that owns or controls that Third Party Land (Landowner) in relation to that Third Party Land as notified to the Access Holder by Aurizon Network from time to time; (d) if, after the Commencement Date, there is a change in the costs incurred by Aurizon Network due to the requirements of the Landowner in respect of that Third Party Land, then that change is deemed to be a Material Change; andand‌ (e) if Aurizon Network’s rights in respect of that Third Party Land are terminated for any reason other than the default of Aurizon Network of any agreement that affects Aurizon Network’s use of that Third Party Land or other than by agreement with the Landowner, then Aurizon Network may, by notice to the Access Holder, suspend and/or terminate the Access Rights insofar as they relate to that part of the Nominated Network which is situated on that Third Party Land.

Appears in 1 contract

Samples: Access Agreement

Third Party Land. The Access Holder acknowledges that: (a) the land specified in item 4 of Schedule 3 (Third Party Land) is not owned or controlled by Aurizon Network; andand‌ (b) entry onto that Third Party Land is not included within the definition of Access, and agrees that in respect of that Third Party Land: (c) the Access Holder will comply with the requirements of the person that owns or controls that Third Party Land (Landowner) in relation to that Third Party Land as notified to the Access Holder by Aurizon Network from time to time; (d) if, after the Commencement Date, there is a change in the costs incurred by Aurizon Network due to the requirements of the Landowner in respect of that Third Party Land, then that change is deemed to be a Material Change; and (e) if Aurizon Network’s rights in respect of that Third Party Land are terminated for any reason other than the default of Aurizon Network of any agreement that affects Aurizon Network’s use of that Third Party Land or other than by agreement with the Landowner, then Aurizon Network may, by notice to the Access Holder, suspend and/or terminate the Access Rights insofar as they relate to that part of the Nominated Network which is situated on that Third Party Land.Land.‌

Appears in 1 contract

Samples: Standard Access Agreement

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Third Party Land. The Access Holder acknowledges that: (a) the land specified in item 4 of Schedule schedule 3 (Third Party Land) is not owned or controlled by Aurizon Network; and (b) entry onto that Third Party Land is not included within the definition of Access, and agrees that in respect of that Third Party Land: (c) the Access Holder will comply with the requirements of the person that owns or controls that Third Party Land (Landowner) in relation to that Third Party Land as notified to the Access Holder by Aurizon Network from time to time; (d) if, after the Commencement Date, there is a change in the costs incurred by Aurizon Network due to the requirements of the Landowner in respect of that Third Party Land, then that change is deemed to be a Material Change; and (e) if Aurizon Network’s rights in respect of that Third Party Land are terminated for any reason other than the default of Aurizon Network of any agreement that affects Aurizon Network’s use of that Third Party Land or other than by agreement with the Landowner, then Aurizon Network may, by notice to the Access Holder, suspend and/or terminate the Access Rights insofar as they relate to that part of the Nominated Network which is situated on that Third Party Land.

Appears in 1 contract

Samples: Access Agreement

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