Common use of Third Party Works Clause in Contracts

Third Party Works. (a) The Access Holder acknowledges that: (i) third parties (some of whom have statutory rights) may carry out or require to be carried out Third Party Works on the Network during the Term; and (ii) notwithstanding any other provision of this agreement, ARTC reserves the right to permit third parties to carry out Third Party Works if that party has a legal right to undertake those Third Party Works, including as arising from legislation or the NSW Lease. (b) If ARTC expects that planned Third Party Works are reasonably likely to have a material effect on a Train Path or Path Usage, ARTC will, as soon as reasonably practicable, and in any case, prior to the commencement of the works (except in the case of emergency): (i) notify the Access Holder and the relevant Operator of the Third Party Works; and (ii) use its reasonable endeavours to provide an alternative Train Path or Path Usage, but need not obtain the Access Holder or Operator’s consent to such Third Party Works. (c) Subject to ARTC complying with clause 11.3

Third Party Works. (a) The Access Holder acknowledges that: (i) third parties (some of whom have statutory rights) may carry out or require to be carried out Third Party Works on the Network during the Term; and (ii) notwithstanding any other provision of this agreement, ARTC reserves the right to permit third parties to carry out Third Party Works if that party has a legal right to undertake those Third Party Works, including as arising from legislation or the NSW Lease. (b) If ARTC expects that planned Third Party Works are reasonably likely to have a material effect on a Train Path or Path Usage, ARTC will, as soon as reasonably practicable, and in any case, prior to the commencement of the works (except in the case of emergency): (i) notify the Access Holder and the relevant Operator of the Third Party Works; and (ii) use its reasonable endeavours to provide an alternative Train Path or Path Usage, but need not obtain the Access Holder or Operator’s consent to such Third Party Works. (c) Subject to ARTC complying with clause 11.311.3(b) but notwithstanding any other provision of this agreement, the Access Holder agrees that ARTC has no Liability to the Access Holder nor will the Access Holder make a Claim against ARTC for any costs, expenses, losses or damages incurred by the Access Holder in relation to or as a consequence of Third Party Works.

Third Party Works. (a) The Access Holder acknowledges that: (i) third parties (some of whom have statutory rights) may wish to carry out or require to be carried out Third Party Works on the Network during the Term; and (ii) notwithstanding any other provision of this agreement, ARTC reserves the right to permit third parties to carry out Third Party Works if that party has a legal right to undertake those Third Party Works, including as arising from legislation or the NSW Lease. (b) If ARTC expects that planned Third Party Works are reasonably likely to have a material effect on a Train Path or Path Usage, ARTC will, as soon as reasonably practicable, and in any case, prior to the commencement of the works (except in the case of emergency): (i) notify the Access Holder and the relevant Operator of the Third Party Works; and (ii) use its reasonable endeavours to provide an alternative Train Path or Path Usage, , (iii) but need not obtain the Access Holder or Operator’s consent to such Third Party Works. (c) Subject to ARTC complying with clause 11.3