Exercise of access rights. In exercising its access rights under clause 11.1, the Distributor must, except to the extent that the Distributor has any other binding agreement setting out its access rights directly with the Customer:
(a) comply with sections 23A to 23D, 57, and 159 of the Electricity Act 1992 as though these sections relate to the Distributor's access rights as contemplated under clause 11.1, provided that the Distributor must give written notice to a Customer if the Distributor intends to access the Customer’s Premises for any reason (except if the Distributor requires access to carry out a routine inspection or operation of the Distributor's Equipment, or in an emergency situation);
(b) ensure that it has appropriate procedures in place for the secure storage, use, and return of any key to and any security information about the Customer’s Premises;
(c) cause as little disturbance or inconvenience as practicable to the Trader and the Customer (including minimising any direct impact on the Customer's property) and ensure that its personnel:
(i) behave in a courteous, considerate, and professional manner at all times while on the Customer's Premises;
(ii) carry identification that shows they are authorised personnel of the Distributor; and
(iii) if practicable, identify themselves to the Customer before entering the Customer's property; and
(iv) comply with the Customer's reasonable requirements, practices, and procedures as disclosed by the Customer or as generally practised for health and safety, and security requirements.
Exercise of access rights. (a) The Parties acknowledge and agree that:
(i) the grant of the Access Rights to the End User in accordance with this Agreement does not entitle the End User to itself operate Train Services on the Nominated Network (unless it is also an Operator which it is entitled to nominate to use the Access Rights in accordance with this Clause 2.3); and
(ii) the End User can only utilise the Access Rights by nominating an Operator from time to time, in accordance with Clause 2.3(b), to use Access Rights, allocated to that Operator by the End User (including pursuant to a variation of allocations pursuant to Clause 2.3(f)), under the terms of a Train Operations Agreement (and may nominate more than one Operator).
(b) Subject to Clause 2.3(g), the End User may, from time to time, provided that it is not in material breach of any of its obligations under this Agreement, upon giving at least 30 days prior written notice to Aurizon Network and the relevant Operator, nominate an Operator to utilise all or part of the Access Rights by written notice to Aurizon Network which:
(i) specifies the name, ABN, address and contact details of the Operator;
(ii) specifies the Access Rights which the End User wishes to allocate to the Operator for the Operator to use in providing Train Services for the End User;
(iii) specifies the first day and the last day of the period for which the Access Rights are to be allocated to the Operator; and
(iv) is accompanied by either:
(A) a Train Operations Agreement (in duplicate) in the form set out in Schedule 6 (or such other form as Aurizon Network and the Operator have agreed), duly executed by the Operator, which reflects in Schedule 1 the Access Rights which the End User wishes to allocate to the Operator; or
(B) a statement identifying the Operator’s existing applicable Train Operations Agreement in respect of utilisation of the Access Rights under this Agreement and evidence that the Operator agrees to the relevant nomination, provided that at no time can the Access Rights allocated by the End User to any Operators exceed, in aggregate, the End User’s Access Rights under this Agreement.
Exercise of access rights. In exercising its access rights under clause 13.1, the Distributor will, except to the extent that the Distributor has any other binding agreement setting out its access rights directly with the Consumer or if not reasonably practicable in the circumstances:
(a) comply with sections 23A to 23D, 57 and 159 of the Electricity Xxx 0000 as though these sections relate to the Distributor's access rights as contemplated under clause 13.1, provided that the Distributor will give notice to a Consumer if the Distributor intends to access the Consumer’s Premises for any reason (except if the Distributor requires access to carry out a routine inspection or operation of the Distributor’s Equipment, or for reasons relating to System Security or the security of the Network, or in an emergency situation);
(b) ensure that it has appropriate procedures in place for the secure storage, use, and return of any key to and any security information about the Consumer’s Premises;
(c) cause as little disturbance or inconvenience as practicable to the Retailer and the Consumer (including minimising any direct impact on the Consumer's property) and ensure that its personnel:
(i) behave in a courteous, considerate and professional manner at all times while on the Consumer's Premises;
(ii) carry identification that shows they are authorised personnel of the Distributor or provide details of who the Consumer may call to confirm that such personnel are undertaking actions on behalf of the Distributor; and
(iii) if practicable, identify themselves to the Consumer before entering the Consumer's property; and
(d) comply with the Consumer's reasonable requirements, practices and procedures as disclosed by the Consumer or as generally practised for health and safety, and security requirements.
Exercise of access rights. In exercising its access rights under clause 13.1, the Distributor will, except to the extent that the Distributor has any other binding agreement setting out its access rights directly with the Consumer: comply with sections 23A to 23D, 57 and 159 of the Electricity Xxx 0000 as though these sections relate to the Distributor's access rights as contemplated under clause 13.1, provided that the Distributor will give written notice to a Consumer if the Distributor intends to access the Consumer’s Premises for any reason (except if the Distributor requires access to carry out a routine inspection or operation of the Distributor's Equipment, or in an emergency situation); ensure that it has appropriate procedures in place for the secure storage, use, and return of any key to and any security information about the Consumer’s Premises; cause as little disturbance or inconvenience as practicable to the Retailer and the Consumer (including minimising any direct impact on the Consumer's property) and ensure that its personnel: behave in a courteous, considerate and professional manner at all times while on the Consumer's Premises; carry identification that shows they are authorised personnel of the Distributor; and if practicable, identify themselves to the Consumer before entering the Consumer's property; and comply with the Consumer's reasonable requirements, practices and procedures as disclosed by the Consumer or as generally practised for health and safety, and security requirements. Distributor may disconnect: The Retailer will, subject to clause 27.1, include in its Consumer Contracts a provision to the effect that if the Consumer breaches the provisions of its Consumer Contract that require it to give the Distributor access to the Distributor’s Equipment on the Consumer’s Premises, and the breach is material or persistent, the Distributor may disconnect the Consumer’s ICP from the Network and access the Consumer’s Premises to reclaim the Distributor’s Equipment, provided that: if access was required for a purpose described in clause 13.1(a), (b), (d) or (g), the Distributor or Retailer gave the Consumer 10 Working Days’ notice of access being required (if access is required for a purpose described in clause 13.1(c), (e) or (f), such notice is not required); and if the disconnection is a Temporary Disconnection, the Distributor has complied with clause S6.15 of schedule 6.
Exercise of access rights. In exercising the access rights under clause 13.1, the Distributor shall, subject to clause 13.5:
(a) comply with sections 23A to 23D, section 57 and section 159 of the Electricity Act 1992 as though these sections relate to the Distributor's access rights as contemplated under clause 13.1;
(b) ensure that it has appropriate procedures in place for the secure storage, use, and return of any key to, and/or other security information for, the Consumer’s Premises;
(c) cause as little disturbance or inconvenience as practicable to the Retailer and the Consumer and ensure its personnel behave in a courteous and considerate manner and carry identification at all times while on the Consumer's Premises; and
(d) comply with the Consumer's reasonable practices and procedures as disclosed by the Consumer or as generally practised for health and safety, and security requirements.
Exercise of access rights. In exercising the access rights under clause 11.1, the Distributor will:
(a) ensure that it has appropriate procedures in place for the secure storage, use, and return of any key to, and/or other security information for, the Consumer’s Premises;
(b) cause as little disturbance or inconvenience as practicable to the End Retailer and the Consumer and ensure its personnel behave in a courteous and considerate manner and carry identification at all times while on the Consumer’s Premises; and
(c) comply with the Consumer’s reasonable practices and procedures as disclosed by the Consumer or as generally practised for health and safety, and security requirements. In the event of a conflict between the provisions of clause 11 and any provision of any existing agreement between the Consumer and Distributor with respect to the Distributor’s access rights to the Consumer’s Premises, then the provisions of the existing agreement between the Distributor and Consumer will prevail to the extent of such conflict.
Exercise of access rights. (a) The Parties acknowledge and agree that:
(i) the grant of the Access Rights to the End User in accordance with this Agreement does not entitle the End User to itself operate Train Services on the Nominated Network; and
(ii) the End User can only utilise the Access Rights by nominating an Operator from time to time, in accordance with Clause 3.3(b), to use Access Rights, allocated to that Operator by the End User, under the terms of a Train Operations Agreement (and may nominate more than one Operator).
(b) Subject to Clause 3.3(h), the End User may, from time to time, provided that it is not in material breach of any of its obligations under this Agreement, upon giving at least 30 days prior written notice to QR Network, nominate an Operator (for a period of not less than three months and comprised only of whole Months) to utilise all or part of the Access Rights by written notice to QR Network which:
(i) specifies the name, ABN, address and contact details of the Operator;
(ii) specifies the Access Rights which the End User wishes to allocate to the Operator for the Operator to use in providing Train Services for the End User;
(iii) specifies the first day and the last day of the period for which the Access Rights are to be allocated to the Operator; and
(iv) is accompanied by either:
(A) a Train Operations Agreement (in duplicate), duly executed by the Operator, which reflects Schedule 1 the Access Rights which the End User wishes to allocate to the Operator; or
Exercise of access rights. (a) The Parties acknowledge and agree that:
Exercise of access rights. Waiving of access rights — No sub-licensing Requests to exercise access rights and the waiver of access rights must be in writing. Unless agreed otherwise in writing with the Recipient granting access, access rights do not include the right to sub- license. If a Recipient is no longer involved in the Project, this does not affect its obligations to grant access. If the Recipient defaults on its obligations, the other Recipients involved in the same Project may agree that that Recipient no longer has access rights
Exercise of access rights. 3.1. If data subjects, competent authorities or any other third parties request information from Data Processor regarding the processing of personal data, Data Processor shall refer Quinyx Data Processing Agreement 2021.1 1 such request to the Data Controller unless Data Processor is prevented by law from doing so. Subject to clause 3.2, Data Processor may not, in any way, respond to such a request in such a way as to act on behalf of or as a representative of Data Controller and may not, without prior instructions from Data Controller, transfer or in any other way disclose personal data or any other information relating to the processing of personal data to any third party except in accordance with this Appendix.
3.2. In the event Data Processor, according to applicable laws and regulations, is required to disclose personal data that Data Processor processes on behalf of Data Controller, Data Processor shall be obliged to inform Data Controller thereof immediately and request confidentiality in conjunction with the disclosure of requested information, unless Data Processor is prevented by law from doing so.
