Common use of Effect of Termination of Access Holder Clause in Contracts

Effect of Termination of Access Holder. If the agreement is terminated in accordance with clause 15.3; then the Access Holder is deemed to have withdrawn its nomination of the Operator in accordance with clause 4.1. A Party’s right to make a Claim or recover damages or avail itself of other remedies under this agreement or at Law or to recover monies due to it under this agreement is not prejudiced by the termination, pursuant to clause 15, or expiry of this agreement. The expiry or termination of this agreement releases all Parties from all further obligations or liabilities under this agreement except for: rights which accrued on or before termination, including for breach of this agreement which occurred before termination. Any liability in respect of such prior breach will be limited in the manner provided in this agreement; or any provisions which are expressed as surviving the expiry or termination of this agreement. Immediately on expiration of the Term, and as soon as practicable after termination of the operational right to operate for any other reason, the Operator must, at the Operator’s cost and risk, remove from the Network (or the land on which the Network is located) all of the Operator’s Rolling Stock and all vehicles, equipment, freight, debris, or rubbish brought onto the Network (or the land on which the Network is located) by, for or on behalf of the Operator relating to the Train Services. If the Operator fails to remove its Rolling Stock and other items from the Network in accordance with clause 15.11(a): Queensland Rail may give a notice to the Operator demanding the removal of Rolling Stock by a time specified by Queensland Rail; and if the Operator fails to remove that Rolling Stock by that time, Queensland Rail may remove that Rolling Stock and recover the reasonable costs of doing so from the Operator. The Operator is liable, and indemnifies Queensland Rail, for all costs and expenses incurred by Queensland Rail in relation to any damage caused to the Network by the Operator in removing any Rolling Stock. The Operator must comply with all Network Control Directions, and all other directions issued by Queensland Rail (acting reasonably), in relation to the removal of the Rolling Stock and other items in accordance with this clause 15.11.