Common use of Exercise of access rights Clause in Contracts

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 2.3(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 2.3(f), 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;

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 2.3(b3.3(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 2.3(f3.3(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