Interaction of rights Sample Clauses
Interaction of rights. The Parties acknowledge and agree:
(a) that to the extent that the Operator’s rights under the Train Operations Agreement or QR Network’s Access Undertaking in relation to the Access Rights allocated to the Operator are inconsistent with the End User’s rights in relation to those Access Rights under this Agreement or QR Network’s Access Undertaking, the End User’s rights and the exercise of those rights prevail to the extent of the inconsistency; and
(b) that if there is any doubt as to whether a reference to the “Access Holder” under QR Network’s Access Undertaking is a reference to the End User or the Operator, then the following principles will apply:
(i) only one, not both, of the End User and the Operator is the “Access Holder”;
(ii) whether the End User or the Operator is the “Access Holder” will be determined based on which of those party’s rights or obligations under this Agreement or the relevant Train Operations Agreement (as applicable) are the most consistent with the relevant rights or obligations under QR Network’s Access Undertaking; and
(iii) if the application of Clause 2.5(b)(ii) is not determinative of whether the End User or the Operator is the “Access Holder”, then the Operator is the “Access Holder”.
Interaction of rights. (a) In respect of the Operational Rights relating to the End User:
(i) the End User has contracted directly with Aurizon Network under the End User Access Agreement for the End User’s Access Rights:
(A) on the basis that the End User’s Access Rights will be used by one or more persons (such as the Operator) under agreements (such as this Agreement) for the benefit of the End User; and
(B) as such, the End User has no direct above rail operational responsibilities in relation to Train Services for that End User (unless it is also the Operator); and
(ii) the Operator will have above rail operational obligations in respect of the Train Services that will be operated by that Operator for the End User [including the payment of Access Charges (other than for take or pay charges
(b) The Operator has no right to renew, transfer (subject to Clauses 22.2 and 22.3 of the General Conditions of Contract), vary or relinquish to Aurizon Network any part of the Operational Rights, whether under this Agreement or Aurizon Network’s Access Undertaking. The right to seek a renewal, transfer, variation or relinquishment of Access Rights is only usable by the End User. This Reference Schedule forms part of the Agreement dated the day of 20 made between Aurizon Network and the Operator listed in Item 1 below.
1. Operator: Name ACN Address 2. Commencement Date:
3. Security Amount: (General Conditions of Contract Clause 2.4 (a)) Subject to Aurizon Network’s reasonable assessment of the creditworthiness of the Operator, the Security Amount (if applicable) will be an amount equivalent to [where the End User Access Agreement involves the End User paying all Access Charges] the lesser of twelve (12) weeks Access Charges determined as if the Operator made maximum use of the End User's Access Rights which the Operator is nominated to utilise or the deductible for any one loss as specified in Schedule 7 . [where the End User Access Agreement involves the End User only paying TOP Charges] the greater of twelve (12) weeks Access Charges determined as if the Operator made maximum use of the End User's Access Rights which the Operator is nominated to utilise or the deductible for any one loss as specified in Schedule 7. 4. Date for Completion of Matters prior to the Commencement of Train Services: (General Conditions of Contract Clause 4.1(c)) 1 DEFINITIONS AND INTERPRETATION 12 1.1 Definitions 12 1.2 Interpretation 22 2 CHARGES 23 2.1 [Access ]Charges 23 2.2 Invoicing 23 2.3 GST 24
Interaction of rights. (a) In respect of the Operational Rights relating to an End User:
(i) the End User has contracted directly with QR Network under an End User Access Agreement for the End User‟s Access Rights:
(A) on the basis that the End User‟s Access Rights will be used by one or more persons (such as the Operator) under agreements (such as this Agreement) for the benefit of the End User; and
(B) as such, the End User has no direct above rail operational responsibilities in relation to Train Services for that End User; and
(ii) the Operator will have above rail operational obligations in respect of the Train Services that will be operated by that Operator for that End User including the payment of Access Charges (other than for take or pay charges – which shall be paid by the End User).
(b) The Operator has no right to renew, transfer (subject to Clauses 22.2 and 22.3 of the General Conditions of Contract) or relinquish to QR Network any part of the Operational Rights, whether under this Agreement or QR Network‟s Access Undertaking. The right to seek a renewal, transfer or relinquishment of Access Rights is usable by the End User.
(c) The Parties acknowledge and agree:
(i) that to the extent that the Operator‟s rights under this Agreement or QR Network‟s Access Undertaking in relation to the Operational Rights for an End User are inconsistent with the End User‟s rights in relation to the relevant End User‟s Access Rights or QR Network‟s Access Undertaking, the End User‟s rights and the exercise of those rights prevail to the extent of the inconsistency and the Parties shall, to the extent it is practicable to do so, vary the terms of this Agreement to ensure consistency with the relevant End
(ii) that if there is any doubt as to whether a reference to the “Access Holder” under QR Network‟s Access Undertaking is a reference to the End User or the Operator, then the following principles will apply:
(A) only one, not both, of the End User and the Operator is the “Access Holder”; and
(B) whether the End User or the Operator is the “Access Holder” will be determined based on which of those party‟s rights or obligations under this Agreement or the relevant End User Access Agreement (as applicable) are the most consistent with the relevant rights or obligations under QR Network‟s Access Undertaking; and
(iii) if the application of Clause 7(d)(ii) is not determinative of whether the End User or the Operator is the “Access Holder”, then the [Operator / End User (as nominated by t...
Interaction of rights. (a) In respect of the Operational Rights relating to the End User:
(i) the End User has contracted directly with Queensland Rail under the End User Access Agreement for the End User’s Access Rights:
(A) on the basis that the End User’s Access Rights will be used by one or more persons (such as the Operator) under agreements (such as this Agreement) for the benefit of the End User; and
(B) as such, the End User has no direct above rail operational responsibilities in relation to Train Services for that End User (unless it is also the Operator); and
(ii) the Operator will have above rail operational obligations in respect of the Train Services that will be operated by that Operator for the End User [including the payment of Access Charges (other than for take or pay charges
(b) The Operator has no right to renew, transfer (subject to Clauses 22.2 and 22.3 of the General Conditions of Contract), vary or relinquish to Queensland Rail any part of the Operational Rights, whether under this Agreement or Queensland Rail’s Access Undertaking. The right to seek a renewal, transfer, variation or relinquishment of Access Rights is only usable by the End User. This Reference Schedule forms part of the Agreement dated the day of 20 made between Queensland Rail and the Operator listed in Item 1 below.
Interaction of rights. (a) In respect of the Operational Rights relating to the End User:
(i) the End User has contracted directly with QR Network under the End User Access Agreement for the End User’s Access Rights:
(A) on the basis that the End User’s Access Rights will be used by one or more persons (such as the Operator) under agreements (such as this Agreement) for the benefit of the End User; and
(B) as such, the End User has no direct above rail operational responsibilities in relation to Train Services for that End User (unless it is also the Operator); and
(ii) the Operator will have above rail operational obligations in respect of the Train Services that will be operated by that Operator for the End User [including the payment of Access Charges (other than for take or pay charges
(b) The Operator has no right to renew, transfer (subject to Clauses 22.2 and 22.3 of the General Conditions of Contract), vary or relinquish to QR Network any part of the Operational Rights, whether under this Agreement or QR Network’s Access Undertaking. The right to seek a renewal, transfer, variation or relinquishment of Access Rights is only usable by the End User. AARLEG-#21840365-v1-Standard_TOA_for_QCA_Draft_Decision.DOC This Reference Schedule forms part of the Agreement dated the day of 20 made between QR Network and the Operator listed in Item 1 below.
1. Operator: Name ACN Address
Interaction of rights. The Parties acknowledge and agree:
(a) that to the extent that the Operator’s rights under the Train Operations Agreement or QR Network’s Access Undertaking in relation to the Access Rights allocated to the Operator are inconsistent with the End User’s rights in relation to those Access Rights under this Agreement or QR Network’s Access Undertaking, the End User’s rights and the exercise of those rights prevail to the extent of the inconsistency; and
(b) that if there is any doubt as to whether a reference to the “Access Holder” under QR Network’s Access Undertaking is a reference to the End User or the Operator, then the following principles will apply:
(i) only one, not both, of the End User and the Operator is the “Access Holder”;
(ii) where an Access Agreement is entered into, the End User is the Access Holder for the purposes of any matter relating to the:
(A) lodgement and negotiation of Access Applications; (B) establishment or management of a queue;
Interaction of rights. (a) In respect of the Operational Rights relating to the End User:
(i) the End User has contracted directly with Aurizon Network under the End User Access Agreement for the End User’s Access Rights:
(A) on the basis that the End User’s Access Rights will be used by one or more persons (such as the Operator) under agreements (such as this Agreement) for the benefit of the End User; and
(B) as such, the End User has no direct above rail operational responsibilities in relation to Train Services for that End User (unless it is also the Operator); and
(ii) the Operator will have above rail operational obligations in respect of the Train Services that will be operated by that Operator for the End User [including the payment of Access Charges (other than for take or pay charges – which shall be paid by the End User)].
(b) The Operator has no right to renew, transfer (subject to Clauses 22.2 and 22.3 of the General Conditions of Contract), vary or relinquish to Aurizon Network any part of the Operational Rights, whether under this Agreement or Aurizon Network’s Access Undertaking. The right to seek a renewal, transfer, variation or relinquishment of Access Rights is only usable by the End User. This Reference Schedule forms part of the Agreement dated the day of 20 made between Aurizon Network and the Operator listed in Item 1 below.
1. Operator: Name ACN Address
Interaction of rights. (a) In respect of the Operational Rights relating to anthe End User:
(i) the End User has contracted directly with QRAurizon Network under anthe End User Access Agreement for the End User’s Access Rights: (A) (A) on the basis that the End User’s Access Rights will be used by one or more persons (such as the Operator) under agreements (such as this Agreement) for the benefit of the End User; and