Common use of Interaction of rights Clause in Contracts

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 Queensland Rail 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 Queensland Rail Aurizon Network any part of the Operational Rights, whether under this Agreement or Queensland RailAurizon 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 Queensland Rail Aurizon Network and the Operator listed in Item 1 below. 1. Operator: Name ACN Address