Common use of Nature and Scope of Access Rights Clause in Contracts

Nature and Scope of Access Rights. (a) The Access Rights granted under clause 3.1 are non-exclusive contractual rights and do not give the End User any right, title or interest of any proprietary nature in the Nominated Network. (b) The End User must not: (i) operate on, or use, or permit the Operator to operate on or use, any part of, the Infrastructure that is not specifically included in the Nominated Network; or (ii) use, or permit the Operator to use, the Nominated Network for: (A) carrying out any provisioning, inspection, testing or maintenance of Rollingstock; (B) any marshalling, shunting or other relocation of Rollingstock; (C) storage of Rollingstock; or (D) any purpose other than the operation of Train Services, unless otherwise expressly: (iii) permitted or required to do so under this Agreement; (iv) directed to do so by Aurizon Network in accordance with this Agreement; or (v) expressly permitted under another agreement with Aurizon Network. (c) The Parties acknowledge and agree that Aurizon Network is required to provide the End User with certain benefits, rights and services in accordance with clause [3.4(b)] of, and the definition of “Access” in, the Access Undertaking and, to the extent that these requirements are relevant to the End User’s Access Rights, it is intended that the terms on which they are provided are detailed in this Agreement.

Nature and Scope of Access Rights. (a) The Access Rights granted under clause 3.1 are non-exclusive contractual rights and do not give the End User any right, title or interest of any proprietary nature in the Nominated Network. (b) The End User must not: (i) operate on, or use, or permit the Operator to operate on or use, any part of, the Infrastructure that is not specifically included in the Nominated Network; or (ii) use, or permit the Operator to use, the Nominated Network for: (A) carrying out any provisioning, inspection, testing or maintenance of Rollingstock; (B) any marshalling, shunting or other relocation of Rollingstock; (C) storage of Rollingstock; or (D) any purpose other than the operation of Train Services, unless otherwise expressly: (iii) permitted or required to do so under this Agreement; (iv) directed to do so by Aurizon Network in accordance with this Agreement; or (v) expressly permitted under another agreement with Aurizon Network. . (c) The Parties acknowledge and agree that Aurizon Network is required to provide the End User with certain benefits, rights and services in accordance with clause [3.4(b)] of, and the definition of “Access” in, the in Aurizon Network’s Access Undertaking and, Undertaking] and to the extent that these requirements are relevant to the End User’s Access Rights, Rights it is intended that they will be provided on the terms on which they are provided are detailed in of this Agreement.