Nature and Scope of Operational Rights Sample Clauses

Nature and Scope of Operational Rights. (a) The right to operate granted under clause 3.1 is a non-exclusive contractual right and does not give the Operator any right, title or interest of any proprietary nature in the Network. (b) The Operator must: (i) only operate on, or use any part of, the Network that is specifically included in this agreement; and (ii) not use the Network for: (A) carrying out any provisioning, inspection, testing or maintenance of Rolling Stock; (B) any marshalling, shunting or other relocation of Rolling Stock; (C) storage of Rolling Stock; or (D) any purpose other than the operation of Train Services, unless otherwise expressly: (iii) permitted or required to do so under this agreement; 1 Wording dependent on whether this agreement is an initial Agreement or a Subsequent Agreement. (iv) directed to do so by Queensland Rail in accordance with this agreement; or (v) expressly permitted under another agreement with Queensland Rail.

Nature and Scope of Operational Rights. (a) The Operational Rights granted under clause 3.1 are non-exclusive contractual rights and do not give the Operator any right, title or interest of any proprietary nature in the Nominated Network. (b) The Operator must not: (i) operate on, or use any part of, the Infrastructure that is not specifically included in the Nominated Network; or (ii) 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.

Nature and Scope of Operational Rights. (a) The Operational Rights granted under Clause 1 are non-exclusive contractual rights and do not give the Operator any right, title or interest of any proprietary nature in the Nominated Network. (b) The Operator must not: (i) (i) operate on or use any part of the Infrastructure that is not specifically included in the Nominated Network; or (ii) (ii) use the Nominated Network for carrying out any provisioning, inspection, testing, maintenance of Rollingstock, any marshalling, shunting or other relocation of Rollingstock or storage of Rollingstock or for any other purpose other than the operation of Train Services, unless specifically directed by QRAurizon Network to do so in accordance with the provisions of this Agreement or as specified in this Agreement.

Nature and Scope of Operational Rights. (a) The right to operate granted under clause 3.1 is a non-exclusive contractual right and does not give the Operator any right, title or interest of any proprietary nature in the Network. (b) The Operator must: (i) only operate on, or use any part of, the Network that is specifically included in this agreement; and (ii) not use the Network for: (A) carrying out any provisioning, inspection, testing or maintenance of Rolling Stock; (B) any marshalling, shunting or other relocation of Rolling Stock; (C) storage of Rolling Stock; 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 Queensland Rail in accordance with this agreement; or (v) expressly permitted under another agreement with Queensland Rail. 4 3Relationship with Operator ’s Customer 4.1 Changes to Operator nominations 3.1Application (a) This clause 3 only applies where the Operator’s Customer is a Party. (b) If this clause 3 applies but is inconsistent with any other provision of this agreement, then this clause 3 prevails over that other provision to the extent of the inconsistency.

Nature and Scope of Operational Rights. (a) Nothing in this Agreement gives the Operator any right, title or interest of any proprietary nature in the Network. (b) Notwithstanding clauses 3.1 and 3.2, the Operator’s right to operate any Service on the Network (including Services on a Nominated Route using a Scheduled Train Path referred to in clause 3.1(a)) is subject to: (1) the terms of this Agreement (including clauses 6, 9.4, 16 and 17.3), including the exercise, or operation, of rights, entitlements, limitations or exclusions under any of them; (2) the Operator complying, and being in compliance, with the terms and conditions of this Agreement, including its warranties given under this Agreement and clauses 7, 14 and 15 and the terms and conditions of the relevant Safety Interface Agreement; (3) the Commercial Track Access Agreement being effective at all times during the Term and a Safety Interface Agreement being effective at all times during the Term; (4) the Trains utilising the Train Path being comprised of Rolling Stock (or such other combination of locomotives and wagons agreed to in writing by Arc); (5) emergencies or material safety considerations; (6) the Train Management Guidelines and Arc’s Network Rules; and (7) all applicable Laws.

Nature and Scope of Operational Rights. (a) The Operational Rights granted under Clause 1 are non-exclusive contractual rights and do not give the Operator any right, title or interest of any proprietary nature in the Nominated Network. (b) The Operator must not: (i) operate on or use any part of the Network that is not specifically included in the Nominated Network; or (ii) use the Nominated Network for carrying out any provisioning, inspection, testing, maintenance of Rollingstock, any marshalling, shunting or other relocation of Rollingstock or storage of Rollingstock or for any other purpose other than the operation of Train Services, unless specifically directed by Queensland Rail to do so in accordance with the provisions of this Agreement or as specified in this Agreement. Deleted: Clause 2.4(e) of, and the definition of “Access” in, Aurizon Network (c) The Parties acknowledge and agree Queensland Rail is required to provide the Operator with certain benefits, rights and services in accordance with Queensland Rail’s Access Undertaking, and to the extent that these requirements are relevant to the Operator's Operational Rights it is intended the terms on which they are provided are detailed in this Agreement.

Nature and Scope of Operational Rights. (a) The right to operate granted under clause 3.1 is non-exclusive contractual right and does not give the Operator any right, title or interest of any proprietary nature in the Network. (b) The Operator must: (i) only operate on, or use any part of, the Network that is specifically included in this Agreement; and (ii) not use the 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

Nature and Scope of Operational Rights. The right to operate granted under clause 3.11.1 is a non-exclusive contractual right and does not give the Operator any right, title or interest of any proprietary nature in the Network. The Operator must: only operate on, or use any part of, the Network that is specifically included in this agreement; and not use the Network for: carrying out any provisioning, inspection, testing or maintenance of Rolling Stock; any marshalling, shunting or other relocation of Rolling Stock; storage of Rolling Stock; or any purpose other than the operation of Train Services, unless otherwise expressly: permitted or required to do so under this agreement; directed to do so by Queensland Rail in accordance with this agreement; or expressly permitted under another agreement with Queensland Rail.