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.
Appears in 2 contracts
Sources: Access Agreement, Access 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; 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.
Appears in 1 contract
Sources: Access Agreement
Nature and Scope of Operational Rights. β
(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.
Appears in 1 contract
Sources: Access 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) : 1 Wording dependent on whether this agreement is an initial Agreement or a Subsequent Agreement. only operate on, or use any part of, the Network that is specifically included in this agreement; and
(ii) and 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) or 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) or expressly permitted under another agreement with Queensland Rail.
Appears in 1 contract
Sources: Access Agreement