Common use of Reduction of Access Rights Clause in Contracts

Reduction of Access Rights. (a) If the Operator, for any reason other than the occurrence of a Force Majeure Event or the failure of Queensland Rail to make the Access Rights available, does not operate, over any four (4) consecutive Quarters, at least eighty-five percent (85%) of the Train Services allowed under its Train Service Description for that period, then Queensland Rail may within forty (40) Business Days, give the Operator written notice (“Resumption Notice”) of:

Reduction of Access Rights. (a) If the Operator, for any reason other than the occurrence of a Force Majeure Event or the failure of Queensland Rail to make the Access Rights available, does not operate, over any four (4) consecutive Quarters, at least eighty-five percent (85%) of the Train Services allowed under its Train Service Description for that period, then Queensland Rail may within forty (40) Business Days, give the Operator written notice (“Resumption Notice”) of:: (i) that underutilisation;