Defaulting Operator definition
Examples of Defaulting Operator in a sentence
All Operators who continue to be bound by this Agreement agree, from the expiration of the notice period under clause 6.1 or the date of termination under clause 7.1, not to offer for sale any Tickets that allow passengers to travel on the Services of the Withdrawing Operator or the Defaulting Operator, as the case may be.
Subject to clause 13.6, this clause 11 does not prejudice Aurizon Network’s other rights and remedies in respect of any non-compliance by the Access Holder, Defaulting Operator or any other Operator with the Train Description for a Train Service Type.
This clause 10 does not prejudice Aurizon Network’s other rights and remedies in respect of any non-compliance by the Access Holder, Defaulting Operator or any other Operator with the Train Description for a Train Service Type.
Schedule 1 to this Agreement (as amended by any Deeds of Adherence) will be deemed amended as required to delete the Services and Tickets provided by the Defaulting Operator.
A Defaulting Operator agrees from the date of termination to immediately cease offering for sale any Tickets.
This clause 8 does not prejudice Aurizon Network’s other rights and remedies in respect of any non-compliance by the End User, Defaulting Operator or any other Operator with the Train Service Description for a Train Service Type.
If such default is not cured within the applicable cure period, Managing Member shall then send such third party operator (each, a "Defaulting Operator") a declaration of default under the applicable Project operating documentation (each, a "Declared Default").
Clause (a) shall survive the termination of this Agreement against a Defaulting Operator under clause 7.1, and a Withdrawing Operator under clause 6, until the Expiry Date.
In connection with any transfer of operatorship pursuant to this Section 3.8, the Parties shall use their reasonable best efforts to ensure that the new Operator shall have access to all assets relating to the Assets in which the Parties all hold an ownership interest in the same manner as the Defaulting Operator had prior to any such operatorship transfer, to the extent that a Division of Operatorship has not occurred or this Agreement has not been terminated.
The Revised Nominal Payload for a Train Service Type is the amount which is 98% of the maximum Payload of the Relevant Rollingstock Configuration for the Train Service Type (rounded to the nearest whole tonne) which was the Relevant Rollingstock Configuration for the Train Service Type which was most used in the operation of Train Services for the Train Service Type by the Defaulting Operator during the 12 month period ending on the Assessment Date.