Default Access Agreement Clause Samples
A Default Access Agreement clause establishes the terms under which one party is granted access to certain property, systems, or information by default, typically in the absence of a separate, more specific agreement. This clause outlines the scope of access, any limitations or conditions, and the responsibilities of the accessing party, such as maintaining confidentiality or adhering to security protocols. Its core practical function is to ensure that both parties have a clear understanding of access rights and obligations, thereby reducing the risk of disputes or unauthorized use.
Default Access Agreement. (a) This clause 3.3 applies if (and only if) an Access Agreement or Access Agreements which meet the requirements of clause 3.1(a) have not been entered into on or by the Due Date.
(b) A document in the form of the Pro Forma Access Agreement (Default Access Agreement):
(i) is taken to be in full force and effect on and from the Due Date as an access agreement between Aurizon Network and the Access Seeker for the Access Agreement Term; and
(ii) binds Aurizon Network and the Access Seeker on and from the Due Date, whether or not Aurizon Network and the Access Seeker have properly executed that document.
(c) Promptly after:
(i) the Due Date, Aurizon Network must deliver a copy of the Default Access Agreement to the Access Seeker; and
(ii) the copy of the Default Access Agreement is delivered to the Access Seeker, the Access Seeker must duly execute a copy of the Default Access Agreement and deliver it to Aurizon Network.
Default Access Agreement. (a) This clause 3.3 applies if (and only if) an Access Agreement or Access Agreements which meet the requirements of clause 3.1 have not been entered by the date required under clause 3.1.
(b) A document in the form of the Pro Forma Access Agreement (Default Access Agreement):
(i) is taken to be in full force and effect on and from the Due Date as an access agreement between Aurizon Network and the Unit Holder for the Access Agreement Term; and
(ii) binds Aurizon Network and the Unit Holder on and from the Due Date, whether or not:
(iii) the details referred to in clause 3.2, or any of them, have been completed, or are capable of completion, as at the Due Date; or
(iv) Aurizon Network and the Unit Holder have properly executed that document.
(c) After the Due Date:
(i) Aurizon Network must deliver a copy of the Default Access Agreement to the Unit Holder; and
(ii) promptly after the copy of the Default Access Agreement is delivered to the Unit Holder, the Unit Holder must duly execute a copy of the Default Access Agreement and deliver it to Aurizon Network.
Default Access Agreement. If a Party gives a notice under clause 11.1(a) and:
(a) QR Network and the Customer have not entered into an Access Holder Access Agreement; or
(b) QR Network and the Customer’s nominated Railway Operator have not entered into an Operator Access Agreement, (as applicable) before the Available Date for the last of the Customer’s Segments to become Available, then an Access Holder Access Agreement will be taken to be in full force and effect between QR Network and the Customer on and from the Available Date for the last of the Customer’s Segments to become Available and will bind QR Network and the Customer on and from that date whether or not QR Network and the Customer have executed the Access Holder Access Agreement.