WHICH RELATE
DIRECTLY OR INDIRECTLY TO THE SOLUTION; OR
(III)
THE ADEQUACY OR SUFFICIENCY
OF THE [
] PROPERTY.
8.
ACCESS
8.1
CONTRACTOR'S ACCESS
(A)
THE ACCESS PROVIDER MUST
PROVIDE THE CONTRACTOR WITH ACCESS, AND OTHERWISE COMPLY WITH ITS OBLIGATIONS,
IN ACCORDANCE WITH THE [
] ACCESS PLAN AND THIS AGREEMENT, INCLUDING THE ACCESS
PRINCIPLES, FOR THE PURPOSE OF ENABLING THE CONTRACTOR TO CARRY OUT THE [
]
WORK.
(B)
IF THE ACCESS PROVIDER
FAILS TO GIVE ACCESS IN ACCORDANCE WITH THE [ ] ACCESS PLAN, THE PRINCIPAL WILL
USE ITS BEST ENDEAVOURS TO PROCURE THE ACCESS PROVIDER TO PROVIDE ALTERNATIVE
ACCESS ON A DATE AND AT A TIME REASONABLY ACCEPTABLE TO THE CONTRACTOR WHICH IS
WITHIN 10 BUSINESS DAYS, OR SUCH OTHER PERIOD AS AGREED BY THE PARTIES, OF THE
DATE FOR THE ORIGINAL ACCESS NOMINATED IN THE [ ] ACCESS PLAN.
(C)
THE ACCESS PROVIDER MUST:
(I)
USE ALL REASONABLE
ENDEAVOURS TO AGREE ALTERNATIVE ACCESS WITH THE CONTRACTOR; AND
(II)
SUBJECT TO THE TERMS OF
THIS AGREEMENT AND THE ACCESS PRINCIPLES, COOPERATE WITH AND NOT INTERFERE WITH
OR OBSTRUCT THE CONTRACTOR OR ANY OTHER CONTRACTOR ENGAGED BY THE CONTRACTOR TO
PERFORM THE [ ] WORK ON OR IN THE VICINITY OF THE [ ] PROPERTY.
(D)
THE RIGHTS OF ACCESS
PROVIDED PURSUANT TO THIS AGREEMENT ARE FOR THE PURPOSE ONLY OF CARRYING OUT THE
[ ] WORK AND INCIDENTAL ACTIVITIES AND THE CONTRACTOR WILL OBTAIN NO LEGAL
ESTATE OR OTHER INTEREST IN THE [ ] PROPERTY.
(E)
THE ACCESS PROVIDER MUST
ACT REASONABLY AND IN GOOD FAITH IN GIVING DIRECTIONS TO, AND IN ALL ITS
DEALINGS WITH THE CONTRACTOR, ITS SUBCONTRACTORS, OFFICERS, EMPLOYEES AND AGENTS
WHILE THE CONTRACTOR OR ITS SUBCONTRACTORS ARE PERFORMING THE [ ] WORK AT THE [
] PROPERTY.
(F)
IF PREPARATORY WORKS BY
OR ON BEHALF OF THE ACCESS PROVIDER ARE REQUIRED IN ORDER TO ENABLE THE
CONTRACTOR TO PERFORM THE WORK THE SCOPE AND TIMING OF SUCH PREPARATORY WORKS
WILL BE AGREED BETWEEN THE ACCESS PROVIDER AND THE CONTRACTOR AND SET OUT IN THE
ACCESS PLAN.
8.2
SERVICES
For the avoidance of doubt, the Contractor must:
(A)
OBTAIN ALL SERVICES
REQUIRED TO UNDERTAKE THE [ ] WORK; AND
(B)
PAY FOR ALL SERVICES
OBTAINED IN RESPECT OF CARRYING OUT THE [ ] WORK,
other than as provided in this Agreement, including the Access Principles and [
] Access Plan.
15
8.3
PRINCIPAL'S ACCESS
(A)
THE ACCESS PROVIDER AND
THE CONTRACTOR AGREE THAT, AT ALL TIMES, THE PRINCIPAL OR ANY PERSON AUTHORISED
BY IT WILL:
(I)
SUBJECT TO NORMAL SAFETY
AND SECURITY CONSTRAINTS AS NOTIFIED BY THE ACCESS PROVIDER, HAVE THE RIGHT OF
ACCESS DURING BUSINESS HOURS OR ON REASONABLE NOTICE TO:
A.
THE SITES WHERE THE [
]
WORK IS BEING CARRIED OUT; AND
B.
ALL OTHER AREAS RELEVANT
TO THE [
] WORK; AND
(II)
BE ENTITLED TO EXERCISE
THIS RIGHT OF ACCESS FOR THE PURPOSES OF:
A.
OBSERVING THE [
] WORK
AND MONITORING COMPLIANCE BY THE CONTRACTOR WITH ITS