FOR THE CONTRACTOR ACCESS, IN ACCORDANCE WITH THE BUS ACCESS PLAN,
TO THE BUS PROPERTY.
(D)
WITHOUT LIMITING CLAUSE 9.3(A), IF THE CONTRACTOR IS UNABLE,
HAVING TAKEN ALL REASONABLE STEPS, TO FINALISE THE DEVELOPMENT OF THE BUS ACCESS
PLAN AS A RESULT OF THE FAILURE OF ANY BUS OPERATOR OR BUS OPERATORS TO
COOPERATE, AND SUCH COOPERATION IS REQUIRED BY THE BUS ACCESS PRINCIPLES, THE
CONTRACTOR MAY REQUEST THE PRINCIPAL, BY WRITTEN NOTICE, TO ASSIST THE
CONTRACTOR IN OBTAINING THE RELEVANT COOPERATION OF THE RELEVANT BUS OPERATOR OR
BUS OPERATORS TO THE BUS ACCESS PLAN, AND THE PRINCIPAL WILL USE ITS BEST
ENDEAVOURS TO DO SO.
9.4
ACCESS TO PROPERTY
(A)
THE CONTRACTOR ACKNOWLEDGES AND WARRANTS THAT PRIOR TO
ENTERING INTO THIS AGREEMENT, IT CARRIED OUT ALL INVESTIGATIONS AND EXAMINATIONS
NECESSARY IN RESPECT OF THE ADEQUACY OF THE ACCESS PROVIDERS PROPERTY AND BUS
PROPERTY AND IT IS SATISFIED THAT THE ACCESS PROVIDERS PROPERTY AND BUS PROPERTY
IS ADEQUATE AND SUFFICIENT FOR THE PROJECT AND FOR IT TO CARRY OUT THE WORK AND
SATISFY ITS OBLIGATIONS UNDER THIS AGREEMENT, INCLUDING THE REQUIREMENTS
DOCUMENT AND THE SOLUTION DOCUMENTATION.
(B)
THE PRINCIPAL MAKES NO REPRESENTATION OR WARRANTY TO THE
CONTRACTOR AS TO THE ADEQUACY OR SUFFICIENCY OF EACH ACCESS PROVIDER'S PROPERTY
OR EACH BUS PROPERTY.
9.5
CONDITIONS OF ACCESS
(A)
THE RIGHTS OF ACCESS TO BE PROCURED PURSUANT TO CLAUSE
9.3(C) ARE FOR THE PURPOSE ONLY OF CARRYING OUT THE WORK AND THE CONTRACTOR WILL
OBTAIN NO LEGAL ESTATE OR OTHER INTEREST IN THE BUS PROPERTY.
(B)
THE CONTRACTOR WILL COMPLY WITH THE BUS ACCESS PRINCIPLES
AND THE BUS ACCESS PLAN AT ALL TIMES.
9.6
DISRUPTION TO BUS OPERATORS
(A)
IF ANY PART OF THE WORK WILL OR MIGHT REASONABLY BE EXPECTED
TO INTERRUPT OR CAUSE ANY OTHER DISRUPTION OF OR DISTURBANCE TO THE CONDUCT OF A
BUS OPERATOR'S OR ANY THIRD PARTY'S BUSINESS, THEN THE CONTRACTOR MUST, EXCEPT
IN AN EMERGENCY, GIVE REASONABLE NOTICE (WITH A TARGET OF GIVING AT LEAST 30
BUSINESS DAYS NOTICE) TO THE PRINCIPAL AND THE BUS OPERATOR OR THIRD PARTY, AS
THE CASE MAY BE, OF THE DETAILS OF THE PART OF THE WORK AND OF ITS PROPOSALS FOR
REDUCING THE LIKELY INTERRUPTION, DISRUPTION OR DISTURBANCE, AND WILL NOT
COMMENCE THE CARRYING OUT OF THAT PART OF THE WORK WITHOUT FIRST OBTAINING THE
PRINCIPAL'S AND THE RELEVANT BUS OPERATOR'S OR THIRD PARTY'S APPROVAL TO IT AND
ITS TIMING (WHICH PRINCIPAL'S APPROVAL SHALL NOT BE UNREASONABLY WITHHELD OR
DELAYED).
(B)
THE CONTRACTOR MUST:
(I)
CARRY OUT THE WORK SO AS TO CO-ORDINATE WITH THE OTHER
OPERATIONS OF THE PRINCIPAL OR BUS OPERATORS ON THE BUS PROPERTY, AND AS FAR AS
REASONABLY PRACTICABLE AVOID INCONVENIENCE OR DISRUPTION TO THOSE OPERATIONS;
(II)
AT ALL TIMES CO-OPERATE WITH AND NOT INTERFERE WITH OR
OBSTRUCT ANY OTHER CONTRACTOR ENGAGED BY THE PRINCIPAL OR THE BUS OPERATORS TO
PERFORM OTHER WORKS ON OR IN THE VICINITY OF THE BUS PROPERTY; AND
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(III)
COMPLY WITH ALL RULES OR REQUIREMENTS REASONABLY IMPOSED BY