EACH PERIOD OF CONTINUOUS
ACCESS AT THE TIME SPECIFIED IN THE [
] ACCESS PLAN, REGARDLESS OF WHETHER
THE TASK FOR WHICH THAT PERIOD OF ACCESS WAS ALLOCATED HAS BEEN COMPLETED;
(II)
UNLESS OTHERWISE AGREED BY
THE CONTRACTOR AND ACCESS PROVIDER OR SPECIFICALLY PERMITTED BY THE [
] ACCESS
PLAN, AT THE CONCLUSION OF EACH PERIOD OF CONTINUOUS ACCESS, LEAVE THE [
]
PROPERTY IN THE STATE IN WHICH IT WAS FOUND BY THE CONTRACTOR, OTHER THAN
PERMANENT ALTERATIONS MADE TO THE [
] PROPERTY AS PART OF THE [
] WORK; AND
(III)
UNLESS OTHERWISE AGREED BY
THE CONTRACTOR AND ACCESS PROVIDER, AT THE CONCLUSION OF EACH PERIOD OF
CONTINUOUS ACCESS, LEAVE THE [
] PROPERTY IN A SAFE CONDITION.
10.
OTHER ACTIVITIES
(A)
THE CONTRACTOR MUST:
(I)
DEVELOP THE [ ] ACCESS
PLAN AND CARRY OUT THE [ ] WORK SO AS TO CO-ORDINATE WITH THE OTHER OPERATIONS
OF THE ACCESS PROVIDER ON THE [ ] PROPERTY, AND AS FAR AS REASONABLE PRACTICABLE
AVOID INCONVENIENCE OR DISRUPTION TO THOSE OPERATIONS;
(II)
AS FAR AS REASONABLY
PRACTICABLE AVOID INCONVENIENCE TO THE ACCESS PROVIDER'S CUSTOMERS AND RISK TO
THOSE CUSTOMER'S SAFETY;
(III)
AT ALL TIMES CO-OPERATE WITH
AND NOT INTERFERE WITH OR OBSTRUCT ANY OTHER CONTRACTOR ENGAGED BY THE PRINCIPAL
OR THE ACCESS PROVIDER TO PERFORM OTHER WORKS ON OR IN THE VICINITY OF THE [ ]
PROPERTY; AND
17
(IV)
USE REASONABLE ENDEAVOURS TO
ENSURE THAT THE [ ] WORKS DO NOT INTERFERE WITH THE NORMAL ACTIVITIES OF THE
ACCESS PROVIDER.
(B)
THE CONTRACTOR WILL NOT BE
LIABLE FOR ANY COSTS THAT ARE INCURRED IF THE [ ] WORKS DO INTERFERE WITH THE
ACTIVITIES OF THE ACCESS PROVIDERS OR ANY OTHER CONTRACTOR, PROVIDED THE
CONTRACTOR IS CARRYING OUT THE [ ] WORK IN ACCORDANCE WITH THIS AGREEMENT,
INCLUDING THE ACCESS PRINCIPLES, AND THE [
] ACCESS PLAN.
11.
ALTERNATIVE ACCESS
(A)
WITHOUT LIMITING WHAT
AMOUNTS TO A FAILURE TO ACT IN GOOD FAITH, WHERE AN AMENDMENT PROPOSED UNDER
CLAUSE 6.3 IS FOR ALTERNATIVE ACCESS, THE ACCESS PROVIDER WILL BE DEEMED TO BE
NOT NEGOTIATING IN GOOD FAITH AND ACTING REASONABLY WHERE:
(I)
THE ACCESS PROVIDER
REPEATEDLY OBJECTS TO AMENDMENTS THAT COMPLY WITH THE ACCESS PRINCIPLES;
(II)
THE ACCESS PROVIDER FAILS
TO OFFER ALTERATIVE ACCESS WHICH IS CONSISTENT WITH THE [
] ACCESS PRINCIPLES;
OR
(III)
THE ACCESS PROVIDER OBJECTS
TO AMENDMENTS THAT COMPLY WITH THE ACCESS PRINCIPLES AND RESULT ONLY IN A CHANGE
TO THE TIMING OF THE ACCESS AS SET OUT IN THE [
] ACCESS PLAN, AND THE ACCESS
PROVIDER HAS BEEN GIVEN REASONABLE NOTICE OF THE AMENDMENTS.
FOR THE AVOIDANCE
OF DOUBT, IN ANY CIRCUMSTANCES ONE MONTH WILL CONSTITUTE REASONABLE NOTICE AND
SHORTER PERIODS MAY CONSTITUTE REASONABLE NOTICE DEPENDING ON THE CIRCUMSTANCES.
(B)
WHERE AN AGREED AMENDMENT
TO THE [
] ACCESS PLAN FOR ALTERNATIVE ACCESS IS INCORPORATED INTO THE [
]
ACCESS PLAN BY THE CONTRACTOR IN ACCORDANCE WITH CLAUSE 6.3(E) SUCH ACCESS WILL
BE IDENTIFIED AS ALTERNATIVE ACCESS IN THE REVISED [
]