REQUIREMENTS UNDER CLAUSE
8.4(F).
(I)
WITHIN 10 BUSINESS DAYS OF RECEIPT OF A CORRECTIVE ACTION
PLAN FROM THE CONTRACTOR UNDER CLAUSE 8.4(G)(V), THE PRINCIPAL'S REPRESENTATIVE
MAY GIVE NOTICE TO THE CONTRACTOR THAT THE WHOLE OR PART OF THE CORRECTIVE
ACTION PLAN DOES NOT ADDRESS THE CONCERNS OF THE PRINCIPAL WITH RESPECT TO THE
NON-COMPLIANCES AND DIRECT THE CONTRACTOR TO RESUBMIT A REVISED CORRECTIVE
ACTION PLAN UNDER CLAUSE 8.4(G)(V) WHICH ADDRESSES THE PRINCIPAL'S CONCERNS,
WITHIN 5 BUSINESS DAYS.
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(J)
THE CONTRACTOR MUST PROCEED TO IMPLEMENT AND CARRY OUT ANY
CORRECTIVE ACTION PLAN OR PART OF ANY CORRECTIVE ACTION PLAN WHICH HAS NOT BEEN
REJECTED BY THE PRINCIPAL UNDER CLAUSE 8.4(I).
9.
ACCESS
9.1
ACCESS GENERALLY
(A)
THE PARTIES ACKNOWLEDGE THE IMPORTANCE OF ACCESS TO THE
CONTRACTOR'S ABILITY TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT.
ACCORDINGLY:
(I)
THE PRINCIPAL AGREES TO USE ITS BEST ENDEAVOURS TO
FACILITATE THE PROVISION OF ACCESS TO THE CONTRACTOR IN A TIMELY MANNER TO
ENABLE THE CONTRACTOR TO MEET THE PROJECT TIMETABLE. IN THIS REGARD, THE
PRINCIPAL WILL ACT REASONABLY AND FAIRLY IN GOOD FAITH HAVING REGARD TO THE
INTERESTS OF THE PRINCIPAL, THE PROJECT, THE ACCESS PROVIDERS, THE BUS OPERATORS
AND THE CONTRACTOR;
(II)
THE CONTRACTOR AGREES TO USE ITS BEST ENDEAVOURS TO
COOPERATE WITH ACCESS PROVIDERS AND BUS OPERATORS IN INSTALLING DEVICES IN A WAY
WHICH REASONABLY MINIMISES ADVERSE IMPACTS TO ACCESS PROVIDERS;
(III)
THE PRINCIPAL SHALL USE ITS BEST ENDEAVOURS TO ENSURE THAT
ACCESS PROVIDERS AND BUS OPERATORS AGREE TO USE THEIR BEST ENDEAVOURS TO
COOPERATE WITH THE CONTRACTOR IN ALLOWING THE CONTRACTOR TO HAVE ACCESS IN A WAY
WHICH REASONABLY MINIMISES ADVERSE IMPACTS TO THE CONTRACTOR; AND
(IV)
THE PRINCIPAL SHALL USE BEST ENDEAVOURS TO FACILITATE THE
PROVISION OF ACCESS TO THE CONTRACTOR FROM ADDITIONAL PERSONS TO THE EXTENT THAT
ACCESS TO THEIR PROPERTY IS REQUIRED FOR THE CONTRACTOR TO PERFORM THE WORK
INCLUDING, WHERE APPROPRIATE, UPDATING SCHEDULE 17 TO INCLUDE SUCH PERSONS AS
ACCESS PROVIDERS OR BUS OPERATORS.
(B)
THE CONTRACTOR WILL CO-ORDINATE AND MANAGE ALL ACCESS IT
REQUIRES TO CARRY OUT THE WORK, INCLUDING ACCESS GRANTED UNDER AN ACCESS
COORDINATION AGREEMENT.
(C)
THE CONTRACTOR WILL DEVELOP EACH ACCESS PLAN IN ACCORDANCE
WITH THE SOLUTION DOCUMENTATION AND THE PROJECT DOCUMENTS.
9.2
ACCESS COORDINATION AGREEMENT
(A)
THE CONTRACTOR AND THE PRINCIPAL WILL USE THEIR BEST
ENDEAVOURS TO AMEND THE ACCESS PRINCIPLES AND ENTER INTO AN ACCESS COORDINATION
AGREEMENT WITH EACH ACCESS PROVIDER WHICH INCORPORATES AND COMPLIES WITH THE
RELEVANT ACCESS PRINCIPLES BY THE COMPLETION OF THE NTS SOLUTION REQUIREMENTS
PHASE, OR SUCH OTHER DATE AS THE PARTIES AGREE.
(B)
IF THE INTENTION OF THE PARTIES SET OUT IN CLAUSE 9.2(A) IS
NOT REALISED, IN RESPECT OF EACH ACCESS PROVIDER THAT HAS NOT ENTERED INTO AN
ACCESS COORDINATION AGREEMENT, THE PROFORMA ACCESS AGREEMENT WILL APPLY IN
RELATION TO THE PRINCIPAL AND THE CONTRACTOR ON THE BASIS THAT THE PRINCIPAL
UNDERTAKES ALL OBLIGATIONS AND HAS ALL RIGHTS OF THE ACCESS PROVIDER UNDER THAT
PROFORMA ACCESS AGREEMENT.
(C)
THE CONTRACTOR WILL COMPLY WITH ITS