Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p64
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 197616–200862

of the First Carrier under this
           Code. The First Carrier must complete any work for which
           it is responsible under this Code as soon as reasonably
           practicable following such consultation.

           5. Delivery of Access

           (1)  A First Carrier must notify the Second Carrier of Delivery
            of Access by a facsimile advice, at the completion of Make
            Ready Work done by the First Carrier.

           (2)  Prior to the Delivery of Access, the First Carrier must
            perform all Make Ready Work which it has agreed
            to perform and perform that work as soon as reasonably
            practicable.

           6.  Variation of Make Ready Work

           (1)  If, after the commencement of specific Make Ready Work,
           the First Carrier determines that the actual cost of carrying
           out the Make Ready Work is likely to exceed the Make
           Ready Costs specified in the acceptance of the Order
           by more than a certain proportion as agreed between the
           parties because of unforeseen circumstances
           or circumstances beyond its control:

              (i)  the First Carrier must immediately suspend all work
              on the Make Ready Work and advise the Second Carrier
              accordingly; and

              (ii)  as soon as practicable, the First Carrier must provide
              a Work Variation Report to the Second Carrier setting
              out the nature and extent of the additional Make Ready
              Work, the revised Make Ready Costs and any revised
              Advised Delivery Date; and

              (iii) upon receipt of a Work Variation Report, the Second
              Carrier must either request the First Carrier to carry out
              the Make Ready Work at the revised Make Ready Costs
              (and by the revised Delivery Date) or inform the First
              Carrier that it does not wish to proceed with the Make
              Ready Work (in which case the Second Carrier will be
              liable to pay Make Ready Costs only to the extent then
              incurred by the First Carrier).

           (2)  The First Carrier must not incur any penalty or liability to the
            Second Carrier by reason of the suspension of Make Ready
            Work pursuant to this paragraph and the Advised Delivery
            Date will, to the extent required, be adjusted to take into
            account the additions to or variations in Make Ready Work.

           7.  Cancellation and variation
            of accepted Orders

           If the Second Carrier cancels or varies its Order between the date
           of acceptance and the Advised Delivery Date, the First Carrier
           must make reasonable endeavours to mitigate any loss by seeking
           to re-use the Equipment or Underground Facility. The Second
           Carrier must pay the amount of any loss suffered by the First
           Carrier, to the extent that it has not been mitigated.

           In this paragraph, 'loss' means

           (a)  the costs which have been necessarily incurred by the First
            Carrier on the basis of the Order and which will not