Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p25
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 76502–79856

or any part of the Eligible
              Facility wholly or substantially unfit for the occupation
              or use or inaccessible by any means of access; or

              (o)  any application for a required consent or a permit for
              the installation and use of the Eligible Facility as part of
              a telecommunication network and telecommunication
              service is finally rejected or cancelled, lapses or is
              otherwise terminated and no further or replacement
              consent or permit can reasonably be obtained; or

              (p)  the Eligible Facility is rendered unfit for the First and/or
              Second Carrier's use by reason of the emergence
              of significant electromagnetic interference; or

              (q)  the First Carrier determines that the Eligible Facility has
              become unsafe or any reason other than a failure to
              maintain in accordance with clause 5.1of this Code.

           (5)  Upon the expiry of the term or earlier termination
           of an access agreement, the Second Carrier must:

              (a) remove its Equipment from the Eligible Facility within
              thirty Business Days;

              (b)  reinstate the Eligible Facility to the same standard, style
              and condition as existed prior to the installation of its
              Equipment; and

              (c)  do such other acts, matters and things as the parties may
              agree,

              and the First Carrier must allow the Second Carrier to enter
              the land on which the Eligible Facility is located in order
           to do so.

           (6)  If, after the termination or expiry of an access agreement the
           Second Carrier has failed to comply with sub-clause 5.8(5),
           the First Carrier may, upon giving reasonable notice, carry
           out any necessary disconnection works and repossess any
           equipment.

           (7)  All reasonable costs of the disconnection described
           in sub-clause 5.8(6) must be paid by:

              (a)  in the case of disconnection due to sub-clause 5.8(1)
              or 5.8(3) or 5.8(4)(f) — the Second Carrier; and

              (b)  in the case of disconnection due to any of sub-clause
              5.8(4) (a), (b), (c), (d), (g). (h), (i), (j), (k), (l), (m), or (n)
              — the party described therein as the other party; and

              (c)  in the case of disconnection due to paragraph 5.8(4)(e)
              — the party affected by the force majeure; and

              (d)  in the case of disconnection due to the failure of the
              First Carrier to maintain the Eligible Facility in
              accordance with clause 5.1 of the main Code, the First
              Carrier.

           (8)  In the event that there is a dispute as to reasonable costs of
           disconnection, pursuant to sub-clause 5.8(7), Carriers must
           engage in dispute resolution, as set out in Chapter 2 of the
           main Code.

           (9)  Termination or expiry of an access agreement does not
           operate as a waiver of any breach by a Carrier of any of its
           provisions and is without prejudice to any rights, liabilities
           or obligations of any Carrier which have