Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p46
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 141155–144325

the revised Advised Delivery Date) or
               inform the First Carrier that it does not wish to proceed
               with the Make Ready Work. In regard to the latter, the
               Second Carrier must pay Make Ready Work costs to the
               extent then incurred by the First Carrier. In the event
               that there is a dispute over the extent of such costs,
               Carriers must engage in dispute resolution, as set out
               in Chapter 2 of the main Code.

           (2)  The First Carrier must not incur any penalty or liability to the
            Second Carrier by reason of any suspension of Make Ready
            Work pursuant to this clause 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 Equipment or space provided for on the
           Tower and/or Tower Site. 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 the event that there is a
           dispute over the extent of such a loss, Carriers must engage in
           dispute resolution, as set out in Chapter 2 of the main Code.

           In this clause, loss means

              (a)  the costs which have been necessarily incurred by the
               First Carrier on the basis of the Order and which will
               not be otherwise reimbursed following the cancellation
               of the Order; and

              (b)  the costs of capital relating to the holding of Equipment
               or space on the Tower and/or Tower Site until use,
               disposal or reuse, and any costs necessarily incurred
               in arranging for such use, disposal or reuse.

           8.  Installation of Equipment by Second Carrier

           (1)  The Second Carrier must install its Equipment in accordance
            with the Work Plan included in its Facilities Access
            Application and within three months of the completion
            of Make Ready Work.

           (2)  In the event that there is a dispute over whether a Second
            Carrier has complied with sub-clause 8(2) of Schedule A1,
            Carriers must engage in dispute resolution, as set out
            in Chapter 2 of the main Code.

           9.  Completion inspection

           (1) Unless Carriers otherwise agree, upon completion of installation work by the Second Carrier, there must be a joint on-site inspection by the First Carrier and Second Carrier to ensure that Make Ready Work and installation work have been satisfactorily completed and to agree whether facilities access and installed Equipment are in accordance with the details of the approved Facilities Access Application.