Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p22
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 67370–70755

a Third Party User to agree
           to comply with terms consistent with clause 5.4 of the Code
           in relation to the Third Party User's use of the Eligible Facility
           and, further, that agreement must include suitable
           indemnities by the Third Party User against damage to
           persons or property affording protection for liability and/or
           loss to all parties who share the Eligible Facility.

           (3)  If the equipment of a Third Party User needs to be moved,
           powered down or turned off in order for the Second Carrier
           to install or maintain its Equipment, the Second Carrier is
           responsible for liaising with that Third Party User.

            5.7  Suspension of Access

           (1)  The First Carrier may give a Suspension Notice to the Second
           Carrier after becoming aware of a Suspension Event.
           A Suspension Notice must:

              (a)  cite this paragraph;

              (b)  specify the Suspension Event and the applicable Eligible
               Facility in respect of which the event has occurred;

              (c)  require, if necessary, the Second Carrier to institute
               remedial action in respect of that event; and

              (d)  specify action which may follow due to a failure to
               comply with action required by sub-clause 5.7(1)(c).

           Note: A Suspension Event is defined in Chapter 6.

           (2)  If the Second Carrier fails to institute remedial action, as
           specified in the Suspension Notice, within twenty Business
           Days of receiving the Suspension Notice (Remedy Period),
           the First Carrier may, by notice given to the Second Carrier
           within twenty Business Days after the expiry of the Remedy
           Period:

              (a) refuse to provide the Second Carrier with access
              to Eligible Facilities of a kind similar to that which the
              Suspension Event relates to; and

              (b)  suspend the provision of access to the particular Eligible
              Facility in respect of which the Suspension Event has
              occurred by requiring the Second Carrier to remove
              its Equipment from that Eligible Facility;
              until the remedial action specified in the Suspension Notice
              has been taken.

           (3)  The First Carrier must permit the Second Carrier access to
           its Eligible Facility to permit remedial action to be taken.

           (4)  The First Carrier must provide the Second Carrier with
           access to the Eligible Facility as soon as practicable after
           there no longer exists a reason for suspension and must
           do so at a reasonable cost to the Second Carrier.

            5.8  Termination of Access

           (1)  The Second Carrier may terminate an agreement to access
           an Eligible Facility of the First Carrier by giving the First
           Carrier no less than sixty days prior written notice.

           (2)  The First Carrier may terminate an agreement to access
           an Eligible Facility if it decides to:

              (a)  decommission that Eligible Facility; or

              (b)  enter into a sale or leaseback arrangement in respect
              of that Eligible Facility.

           (3)