Common use of Access and Installation Clause in Contracts

Access and Installation. 5.1 Our obligation to provide the Services and Equipment depends on our obtaining the necessary licenses, wayleaves, consents, or other permissions to enable us to provide you with the Services. We shall have no liability whatsoever to provide you with the Services and Equipment if they cannot be obtained. Any suggested date of connection is not binding upon us and we give no undertaking whatsoever that we will connect the Equipment or Services on, or by, a certain date, and we will not be liable to you for any delay in connecting the Equipment or Services. 5.2 In order to perform our obligations under this Agreement and in consideration of the Services provided to you, you hereby grant us such licence in respect of your land, buildings and premises (“your land”) as is necessary for us (including our employees and authorised representatives) to provide the Services to you and our other customers, including but not limited to, from time to time, upon giving you reasonable notice (save in any emergency) to enter those parts of your land to install, maintain, adjust, repair, replace, renew, upgrade, inspect or remove, and to keep installed and to operate at or on your land, Equipment and/or telecommunications apparatus. You will at your own expense provide or procure whatever further rights over your land we require from any landlord and/or successor in title and/or any other person with an interest in your land whose consent is legally required to enable us to exercise the rights over land granted pursuant to this paragraph and you will enter into any necessary additional documentation to give effect to the grant of such rights. Each party shall at all times comply with all reasonable instructions of the other party or any third party in relation to the exercise of any rights over your land obtained in accordance with this paragraph. 5.3 Your failure to comply with paragraph 5.2 may result in withdrawal of the Services and termination of this Agreement, and if this happens we will be entitled to continue to enter upon your land to enable us to provide the Services to neighboring customers and/or remove all or part of our Equipment. 5.4 You will indemnify us for all installation costs and expenses that we incur connecting you up to the Network and for all costs and expenses incurred by us for removal of any Equipment and/or telecommunications apparatus from your land and against liability for all third party claims, in the event that you or any person or a successor in title with an interest in your land insists that we remove any or all Equipment and/or telecommunications apparatus from your land. 5.5 We will make every effort to site the Equipment in a location of your choice and will endeavor to comply with any reasonable requests you may have regarding the routing of cables. However in some instances this may not be possible, for technical and other reasons, and if this is the case then we will indicate to you what alternative arrangements for cable routing (if any) we can make. If, for any reason, we are unable to route the cable or you do not accept our routing proposal, this Agreement shall terminate, provided that where the cabling relates only to the provision of certain Services, this Agreement may, at our option, terminate in relation to those Services only. 5.6 You agree to provide at your own cost, suitable facilities, including secure electrical supply and other installations and fittings, for the Equipment and you will comply with our reasonable requests and directions in this regard. You agree that you or a person authorized by you (who is over 18 years of age) will be present at your premises during that part of the connection process that takes there. You may need to prepare your premises in accordance with our reasonable instructions before the Equipment can be installed and Services can be provided to you. You have responsibility for obtaining any rights and permissions necessary in order for us to connect and maintain the Equipment. 5.7 You warrant that you are the current occupier of the Address, and are either the freeholder of the Address or a tenant of the premises under a lease of 12 months or more; and that you are over 18 years of age and legally entitled to sign a contract. 5.8 The terms in this section, including the licence granted by you to us, shall continue in force for as long as we hold the Licence, notwithstanding termination of this Agreement.

Access and Installation. 5.1 Our obligation to provide the Services and Equipment depends on our obtaining the necessary licenses, wayleaves, consents, or other permissions to enable us to provide you with the Services. We shall have no liability whatsoever to provide you with the Services and Equipment if they cannot be obtained. Any suggested date of connection is not binding upon us and we give no undertaking whatsoever that we will connect the Equipment or Services on, or by, a certain date, and we will not be liable to you for any delay in connecting the Equipment or Services. 5.2 In order to perform our obligations under this Agreement and in consideration of the Services provided to you, you hereby grant us such licence in respect of your land, buildings and premises (“your land”) as is necessary for us (including our employees and authorised representatives) to provide the Services to you and our other customers, including but not limited to, from time to time, upon giving you reasonable notice (save in any emergency) to enter those parts of your land to install, maintain, adjust, repair, replace, renew, upgrade, inspect or remove, and to keep installed and to operate at or on your land, Equipment and/or telecommunications apparatus. You will at your own expense provide or procure whatever further rights over your land we require from any landlord and/or successor in title and/or any other person with an interest in your land whose consent is legally required to enable us to exercise the rights over land granted pursuant to this paragraph and you will enter into any necessary additional documentation to give effect to the grant of such rights. Each party shall at all times comply with all reasonable instructions of the other party or any third party in relation to the exercise of any rights over your land obtained in accordance with this paragraph. 5.3 Your failure to comply with paragraph 5.2 may result in withdrawal of the Services and termination of this Agreement, and if this happens we will be entitled to continue to enter upon your land to enable us to provide the Services to neighboring customers and/or remove all or part of our Equipment. 5.4 You will indemnify us for all installation costs and expenses that we incur connecting you up to the Network and for all costs and expenses incurred by us for removal of any Equipment and/or telecommunications apparatus from your land and against liability for all third party claims, in the event that you or any person or a successor in title with an interest in your land insists that we remove any or all Equipment and/or telecommunications apparatus from your land. 5.5 We will make every effort to site the Equipment in a location of your choice and will endeavor to comply with any reasonable requests you may have regarding the routing of cables. However in some instances this may not be possible, for technical and other reasons, and if this is the case then we will indicate to you what alternative arrangements for cable routing (if any) we can make. If, for any reason, we are unable to route the cable or you do not accept our routing proposal, this Agreement shall terminate, provided that where the cabling relates only to the provision of certain Services, this Agreement may, at our option, terminate in relation to those Services only. 5.6 You agree to provide at your own cost, suitable facilities, including secure electrical supply and other installations and fittings, for the Equipment and you will comply with our reasonable requests and directions in this regard. You agree that you or a person authorized by you (who is over 18 years of age) will be present at your premises during that part of the connection process that takes place there. You may need to prepare your premises in accordance with our reasonable instructions before the Equipment can be installed and Services can be provided to you. You have responsibility for obtaining any rights and permissions necessary in order for us to connect and maintain the Equipment. 5.7 You warrant that you are the current occupier of the Address, and are either the freeholder of the Address or a tenant of the premises under a lease of 12 months or more; and that you are over 18 years of age and legally entitled to sign a contract. 5.8 The terms in this section, including the licence granted by you to us, shall continue in force for as long as we hold the Licencelicence, notwithstanding termination of this Agreement.