Common use of Access for Concessionaire Clause in Contracts

Access for Concessionaire. 8.1.1 Without prejudice to but subject to the provisions of Sections 8.1.2, 8.2 [Duration], 8.3 [Limitations], 8.15 [MOT Section Works] and 10 [Security Of The Site], the Province grants to the Concessionaire, for itself and its contractors, subcontractors, agents and employees, a non-exclusive licence for the periods referred to in Section 8.2 [Duration] to have access to and use of so much of the Site and the Adjacent Areas as may be required from time to time to permit the Concessionaire to carry out the Operations, in each case subject to the provisions of this Agreement and to: 8.1.1.1 all rights of public passage or access existing over any part of the Project Facilities, the Site or the Adjacent Areas from time to time; 8.1.1.2 subject to the provisions of Section 14.4.2, the right of any Governmental Authority under any Laws and Regulations or pursuant to any Legal Requirement to have access to the Project Facilities, the Site or the Adjacent Areas; 8.1.1.3 the rights of Users to use the Concession Highway or any part or parts thereof and of the public to use any Connecting Roads or other private and public roads or highways; 8.1.1.4 the rights of access referred to in Section 14.4.1; 8.1.1.5 the right of any relevant highway authority to have access for the execution on or near the Project Facilities, the Site or the Adjacent Areas of any work in fulfilling any function of such highway authority under any Laws and Regulations; 8.1.1.6 the Concession Highway Encumbrances; 8.1.1.7 the terms and conditions of any Rights in respect of land comprising any part or parts of the Site and the Adjacent Areas; 8.1.1.8 all rights over Crown land; and 8.1.1.9 the terms of the Orders and the Requirements of Interested Parties. The Concessionaire acknowledges that as at the date of this Agreement neither the Province nor BCTFA owns the Acquisition Lands, and that the Acquisition Lands, or Rights in respect of land in the Acquisition Lands sufficient to enable the Concessionaire to perform the Operations intended to be performed thereon, are to be acquired by the Province or BCTFA after the date hereof in accordance with the provisions of Section 8.1.2 and, upon such acquisition, will form part of the Site for all purposes of this Agreement. 8.1.2 The Province or BCTFA will acquire each parcel of Acquisition Lands, or Rights in respect of land in each parcel of Acquisition Lands sufficient to enable the Concessionaire to perform the Operations intended to be performed thereon, on or before the Acquisition Date for that parcel of Acquisition Lands. Each of the Province and the Concessionaire shall be responsible for the costs and expenses of acquiring each parcel of Acquisition Lands, or Rights in respect of each parcel of Acquisition Lands, as set out in Part 3 of Schedule 4 [Acquisition Lands and Acquisition Dates] as being their respective responsibility. 8.1.3 The Concessionaire at its expense will provide such information and documentation and such administrative assistance as may be requested by the Province or BCTFA and as the Concessionaire may reasonably be able to provide to assist the Province or BCTFA in completing the acquisition in respect of any Acquisition Lands designated for acquisition by the Concessionaire in accordance with the RFP. 8.1.4 The Province will have the right to extend the Acquisition Date with respect to any parcel of Acquisition Lands: (a) at its option subject to giving notice to the Concessionaire not less than 6 months prior to the original Acquisition Date, unless the Concessionaire demonstrates that doing so will result in the Concessionaire incurring additional costs or experiencing delays in proceeding with the Works in accordance with the Works Schedule (any Dispute as to which will be resolved in accordance with the Disputes Resolution Procedure); and (b) if paragraph (a) is not applicable, by way of an instrument issued by the Province's Representative which, for purposes of this Section 8.1.4, will be deemed to be a Province Change and the provisions of Part 2 of Schedule 13 [Province Changes] will apply accordingly (except that the Concessionaire will not be entitled to refuse to deliver a Change Appraisal pursuant to paragraph 5.1 of Part 2 of Schedule 13 [Changes]). The Concessionaire, by notice to the Province given not less than 6 months prior to the proposed new Acquisition Date, may request a change in the Acquisition Date with respect to any parcel of Acquisition Lands and the Province, to the extent it is reasonably able to do so, will endeavour to accommodate such request, provided that the Concessionaire will bear and will reimburse the Province or BCTFA (as the case may be) on demand for, and will indemnify and hold the Province or BCTFA (as the case