Common use of Extent of Access Clause in Contracts

Extent of Access. The rights referred to at Clauses 9.1 (Access During Construction) and 9.2 (Access Following Construction) shall not operate or be deemed to operate as a lease of the Facilities or the Site or any part of the Facilities or the Site and hubco shall not have or be entitled to exclusive possession (save to the extent expressly included within the Ancillary Rights) or any estate, right, title or interest in and to the Site or the Facilities but shall occupy the Site as a licensee only. The rights referred to at Clauses 9.1 (Access During Construction) and 9.2 (Access Following Construction) are personal to hubco and the hubco Parties. hubco shall procure that:- all Works carried out at the Site by or on behalf of hubco (whether before, during or after the completion of the Works) shall be carried out in a manner which does not breach any of the Title Conditions or Reserved Rights; and there shall be no action, or omission to act by hubco or a hubco Party, which shall give rise to a right for any person to obtain title to the Site or any part of it. Notwithstanding the terms of Clauses 9.1 and 9.2, or any other rights granted under this Agreement, the Authority shall (if it is the heritable proprietor of the Site), or (if it is not the heritable proprietor of the Site) shall procure that the heritable proprietor of the Site shall, enter into such wayleaves, deeds of servitudes, leases, sub-leases or other similar arrangements with any third party that hubco or any hubco Party may require to be granted in favour of or by any third party, in order to exercise its rights or perform its obligations under this Agreement. The Authority shall enter into (or, where appropriate, shall procure that the heritable proprietor of the Site shall enter into) any such wayleave, deed of servitude, leases, sub-leases or other similar agreement as soon as reasonably practicable after hubco has provided to the Authority all relevant information in connection therewith provided always that ▇▇▇▇▇ has obtained at its own cost the prior agreement of the third party in terms acceptable to the Authority (acting reasonably). Schedule Part 21 (Protocol for Wayleaves, Servitudes and other related Instruments) shall apply to the grant of any such wayleaves, deeds of servitude, leases, sub-leases or other similar agreements. hubco shall reimburse the Authority for all costs and expenses reasonably and properly incurred by the Authority (and/or the [Scottish Ministers/heritable proprietor of the Site]) in connection with entering into such wayleaves, deeds of servitude, leases, sub-leases or other similar agreements at the request of hubco.7

Extent of Access. The rights referred to at Clauses 9.1 (Access During Construction) and 9.2 (Access Following Construction) shall not operate or be deemed to operate as a lease of the Facilities or the Site or any part of the Facilities or the Site and hubco shall not have or be entitled to exclusive possession (save to the extent expressly included within the Ancillary Rights) or any estate, right, title or interest in and to the Site or the Facilities but shall occupy the Site as a licensee only. The rights referred to at Clauses 9.1 (Access During Construction) and 9.2 (Access Following Construction) are personal to hubco and the hubco Parties. hubco shall procure that:- all Works carried out at the Site by or on behalf of hubco (whether before, during or after the completion of the Works) shall be carried out in a manner which does not breach any of the Title Conditions or Reserved Rights; and there shall be no action, or omission to act by hubco or a hubco Party, which shall give rise to a right for any person to obtain title to the Site or any part of it. Notwithstanding the terms of Clauses 9.1 and 9.2, or any other rights granted under this Agreement, the Authority shall (if it is the heritable proprietor of the Site), or (if it is not the heritable proprietor of the Site) shall procure that the heritable proprietor of the Site shall, enter into such wayleaves, deeds of servitudes, leases, sub-leases servitudes or other similar arrangements with any third party that hubco or any hubco Party may require to be granted in favour of or by any third party, in order to exercise its rights or perform its obligations under this Agreement. The Authority shall enter into (or, where appropriate, shall procure that the heritable proprietor of the Site shall enter into) any such wayleave, deed of servitude, leases, sub-leases servitude or other similar agreement as soon as reasonably practicable after hubco has provided to the Authority all relevant information in connection therewith provided always that ▇▇▇▇▇ has obtained at its own cost the prior agreement of the third party in terms acceptable to the Authority (acting reasonably). Schedule Part 21 (Protocol for Wayleaves, Servitudes and other related Instruments) shall apply to the grant of any such wayleaves, deeds of servitude, leases, sub-leases or other similar agreements. hubco shall reimburse the Authority for all costs and expenses reasonably and properly incurred by the Authority (and/or the [Scottish Ministers/heritable proprietor of the Site]) in connection with entering into such wayleaves, deeds of servitude, leases, sub-leases servitude or other similar agreements at the request of hubco.7hubco.6 10THE SITE7 Without prejudice to Clause 17, the condition of the Site [subject to Clauses 10.3 and 10.4] between the Execution Date and the Actual Completion Date shall be the sole responsibility of hubco. Accordingly (without prejudice to any other obligation of hubco under this Agreement), hubco shall be deemed to have:- carried out a Ground Physical and Geophysical Investigation and to have inspected and examined the Site and its surroundings and (where applicable) any existing structures or works on, over or under the Site; satisfied itself as to the nature of the Site Conditions, the ground and the subsoil, the form and nature of the Site, the load bearing and other relevant properties of the Site, the risk of injury or damage to property affecting the Site, the nature of the materials (whether natural or otherwise) to be excavated and the nature of the design, work and materials necessary for the execution of the Works; satisfied itself as to the extent and adequacy of the Site and of the rights of access to and through the Site granted hereunder and any accommodation it may require for the purposes of fulfilling its obligations under this Agreement (such as additional land or buildings outside the Site) without prejudice to hubco’s rights under this Agreement in respect of a breach by the Authority of its obligations under Clause 9.1 and/or Clause 9.2; satisfied itself as to the precautions, times and methods of working necessary to prevent any nuisance or interference, whether public or private, being caused to any third parties; and satisfied itself as to the conditions, burdens, restrictions and reservations set out in the Title Conditions and the Reserved Rights. To avoid doubt, ▇▇▇▇▇ accepts full responsibility for all matters referred to in Clause 10.1 [and, subject to Clause 10.3, Clause 10.4 and [Clause 38 (Warranties)],] hubco shall:- not be entitled to make any claim against the Authority of any nature whatsoever (save, if applicable, as expressly provided in Clause 22 (Delay Events)), on any grounds including (without limitation) the fact that incorrect or insufficient information on any matter relating to the Site was given to it by any person, whether or not the Authority or an Authority Party; and be responsible for, and hold the Authority harmless from, cleaning up and/or otherwise dealing with any Contamination at the Site prior to the Actual Completion Date so that it shall at all times comply with its obligations under this Agreement including (without limitation) complying with, at its own cost, any applicable Laws and any Consents, orders, notices or directions of any regulatory body (whether made against the Authority or hubco).

Extent of Access. The rights referred to at Clauses 9.1 (Access During Construction) and 9.2 (Access Following Construction) shall not operate or be deemed to operate as a lease of the Facilities or the Site or any part of the Facilities or the Site and hubco shall not have or be entitled to exclusive possession (save to the extent expressly included within the Ancillary Rights) or any estate, right, title or interest in and to the Site or the Facilities but shall occupy the Site as a licensee only. The rights referred to at Clauses 9.1 (Access During Construction) and 9.2 (Access Following Construction) are personal to hubco and the hubco Parties. hubco shall procure that:- all Works carried out at the Site by or on behalf of hubco (whether before, during or after the completion of the Works) shall be carried out in a manner which does not breach any of the Title Conditions or Reserved Rights; and there shall be no action, or omission to act by hubco or a hubco Party, which shall give rise to a right for any person to obtain title to the Site or any part of it. Notwithstanding 10THE SITE The Authority is solely responsible for the terms extent, adequacy and location of Clauses 9.1 the Site, Site Conditions and 9.2the condition of any existing buildings, structures and works on, over or under the Site. Without prejudice to any other rights granted obligation of hubco under this Agreement, hubco shall be deemed to have:- satisfied itself as to the Authority shall (if it is the heritable proprietor rights of the Site), or (if it is not the heritable proprietor of the Site) shall procure that the heritable proprietor of access to and through the Site shall, enter into such wayleaves, deeds of servitudes, leases, sub-leases or other similar arrangements with granted hereunder and any third party that hubco or any hubco Party accommodation it may require to be granted in favour for the purposes of or by any third party, in order to exercise its rights or perform fulfilling its obligations under this AgreementAgreement (such as additional land or buildings outside the Site) without prejudice to hubco’s rights under this Agreement in respect of a breach by the Authority of its obligations under Clause 9.1 and/or Clause 9.2; satisfied itself as to the precautions, times and methods of working necessary to prevent any nuisance or interference, whether public or private, being caused to any third parties; and satisfied itself as to the conditions, burdens, restrictions and reservations set out in the Title Conditions and the Reserved Rights. Not used. Not used. Without prejudice to Clause 17, following the Actual Completion Date hubco shall be responsible for the costs of cleaning up and/or otherwise dealing with any Contamination which subsequently occurs on any part(s) of the Sites (whether arising from a source on or off Site) to the extent that such Contamination has been caused by hubco either by a breach of its obligations under this Agreement or otherwise due to its act or omission in carrying out the Project Operations and shall reimburse the Authority within [ ] Business Days in respect of all Direct Losses resulting from such Contamination. 11CONSENTS & PLANNING ▇▇▇▇▇▇▇▇▇ 8hubco shall be responsible for:- obtaining the hubco Consents; and [subject to Clause 11.4], implementing each Consent within the period of its validity in accordance with its terms, provided always, hubco shall not be responsible for ensuring that the design or specification of the Works (other than design or specification of the hubco Designed Portion, to the extent that design or specification has been or is to be carried out by or on behalf of hubco) complies with the Consents. In the event that: a Consent that has been granted is subsequently amended, repealed, revoked or otherwise ceases to be in full force and effect in accordance with its terms as a consequence of any action by a Relevant Authority; affected persons are entitled to claim compensation for the adverse effects of such action under a statutory scheme of compensation; and hubco is not entitled in its own name to claim under that scheme but the Authority is so entitled, the Authority must use all reasonable endeavours, at the request, and at the cost of hubco, to claim or to include within its claim such sums as hubco acting reasonably requests and shall pay to hubco the part of any compensation that it receives under that scheme that relates to the sums claimed at the request of hubco. The Authority shall enter into (or, where appropriate, shall procure that i) obtain all Consents (which are not hubco Consents) which may be required for the heritable proprietor performance of the Site Works in sufficient time to allow hubco to comply with the Programme and (ii) ensure that such Consents are maintained. [The Authority shall enter into) any such wayleavebe responsible for discharging, deed of servitude, leases, sub-leases or other similar agreement as soon as reasonably practicable after hubco has provided to implementing and/or complying with the Authority all relevant information Planning Conditions by the dates/during the periods specified in connection therewith provided always the table forming Part C of Section 1 of Schedule Part 5 (Construction Matters).]10 12THE DESIGN CONSTRUCTION AND COMMISSIONING PROCESS hubco shall carry out the Works:- in accordance with the Authority's Construction Requirements; in accordance with ▇▇▇▇▇'s Proposals; and in accordance with the terms of this Agreement. To avoid doubt, the obligations in Clauses 12.1.1, 12.1.2 and 12.1.3 are independent obligations. In particular:- the fact that ▇▇▇▇▇ has obtained at its own cost complied with ▇▇▇▇▇'s Proposals shall not be a defence to an allegation that ▇▇▇▇▇ has not complied with the prior agreement Authority's Construction Requirements; and the fact that ▇▇▇▇▇ has complied with the Authority's Construction Requirements shall not be a defence to an allegation that ▇▇▇▇▇ has failed to comply with ▇▇▇▇▇'s Proposals. Where the Works include a hubco Designed Portion, hubco shall complete the design for the hubco Designed Portion, including the selection of any specifications for the kinds and standards of the third party materials, goods and workmanship to be used in terms acceptable to the Authority (acting reasonably)hubco Designed Portion so far as not described or stated in the Authority’s Construction Requirements or hubco’s Proposals. Schedule Part 21 (Protocol for Wayleaves, Servitudes and other related Instruments) shall apply to Insofar as the grant of any such wayleaves, deeds of servitude, leases, sub-leases or other similar agreements. hubco shall reimburse the Authority for all costs and expenses reasonably and properly incurred by the Authority (and/or the [Scottish Ministers/heritable proprietor design of the Site]) hubco Designed Portion is comprised in connection hubco’s Proposals, in what hubco is to complete in accordance with entering into such wayleavesthis Clause 12.3 and any further design that hubco is required to carry out as a consequence of an Authority Works Variation, deeds hubco warrants that it has used, and will continue to use, the degree of servitudeskill and care in the design of the hubco Designed Portion that would reasonably be expected of a competent professional designer experienced in carrying out design activities of a similar nature, leases, sub-leases or other similar agreements at scope and complexity to those comprised in the request of hubco.7hubco Designed Portion.11