Common use of Rights of the Operator Clause in Contracts

Rights of the Operator. 2.1 In consideration of the covenants set out at clause 4 of this Lease and the payment referred to in clause 3, the Grantor and the Interested Party hereby agree that the Operator shall have the following rights for the Term (together, the "Code Rights"): 2.1.1 to install the Apparatus on, through, under or over the Land; 2.1.2 to keep installed the Apparatus, which is on, through, under or over the Land; 2.1.3 to inspect, connect, maintain, adjust, alter, repair, operate or (subject to clause 2.3) upgrade the Apparatus, which is on, through, under or over the Land; 2.1.4 to carry out any works on the Land for or in connection with the installation of the Apparatus on, through, under or over the Land; 2.1.5 to carry out any works on the Land for or in connection with the maintenance, connection, adjustment, alteration, repair, operation or (subject to clause 2.3), the upgrading of the Apparatus, which is on, through, under or over the Land; 2.1.6 to enter the Land with the prior consent of the Grantor not to be reasonably withheld: 2.1.6.1 to inspect, connect, maintain, adjust, alter, repair, operate or (subject to clause 2.3) upgrade the Apparatus, which is on, through, under or over the Land; and 2.1.6.2 in connection with the exercise of the Code Rights 2.1.7 to lop or cut back, or require another person to lop or cut back, any tree or vegetation that interferes or will or may interfere with the Apparatus with the consent of the Grantor not to be unreasonably withheld. 2.1.8 to allow third party access to help maintain, repair or upgrade equipment and utilities with prior written consent from the Grantor which is not to unreasonably be withheld. 2.2 Subject to clause 2.3, the Operator may also share the use of the Apparatus with another Operator and carry out any works to the Apparatus to enable that sharing to take place if necessary consents are in place. 2.3 The Operator may only upgrade or share the Apparatus (and exercise the associated rights set out in clauses 2.1 and 2.2) if: 2.3.1 as a result of the upgrading or sharing, any changes made to the Apparatus have no adverse impact, or no more than a minimal adverse impact, on its appearance; 2.3.2 the upgrading or sharing does not impose any additional burden on the Grantor, including: 2.3.2.1 anything that has an additional adverse effect on the Grantor's enjoyment of the Land; or 2.3.2.2 anything that causes additional loss, damage, or expense to the Grantor. 2.4 The rights of entry set out in clause 2.1 may be exercised by the Operator with or without workmen, vehicles (where appropriate), plant equipment or machinery with the prior written consent of the Grantor not to be unreasonably withheld.

Rights of the Operator. 2.1 In consideration 3.1 The Grantor grants [and the Tenant consents to the grant] to the Operator , for the period until it is terminated in accordance with clause 11, or the Code Rights of the covenants set out at clause 4 of this Lease and the payment referred Operator later come to in clause 3an end, the Grantor and the Interested Party hereby agree that the Operator shall have the following rights for the Term (togetherit and its duly authorised agents to: 3.1.1 install, the "Code Rights"): 2.1.1 to install keep installed and operate the Apparatus in, on, throughunder, under over or over through the LandRoute and to connect to a power supply; 2.1.2 to keep installed the Apparatus, which is on, through, under or over the Land; 2.1.3 to 3.1.2 inspect, connect, maintain, adjusttest, alterinspect, monitoradjust, repair, operate or (subject to clause 2.3) decommission and power down the Apparatus; 3.1.3 1111alter, amend, substitute, and upgrade the Apparatus and add , and to alter the Apparatus whether or not by the addition of Extra Apparatus, which is onkept within the limits of the Route, throughbut not outside those limits without the consent of the Grantor 12[and the Tenant]; and 3.1.4 remove the Apparatus as authorised required or entitled so to do under this Agreement, under or over on or after the Land;coming to an end of this Agreement; and 2.1.4 3.1.5 to carry out any works on the Land Works, with such rights over the Property (but none other) as are necessary, reasonably to gain access to the Route and Apparatus in the execution of the rights granted under this clause 3 .1. The rights so granted to the Operator are to be exercised in accordance with the Operator’s obligations under this Agreement. 3.2 For the purposes of clause 3.1.3, Extra Apparatus is to be treated as kept within the existing Apparatus limits of the Route if it does not involve taking up additional substantially more space within , or enlarging, the Route. 11 The ability of the Operator to install Extra Apparatus within the Route without consent demonstrates the importance of carefully defining and limiting the extent of the Route accurately. It is recommended that the specification for or in connection with the installation of the Apparatus on, through, under or over shows the Land; 2.1.5 to carry out any works on the Land for or in connection with the maintenance, connection, adjustment, alteration, repair, operation or (subject to clause 2.3), the upgrading dimensions of the ApparatusRoute so that if Extra Apparatus involves enlargement of the Route, which is on, through, under or over the Land; 2.1.6 to enter the Land with the prior consent of the Grantor will be required. It may be of significance as imposing an additional burden upon the Grantor and be a ground for not to be reasonably withheld: 2.1.6.1 to inspect, connect, maintain, adjust, alter, repair, operate or (subject to clause 2.3) permitting an upgrade the Apparatus, which is on, through, under or over the Land; and 2.1.6.2 in connection with the exercise of the Code Rights 2.1.7 Apparatus which would otherwise be a void control on the part of the Grantor under r.17(1) of the Electronic Communications Code. 11 The ability of the Operator to lop or cut back, or require another person to lop or cut back, any tree or vegetation install Extra Apparatus within the Route without consent demonstrates the importance of carefully defining and limiting the extent of the Route accurately. It is recommended that interferes or will or may interfere with the specification for the installation of the Apparatus with shows the dimensions of the Route so that if Extra Apparatus involves enlargement of the Route, consent of the Grantor will be required. 12 Delete if the Tenant is the Grantor or if the consent of the Grantor Tenant is not to be unreasonably withheldrequired. 2.1.8 to allow third party access to help maintain, repair or upgrade equipment and utilities with prior written consent from the Grantor which is not to unreasonably be withheld. 2.2 3.3 Subject to clause 2.310.311.6.2, the Apparatus is at all times to remain the property of the Operator. 3.4 For the purposes of clause 3.1, the Operator and its duly authorised agents may also share enter the use of the Apparatus with another Operator and carry out any works Property at reasonable times, subject to the Apparatus to enable that sharing to take place if necessary consents are in place. 2.3 The Operator may only upgrade or share the Apparatus (and exercise the associated rights set out in clauses 2.1 and 2.2) if: 2.3.1 as a result of the upgrading or sharingclause 4.3.64.4, any changes made to the Apparatus have no adverse impact, or no more than a minimal adverse impact, on its appearance; 2.3.2 the upgrading or sharing does not impose any additional burden on the Grantor, including: 2.3.2.1 anything that has an additional adverse effect on the Grantor's enjoyment of the Land; or 2.3.2.2 anything that causes additional loss, damage, or expense to the Grantor. 2.4 The rights of entry set out in clause 2.1 may be exercised by the Operator with or without workmen, vehicles (where appropriate), plant and with workmen, plant, equipment or machinery as may reasonably be required to carry out the Works. 3.5 This clause 3.5 applies where an alteration is made to the Apparatus or it is relocated: 3.5.1 the provisions of this Agreement are to continue to apply to the Property and the Apparatus as altered and, so far as applicable, in the new location; and 3.5.2 each party shall promptly sign a memorandum recording the details of the alterations to the Apparatus and, (if applicable) the new location and any consequential adjustment of the terms of this Agreement, and retain a copy with its part of this Agreement. 3.6 13The Operator may use the Apparatus only for the purpose of providing an electronic communications service (as defined by and construed in accordance with the prior written consent Code) to the Property[ until this Agreement terminates is terminated under clause 10, or until otherwise agreed in writing with the Grantor [and Tenant]]11, or the Code Rights of the Operator later come to an end. 3.7 This Agreement does not, or will not, apply to any part of the Property which is , or becomes , adopted as a highway maintainable at public expense. 3.8 This Agreement does not create the relationship of landlord and tenant between the Grantor not to be unreasonably withheld[or the Tenant] and the Operator in respect of the Property.