Status of Developer. The Developer acknowledges and accepts that: (a) it is not a Utility Operator under the Code and does not have any right to enter or undertake any works or other activities within the Road (and will not have an automatic right of access under this Agreement) and, as a result: (i) the Developer requires the authorisation of AT to enter into the Road and to undertake and maintain the Works; (ii) any right of the Developer under this Agreement is subject to the rights and obligations of AT and Utility Operators under the Code or at law; (iii) acknowledges and accepts that AT cannot, and is not obliged to, require any Utility Operator to comply with the Code in relation to the Developer or the Works; (iv) to the extent that the Code is applied by this Agreement, the provisions of this Agreement prevail over the provisions of the Code; (b) it is responsible for obtaining and complying with, and bears all risk in relation to, any Approval required for the Works, including the maintenance of the Works; (c) the entry into of this Agreement by AT does not constitute approval or other acceptance of the Works or access to the Road by AT in its capacity as the road controlling authority or otherwise.
Appears in 2 contracts
Sources: Agreement for Works in the Road Corridor, Agreement for Works in the Road Corridor