Common use of Access to LFC (End User) Equipment Clause in Contracts

Access to LFC (End User) Equipment. If the supply of any Service requires any LFC (End User) Equipment to be installed on End User Premises or a NBAP then: (a) the LFC will be responsible for obtaining any building or land owner authorisation, licence or consent, including for access to any applicable Third Party Premises, necessary for the LFC to construct, install (including pre-installation design work), inspect, maintain, replace or relocate and own that LFC (End User) Equipment at, or remove it from, those End User Premises or NBAPs, and to connect that LFC (End User) Equipment to the rest of the LFC Network, subject to and in accordance with the following: (i) the Service Provider will use all reasonable endeavours to obtain and provide to the LFC contact and other information (including information that the LFC reasonably requests the Service Provider to obtain and provide because the LFC considers it necessary for the LFC to properly assess what authorisations, licences or consents are necessary, and after that to obtain those authorisations, licences or consents) about: (A) an End User and the End User Premises or a NBAP (including, in the case of an End User Tenancy, contact information for the relevant MDU building owner or body corporate (as applicable)); and (B) the broader circumstances of, or affecting, the End User and the End User Premises or a NBAP, including whether any Third Party Premises may be involved, and the Service Provider shall use its reasonable endeavours to ensure that all such information is correct and complete at the time it is provided, provided that the Service Provider has no liability to the LFC in the event that information provided by the End User is not accurate; (ii) the LFC will have sole discretion as to the extent to which it uses any rights or powers available to it (including under the Telecommunications Act 2001) to obtain, maintain, or enforce such required authorisation, licence or consent; and (iii) any conditions which a third party seeks to impose on the giving of its authorisation, licence or consent in respect of Third Party Premises must be acceptable to the LFC (acting reasonably). For this purpose, payment by the LFC of any rental or other fee, or an amount on account of the third party’s costs or expenses, in connection with procuring or maintaining that authorisation, licence or consent shall be considered unreasonable; (b) where the End User is not an Exempted End User: (i) the Service Provider will procure that an End User, who occupies the End User Premises or NBAP (in each case whether as a tenant, licensee or otherwise) and is not the sole or joint owner of those End User Premises or NBAP, agrees to obtain the authorisation and consent of the owner(s) of the End User Premises or NBAP for the LFC to construct, install (including pre-installation design work), inspect, maintain, replace or relocate and own the LFC (End User) Equipment at, or remove it from, those End User Premises or NBAP; To avoid doubt the Service Provider’s obligations under this sub-clause (b)(i) will be discharged when it has complied with its obligations under clause 10.2(c) in accordance with clauses 10.2(d) and (f); and the Service Provider agrees that if: (ii) having been requested to do so by the LFC (or its representative) the End User (or its representative) fails to consent to the actual works required for installation of the relevant LFC (End User) Equipment, before the commencement of those works, provided that the LFC (or its representative) will use reasonable endeavours to explore alternative installation options, where practical and only to the extent the alternative does not add installation cost or create installation delay for the LFC, with the End User (or its representative) with a view to obtaining its consent; or (iii) having been requested to do so by the LFC (or its representative) the End User (or its representative) fails to confirm that the End User is bound by the LFC (End User) Terms, before the commencement of any work required to install the relevant LFC (End User) Equipment; or (iv) the LFC’s representatives are denied access to, or otherwise not provided timely and safe access to, End User Premises or a NBAP such that any construction, installation (including pre-installation design work), inspection, maintenance, replacement or relocation of the relevant LFC (End User) Equipment cannot be carried out or completed then: (A) in the case of (ii), (iii), and (iv) above, the LFC is not obliged to proceed with (or complete or continue) the relevant installation or work and/or the supply of Services to those End User Premises or NBAP; and (B) subject to clause 12.3(f), in the case of (ii) and (iv) above, the LFC will be entitled to charge the Service Provider the “Inability To Complete Request” fee for each such occurrence. For the avoidance of doubt, the LFC will not be entitled to charge the “Inability To Complete Request” fee in any instance where: (a) installation of LFC (End User) Equipment has not proceeded due to the End User choosing to retain existing telecommunications services and/or telecommunications infrastructure at the End User Premises or End User Tenancy as the case may be; and (b) where it is not possible to install LFC (End User) Equipment and retain existing telecommunications infrastructure at that End User Premises or End User Tenancy as the case may be. (c) in the case of an Exempted End User: (i) the Service Provider (and not the Exempted End User and not the Reseller) will be liable to the LFC under this Agreement for ensuring that: (A) the LFC has the right to construct, install (including pre-installation design work), inspect, maintain, replace, relocate or remove any LFC (End User) Equipment; and (B) the owner of the End User Premises of the Exempted End User or a NBAP (as applicable) acknowledges (in a manner to be determined in the sole discretion of the Service Provider) that the LFC (not the owner of the End User Premises of the Exempted End User or NBAP) will own any LFC (End User) Equipment, that may at any time be installed on the End User Premises of the Exempted End User or a NBAP (as the case may be) but only to the extent such rights would have been conveyed to the LFC, or otherwise permitted, under the LFC (End User) Terms; and the Service Provider agrees that if: (ii) having been requested to do so by the LFC (or its representative) the End User (or its representative) fails to consent to the actual works required for installation of the relevant LFC (End User) Equipment (including pre-installation design work), before the commencement of those works, provided that the LFC (or its representative) will use reasonable endeavours to explore alternative installation options, where practical and only to the extent the alternative does not add installation cost or create installation delay for the LFC, with the End User (or its representative) with a view to obtaining its consent; or (iii) the LFC’s representatives are denied access to, or otherwise not provided timely and safe access to, the End User Premises or a NBAP such that any construction, installation (including pre-installation design work), inspection, maintenance, replacement or relocation of the relevant LFC (End User) Equipment cannot be carried out or completed, then: (A) the LFC is not obliged to proceed with (or complete or continue) the relevant installation or work and/or the supply of Services to those End User Premises or the NBAP (as the case may be); and (B) subject to clause 12.3(f), the LFC will be entitled to charge the Service Provider the “inability to complete request” fee for each such occurrence; (d) in any case the Service Provider acknowledges that: (i) until all required authorisations, licences or consents are obtained, the LFC is not obliged to proceed with (or complete or continue) the relevant installation or work and/or the supply of Services to the relevant End User Premises or NBAP; and (ii) if the LFC has used its reasonable endeavours to obtain each required authorisation, licence and consent then the LFC shall have no liability arising from any failure to obtain them (except where the LFC elects to proceed with the relevant installation or work and/or the supply of Services to the relevant End User Premises or NBAP notwithstanding this); (e) where the customer of the Service Provider is a Reseller, the Service Provider must procure that the Reseller complies with this clause 12.3, as if references to “Service Provider” were to “Reseller”; and (f) the LFC will not be entitled to charge the “Inability To Complete Request” fee in any instance where:

Access to LFC (End User) Equipment. If the supply of any Input Service requires any LFC (End User) Equipment to be installed on End User Premises or a NBAP Premises, then: (a) the LFC will be responsible for obtaining any building or land owner authorisation, licence or consent, including for access to any applicable Third Party Premises, necessary for the LFC to construct, install (including pre-installation design work), inspect, maintain, replace or relocate and own that LFC (End User) Equipment at, or remove it from, those End User Premises or NBAPsPremises, and to connect that LFC (End User) Equipment to the rest of the LFC Network, subject to and in accordance with the following: (i) the Service Provider Access Seeker will use all reasonable endeavours to obtain and provide to the LFC contact and other information (including information that the LFC reasonably requests the Service Provider Access Seeker to obtain and provide because the LFC considers it necessary for the LFC to properly assess what authorisations, licences or consents are necessary, and after that to obtain those authorisations, licences or consents) about: (A) an End User and the End User Premises or a NBAP (including, in the case of an End User Tenancy, contact information for the relevant MDU building owner or body corporate (as applicable)); and (B) the broader circumstances of, or affecting, the End User and the End User Premises or a NBAPPremises, including whether any Third Party Premises may be involved, and the Service Provider Access Seeker shall use its reasonable endeavours to ensure that all such information is correct and complete at the time it is provided, provided that the Service Provider Access Seeker has no liability to the LFC in the event that information provided by the End User is not accurate; (ii) the LFC will have sole discretion as to the extent to which it uses any rights or powers available to it (including under the Telecommunications Act 2001) to obtain, maintain, or enforce such required authorisation, licence or consent; and (iii) any conditions which a third party seeks to impose on the giving of its authorisation, licence or consent in respect of Third Party Premises must be acceptable to the LFC (acting reasonably). For this purpose, payment by the LFC of any rental or other fee, or an amount on account of the third party’s costs or expenses, in connection with procuring or maintaining that authorisation, licence or consent shall be considered unreasonable; (b) where the End User is not an Exempted for each End User: (i) the Service Provider Access Seeker will procure that an End User, who occupies the End User Premises or NBAP (in each case whether as a tenant, licensee or otherwise) and is not the sole or joint owner of those End User Premises or NBAPPremises, agrees to obtain the authorisation and consent of the owner(s) of the End User Premises or NBAP for the LFC to construct, install (including pre-installation design work), inspect, maintain, replace or relocate and own the LFC (End User) Equipment at, or remove it from, those End User Premises or NBAP; To avoid Premises. For the avoidance of any doubt the Service ProviderAccess Seeker’s obligations under this sub-clause (b)(i12.3(b)(i) will be discharged when it has complied with its obligations under clause 10.2(c) in accordance with clauses 10.2(d) and (f); and the Service Provider Access Seeker agrees that if: (ii) having been requested to do so by the LFC (or its representative) the End User (or its representative) fails to consent to the actual works required for installation of the relevant LFC (End User) Equipment, before the commencement of those works, provided that the LFC (or its representative) will use reasonable endeavours to explore alternative installation options, where practical and only to the extent the alternative does not add installation cost or create installation delay for the LFC, with the End User (or its representative) with a view to obtaining its consent; or (iii) having been requested to do so by the LFC (or its representative) the End User (or its representative) fails to confirm that the End User is bound by the LFC Input Services (End User) Terms, before the commencement of any work required to install the relevant LFC (End User) Equipment; or (iv) the LFC’s representatives are denied access to, or otherwise not provided timely and safe access to, End User Premises or a NBAP such that any construction, installation (including pre-installation design work), inspection, maintenance, replacement or relocation of the relevant LFC (End User) Equipment cannot be carried out or completed then: (A) in the case of (ii), clauses 12.3(b)(ii) and (iii), and (iv) above, the LFC is not obliged to proceed with (or complete or continue) the relevant installation or work and/or the supply of Input Services to those End User Premises or NBAPPremises; and (B) subject to clause 12.3(f), in the case of (ii) and (ivclauses 12.3(b)(ii) above, the LFC will be entitled to charge the Service Provider Access Seeker the “Inability To Complete Request” fee for each such occurrence. For the avoidance of any doubt, the LFC will not be entitled to charge the “Inability To Complete Request” fee in any instance where: (a) installation of LFC (End User) Equipment has not proceeded due to the End User choosing to retain existing telecommunications services and/or telecommunications infrastructure at the End User Premises or End User Tenancy as the case may be; and (b) where it is not possible to install LFC (End User) Equipment and retain existing telecommunications infrastructure at that End User Premises or End User Tenancy as the case may be.; (c) in the case of an Exempted End User: (i) the Service Provider (and not the Exempted End User and not the Reseller) will be liable to the LFC under this Agreement for ensuring that: (A) the LFC has the right to construct, install (including pre-installation design work), inspect, maintain, replace, relocate or remove any LFC (End User) Equipment; and (B) the owner of the End User Premises of the Exempted End User or a NBAP (as applicable) acknowledges (in a manner to be determined in the sole discretion of the Service Provider) that the LFC (not the owner of the End User Premises of the Exempted End User or NBAP) will own any LFC (End User) Equipment, that may at any time be installed on the End User Premises of the Exempted End User or a NBAP (as the case may be) but only to the extent such rights would have been conveyed to the LFC, or otherwise permitted, under the LFC (End User) Terms; and the Service Provider agrees that if: (ii) having been requested to do so by the LFC (or its representative) the End User (or its representative) fails to consent to the actual works required for installation of the relevant LFC (End User) Equipment (including pre-installation design work), before the commencement of those works, provided that the LFC (or its representative) will use reasonable endeavours to explore alternative installation options, where practical and only to the extent the alternative does not add installation cost or create installation delay for the LFC, with the End User (or its representative) with a view to obtaining its consent; or (iii) the LFC’s representatives are denied access to, or otherwise not provided timely and safe access to, the End User Premises or a NBAP such that any construction, installation (including pre-installation design work), inspection, maintenance, replacement or relocation of the relevant LFC (End User) Equipment cannot be carried out or completed, then: (A) the LFC is not obliged to proceed with (or complete or continue) the relevant installation or work and/or the supply of Services to those End User Premises or the NBAP (as the case may be); and (B) subject to clause 12.3(f), the LFC will be entitled to charge the Service Provider the “inability to complete request” fee for each such occurrence; (d) in any case the Service Provider Access Seeker acknowledges that: (i) until all required authorisations, licences or consents are obtained, the LFC is not obliged to proceed with (or complete or continue) the relevant installation or work and/or the supply of Input Services to the relevant End User Premises or NBAPPremises; and (ii) if the LFC has used its reasonable endeavours to obtain each required authorisation, licence and consent then the LFC shall have no liability arising from any failure to obtain them (except where the LFC elects to proceed with the relevant installation or work and/or the supply of Input Services to the relevant End User Premises or NBAP notwithstanding this); (ed) where the customer of the Service Provider Access Seeker is a Reseller, the Service Provider Access Seeker must procure that the Reseller complies with this clause 12.3, as if references to “Service ProviderAccess Seeker” were to “Reseller”; and (fe) the LFC will not be entitled to charge the “Inability To Complete Request” fee in any instance where:where the relevant LFC work is work other than: (a) the installation (including pre-installation design work) of the relevant LFC (End User) Equipment; or (b) other LFC work required by an End User in respect of LFC (End User) Equipment which is initiated by way of an Input Services Service Request.

Access to LFC (End User) Equipment. If the supply of any Service requires any LFC (End User) Equipment to be installed on End User Premises or a NBAP then: (a) the LFC will be responsible for obtaining any building or land owner authorisation, licence or consent, including for access to any applicable Third Party Premises, necessary for the LFC to construct, install (including pre-installation design work)install, inspect, maintain, maintain or replace or relocate and own that LFC (End User) Equipment at, or remove it from, those End User Premises or NBAPs, and to connect that LFC (End User) Equipment to the rest of the LFC Network, subject to and in accordance with the following: (i) the Service Provider will use all reasonable endeavours to obtain and provide to the LFC contact and other information (including information that the LFC reasonably requests the Service Provider to obtain and provide because the LFC considers it necessary for the LFC to properly assess what authorisations, licences or consents are necessary, and after that to obtain those authorisations, licences or consents) about: (A) an End User and the End User Premises or a NBAP (including, in the case of an End User Tenancy, contact information for the relevant MDU building owner or body corporate (as applicable)); and (B) the broader circumstances of, or affecting, the End User and the End User Premises or a NBAP, including whether any Third Party Premises may be involved, and the Service Provider shall use its reasonable endeavours to ensure that all such information is correct and complete at the time it is provided, provided that the Service Provider has no liability to the LFC in the event that information provided by the End User is not accurate; (ii) the LFC will have sole discretion as to the extent to which it uses any rights or powers available to it (including under the Telecommunications Act 2001) to obtain, maintain, or enforce such required authorisation, licence or consent; and (iii) any conditions which a third party seeks to impose on the giving of its authorisation, licence or consent in respect of Third Party Premises must be acceptable to the LFC (acting reasonably). For this purpose, payment by the LFC of any rental or other fee, or an amount on account of the third party’s costs or expenses, in connection with procuring or maintaining that authorisation, licence or consent shall be considered unreasonable; (b) where the End User is not an Exempted End User: (i) the Service Provider will procure that an End User, who occupies the End User Premises or NBAP (in each case whether as a tenant, licensee or otherwise) and is not the sole or joint owner of those End User Premises or NBAP, agrees to obtain the authorisation and consent of the owner(s) owner/s of the End User Premises or NBAP for the LFC to construct, install (including pre-installation design work)install, inspect, maintain, maintain or replace or relocate and own the LFC (End User) Equipment at, or remove it from, those End User Premises or NBAP; To avoid doubt the Service Provider’s obligations under this sub-clause (b)(i) will be discharged when it has complied with its obligations under clause 10.2(c) in accordance with clauses 10.2(d) and (f); and the Service Provider agrees that if: (ii) having been requested to do so by the LFC (or its representative) the End User (or its representative) fails to consent to the actual works required for installation of the relevant LFC (End User) Equipment, before the commencement of those works, provided that the LFC (or its representative) will use reasonable endeavours to explore alternative installation options, where practical and only to the extent the alternative does not add installation cost or create installation delay for the LFC, with the End User (or its representative) with a view to obtaining its consent; or (iii) having been requested to do so by the LFC (or its representative) the End User (or its representative) fails to confirm that the End User is bound by the LFC (End User) Terms, before the commencement of any work required the works to install the relevant LFC (End User) Equipment; or (iv) the LFC’s representatives are denied access to, or otherwise not provided timely and safe access to, End User Premises or a NBAP such that any construction, the installation (including pre-installation design work), inspection, maintenance, replacement or relocation of the relevant LFC (End User) Equipment cannot be carried out or completed then: (A) in the case of (ii), (iii), ) ,and (iv) above, the LFC is not obliged to proceed with (or complete or continuecomplete) the relevant installation or work and/or the supply of Services to those End User Premises or NBAP; and (B) subject to clause 12.3(f), in the case of (ii) and (iv) above, the LFC will be entitled to charge the Service Provider the “Inability To Complete Requestinability to complete request” fee for each such occurrence. For the avoidance of doubt, the LFC will not be entitled to charge the “Inability To Complete Requestinability to complete request” fee in any instance where: (a) installation of LFC (End User) Equipment has not proceeded due to the End User choosing to retain existing telecommunications services and/or telecommunications infrastructure at the End User Premises or End User Tenancy as the case may be; and (b) where it is not possible to install LFC (End User) Equipment and retain existing telecommunications infrastructure at that End User Premises or End User Tenancy as the case may besuch premises. (c) in the case of an Exempted End User: (i) the Service Provider (and not the Exempted End User and not the Reseller) will be liable to the LFC under this Agreement for ensuring that: : (A) the LFC has the right to construct, install (including pre-installation design work)install, inspect, maintain, replace, relocate replace or remove any LFC (End User) Equipment; and and (B) the owner of the End User Premises of the Exempted End User or a NBAP (as applicable) acknowledges (in a manner to be determined in the sole discretion of the Service Provider) that the LFC (not the owner of the End User Premises of the Exempted End User or NBAP) will own any LFC (End User) Equipment, that may at any time be installed on the End User Premises of the Exempted End User or a NBAP (as the case may be) but only to the extent such rights would have been conveyed to the LFC, or otherwise permitted, under the LFC (End User) Terms; and the Service Provider agrees that if: (ii) having been requested to do so by the LFC (or its representative) the End User (or its representative) fails to consent to the actual works required for installation of the relevant LFC (End User) Equipment (including pre-installation design work)Equipment, before the commencement of those works, provided that the LFC (or its representative) will use reasonable endeavours to explore alternative installation options, where practical and only to the extent the alternative does not add installation cost or create installation delay for the LFC, with the End User (or its representative) with a view to obtaining its consent; or (iii) the LFC’s representatives are denied access to, or otherwise not provided timely and safe access to, the End User Premises or a NBAP such that any construction, the installation (including pre-installation design work), inspection, maintenance, replacement or relocation of the relevant LFC (End User) Equipment cannot be carried out or completed, then: (A) the LFC is not obliged to proceed with (or complete or continuecomplete) the relevant installation or work and/or the supply of Services to those End User Premises or the NBAP (as the case may be); and (B) subject to clause 12.3(f), the LFC will be entitled to charge the Service Provider the “inability to complete request” fee for each such occurrence; (d) in any case the Service Provider acknowledges that: (i) until all required authorisations, licences or consents are obtained, the LFC is not obliged to proceed with (or complete or continuecomplete) the relevant installation or work and/or the supply of Services to the relevant End User Premises or NBAP; and (ii) if the LFC has used its reasonable endeavours to obtain each required authorisation, licence and consent then the LFC shall have no liability arising from any failure to obtain them (except where the LFC elects to proceed with the relevant installation or work and/or the supply of Services to the relevant End User Premises or NBAP NABP notwithstanding this);; and (e) where the customer of the Service Provider is a Reseller, the Service Provider must procure that the Reseller complies with this clause 12.3, as if references to “Service Provider” were to “Reseller”; and (f) the LFC will not be entitled to charge the “Inability To Complete Request” fee in any instance where:.