Common use of CARRYING OUT OF THE WORKS Clause in Contracts

CARRYING OUT OF THE WORKS. 2.1 Forthwith following the date of this Construction Agreement NGC and the User shall agree the Safety Rules and Local Safety Instructions to apply during the Construction Programme and Commissioning Programme. Failing agreement within three months of the date of this Construction Agreement the matter shall be referred to the Independent Engineer for determination in accordance with Clause 6 of the Construction Agreement. 2.2 Subject to Clauses 2.3 and 2.4 of this Construction Agreement forthwith following the date of this Construction Agreement NGC shall use its best endeavours to obtain in relation to the NGC Construction Works, and the User shall use its best endeavours to obtain in relation to the User's Works, all Consents. Each shall give advice and assistance to the other to the extent reasonably required by the other in the furtherance of these obligations. Further, each party shall, so far as it is legally able to do so, grant to the other or the Relevant Transmission Licensee all such wayleaves, easements, rights over or interests (but not estates as regards land in England and Wales and not heritable or leasehold interests as regards land in Scotland) in land or any other consents reasonably required by the other or the Relevant Transmission Licensee in order to enable the Works to be expeditiously completed and to enable that other to carry out its obligations to the other under this Construction Agreement and in all cases subject to such terms and conditions as are reasonable. 2.3 The following additional provisions shall apply in respect of the Consents and NGC Construction Works:- 2.3.1 All dates specified in this Construction Agreement are subject to NGC obtaining Consents for the NGC Construction Works in a form acceptable to it within the time required by them to carry out the NGC Construction Works in accordance with the Construction Programme. 2.3.2 In the event of:- (a) the Consents not being obtained by the required date; or (b) the Consents being subject to conditions which affect the dates; or (c) NGC wishing to amend the NGC Construction Works to facilitate the granting of the Consents, NGC shall be entitled to revise the NGC Construction Works (and as a consequence Appendix A to the Bilateral Connection Agreement) and all dates specified in this Construction Agreement and the charges specified in Appendix B to the Bilateral Connection Agreement. For the avoidance of doubt such revisions shall be at NGC's absolute discretion and the consent of the User is not required. 2.3.3 The User shall be regularly updated by NGC in writing or by such other means as the parties may agree as to progress made by NGC from time to time in the obtaining of relevant Consents pursuant to its obligations under Clause 2.2 or 2.3 of this Construction Agreement. 2.4.1 The User shall be liable to pay to NGC:- (a) all NGC's Engineering Charges accrued; and (b) proper and reasonable out-of-pocket expenses incurred and/or paid or which NGC is legally bound to incur or pay in seeking and obtaining the Consents the subject of Clause 2.2 of this Construction Agreement excluding any costs associated with the Seven Year Statement Works and the works specified in Part 2 of Appendix H. The User acknowledges these out of pocket ancillary expenses may include planning inquiries or appeals and the capital costs together with reasonable legal and surveyors costs of landowners or occupiers in acquiring permanent easements or other rights in respect of any electric line or underground cable forming part of the NGC Transmission Connection Asset Works. This sum shall not include any capital costs incurred by NGC, in relation to Connection Sites in England and Wales, or any Relevant Transmission Licensee, in relation to Connection sites in Scotland, in the acquisition by it of the freehold of any land upon which a land charge is payable. NGC shall keep the User informed of the level of such charges and expenses being incurred. The User shall pay such sums within 28 (twenty eight) days of the date of NGC's invoice therefor. 2.4.2 Paragraphs 11.2.3 to 11.2.5 of the CUSC relating to Consents shall apply to the Construction Agreement as if set out here in full.

CARRYING OUT OF THE WORKS. 2.1 Forthwith following the date of this Construction Agreement (i) in respect of Connection Sites in England and Wales NGC and the User shall agree the Safety Rules and Local Safety Instructions to apply during the Construction Programme and Commissioning Programme; and (ii) in respect of Connection Sites in Scotland the User shall agree with the Relevant Transmission Licensee the Safety Rules and Local Safety Instructions to apply during the Construction Programme and Commissioning Programme. Failing agreement within three months of the date of this Construction Agreement the matter shall be referred to the Independent Engineer for determination in accordance with Clause 6 of the Construction Agreement. 2.2 Subject to Clauses 2.3 and 2.4 of this Construction Agreement forthwith following the date of this Construction Agreement NGC shall use its best endeavours to obtain in relation to the NGC Construction Works, and the User shall use its best endeavours to obtain in relation to the User's Works, all Consents. Each shall give advice and assistance to the other to the extent reasonably required by the other in the furtherance of these obligations. Further, each party shall, so far as it is legally able to do so, grant to to, the other in relation to Connection Sites in England and Wales, the other, or in relation to Connection Sites in Scotland, the Relevant Transmission Licensee Licensee, all such wayleaves, easements, rights over or interests (but not estates as regards land in England and Wales and not heritable or leasehold interests as regards land in Scotland) in land or any other consents reasonably required by the other or the Relevant Transmission Licensee in order to enable the Works to be expeditiously completed and to enable that other to carry out its obligations to the other under this Construction Agreement and in all cases subject to such terms and conditions as are reasonable. 2.3 The following additional provisions shall apply in respect of the Consents and NGC Construction Works:- 2.3.1 All dates specified in this Construction Agreement are subject to NGC obtaining Consents for the NGC Construction Works in a form acceptable to it within the time required by them to carry out the NGC Construction Works in accordance with the Construction Programme. 2.3.2 In the event of:- (a) the Consents not being obtained by the required date; or (b) the Consents being subject to conditions which affect the dates; or (c) NGC wishing to amend the NGC Construction Works to facilitate the granting of the Consents, NGC shall be entitled to revise the NGC Construction Works (and as a consequence Appendix A to the Bilateral Connection Agreement) and all dates specified in this Construction Agreement and the charges specified in Appendix B to the Bilateral Connection Agreement. For the avoidance of doubt such revisions shall be at NGC's absolute discretion and the consent of the User is not required. 2.3.3 The User shall be regularly updated by NGC in writing or by such other means as the parties may agree as to progress made by NGC from time to time in the obtaining of relevant Consents pursuant to its obligations under Clause 2.2 or 2.3 of this Construction Agreement. 2.4.1 The User shall be liable to pay to NGC:- (a) all NGC's Engineering Charges accrued; and (b) proper and reasonable out-of-pocket expenses incurred and/or paid or which NGC is legally bound to incur or pay in seeking and obtaining the Consents the subject of Clause 2.2 of this Construction Agreement excluding any costs associated with the Seven Year Statement Works and the works specified in Part 2 of Appendix H. The User acknowledges these out of pocket ancillary expenses may include planning inquiries or appeals and the capital costs together with reasonable legal and surveyors costs of landowners or occupiers in acquiring permanent easements or other rights in respect of any electric line or underground cable forming part of the NGC Transmission Connection Asset Works. This sum shall not include any capital costs incurred by NGC, in relation to Connection Sites in England and Wales, or any Relevant Transmission Licensee, in relation to Connection sites Sites in Scotland, in the acquisition by it of the freehold of any land upon which a land charge is payableland. NGC shall keep the User informed of the level of such charges and expenses being incurred. The User shall pay such sums within 28 (twenty eight) days of the date of NGC's invoice therefor. 2.4.2 Paragraphs 11.2.3 to 11.2.5 of the CUSC relating to Consents shall apply to the Construction Agreement as if set out here in full.

CARRYING OUT OF THE WORKS. 2.1 Forthwith following the date of this Construction Agreement (i) in respect of Connection Sites in England and Wales NGC and the User shall agree the Safety Rules and Local Safety Instructions to apply during the Construction Programme and Commissioning Programme; and (ii) in respect of Connection Sites in Scotland the User shall agree with the Relevant Transmission Licensee the Safety Rules and Local Safety Instructions to apply during the Construction Programme and Commissioning Programme. Failing agreement within three months of the date of this Construction Agreement the matter shall be referred to the Independent Engineer for determination in accordance with Clause 6 of the Construction Agreement. 2.2 Subject to Clauses 2.3 and 2.4 of this Construction Agreement forthwith following the date of this Construction Agreement NGC shall use its best endeavours to obtain in relation to the NGC Construction Works, and the User shall use its best endeavours to obtain in relation to the User's Works, all Consents. Each shall give advice and assistance to the other to the extent reasonably required by the other in the furtherance of these obligations. Further, each party shall, so far as it is legally able to do so, grant to to, the other in relation to Connection Sites in England and Wales, the other, or in relation to Connection Sites in Scotland, the Relevant Transmission Licensee Licensee, all such wayleaves, easements, servitude rights, rights over or interests (but not estates as regards land in England and Wales and not heritable or leasehold interests as regards land in Scotland) in land or any other consents reasonably required by the other or the Relevant Transmission Licensee in order to enable the Works to be expeditiously completed and to enable that other to carry out its obligations to the other under this Construction Agreement and in all cases subject to such terms and conditions as are reasonable. 2.3 The following additional provisions shall apply in respect of the Consents and NGC Construction Works:- 2.3.1 All dates specified in this Construction Agreement are subject to NGC obtaining Consents for the NGC Construction Works in a form acceptable to it within the time required by them to carry out the NGC Construction Works in accordance with the Construction Programme. 2.3.2 In the event of:- (a) the Consents not being obtained by the required date; or (b) the Consents being subject to conditions which affect the dates; or (c) NGC wishing to amend the NGC Construction Works to facilitate the granting of the Consents, NGC shall be entitled to revise the NGC Construction Works (and as a consequence Appendix A to the Bilateral Connection Agreement) and all dates specified in this Construction Agreement and the charges specified in Appendix B to the Bilateral Connection Agreement. For the avoidance of doubt such revisions shall be at NGC's absolute discretion and the consent of the User is not required. 2.3.3 The User shall be regularly updated by NGC in writing or by such other means as the parties may agree as to progress made by NGC from time to time in the obtaining of relevant Consents pursuant to its obligations under Clause 2.2 or 2.3 of this Construction Agreement. 2.4.1 The User shall be liable to pay to NGC:- (a) all NGC's Engineering Charges accrued; and (b) proper and reasonable out-of-pocket expenses incurred and/or paid or which NGC is legally bound to incur or pay in seeking and obtaining the Consents the subject of Clause 2.2 of this Construction Agreement excluding any costs associated with the Seven Year Statement Works and the works specified in Part 2 of Appendix H. The User acknowledges these out of pocket ancillary expenses may include planning inquiries or appeals and the capital costs together with reasonable legal and surveyors costs of landowners or occupiers in acquiring permanent easements or other rights in respect of any electric line or underground cable forming part of the NGC Transmission Connection Asset Works. This sum shall not include any capital costs incurred by NGC, in relation to Connection Sites in England and Wales, in the acquisition by it of the freehold of any land or any Relevant Transmission Licensee, in relation to Connection sites Sites in Scotland, in the acquisition by it of the freehold feuhold of any land upon which a land charge is payableland. NGC shall keep the User informed of the level of such charges and expenses being incurred. The User shall pay such sums within 28 (twenty eight) days of the date of NGC's invoice therefor. 2.4.2 Paragraphs 11.2.3 to 11.2.5 of the CUSC relating to Consents shall apply to the Construction Agreement as if set out here in full.

CARRYING OUT OF THE WORKS. 2.1 Forthwith following the date of this Construction Agreement NGC (i) in respect of Connection Sites in England and Wales The Company and the User shall agree the Safety Rules and Local Safety Instructions to apply during the Construction Programme and Commissioning Programme; and (ii) in respect of Connection Sites in Scotland the User shall agree with the Relevant Transmission Licensee the Safety Rules and Local Safety Instructions to apply during the Construction Programme and Commissioning Programme. Failing agreement within three months of the date of this Construction Agreement the matter shall be referred to the Independent Engineer for determination in accordance with Clause 6 of the Construction Agreement. 2.2 Subject to Clauses 2.3 and 2.4 of this Construction Agreement forthwith following the date of this Construction Agreement NGC The Company shall use its best endeavours to obtain in relation to the NGC Construction Works, and the User shall use its best endeavours to obtain in relation to the User's Works, all Consents. Each shall give advice and assistance to the other to the extent reasonably required by the other in the furtherance of these obligations. Further, each party shall, so far as it is legally able to do so, grant to, in relation to Connection Sites in England and Wales, the other other, or in relation to Connection Sites in Scotland, the Relevant Transmission Licensee Licensee, all such wayleaves, easements, servitude rights, rights over or interests (but not estates as regards land in England and Wales and not heritable or leasehold interests as regards land in Scotland) in land or any other consents reasonably required by the other or the Relevant Transmission Licensee in order to enable the Works to be expeditiously completed and to enable that other to carry out its obligations to the other under this Construction Agreement and in all cases subject to such terms and conditions as are reasonable. 2.3 The following additional provisions shall apply in respect of the Consents and NGC Construction Works:-and 2.3.1 All dates specified in this Construction Agreement are subject to NGC The Company obtaining Consents for the NGC Construction Works in a form acceptable to it within the time required by them to carry out the NGC Construction Works in accordance with the Construction Programme. 2.3.2 In the event of:- (a) the Consents not being obtained by the required date; or (b) the Consents being subject to conditions which affect the dates; or (c) NGC The Company wishing to amend the NGC Construction Works to facilitate the granting of the Consents, NGC The Company shall be entitled to revise the NGC Construction Works (and as a consequence Appendix A to the Bilateral Connection Agreement) and all dates specified in this Construction Agreement and the charges specified in Appendix B to the Bilateral Connection Agreement. For the avoidance of doubt such revisions shall be at NGCThe Company 's absolute discretion and the consent of the User is not required. 2.3.3 The User shall be regularly updated by NGC The Company in writing or by such other means as the parties may agree as to progress made by NGC The Company from time to time in the obtaining of relevant Consents pursuant to its obligations under Clause 2.2 or 2.3 of this Construction Agreement. 2.4.1 The User shall be liable to pay to NGC:-The Company as part of Final Sums:- (a) all NGCThe Company 's Engineering Charges accrued; and (b) proper and reasonable out-of-pocket expenses incurred and/or paid or which NGC The Company is legally bound to incur or pay in seeking and obtaining the Consents the subject of Clause 2.2 of this Construction Agreement excluding any costs associated with the Seven Year Statement Works and the works specified in Part 2 of Appendix H. The User acknowledges these out of pocket ancillary expenses may include planning inquiries or appeals and the capital costs together with reasonable legal and surveyors costs of landowners or occupiers in acquiring permanent easements or other rights in respect of any electric line or underground cable forming part of the NGC Transmission Connection Asset Works. This sum shall not include any capital costs incurred by NGCThe Company, in relation to Connection Sites in England and Wales, or any Relevant Transmission Licensee, in relation to Connection sites in Scotland, in the acquisition by it of the freehold of any land upon which a land charge is payableor any Relevant Transmission Licensee, in relation to Connection Sites in Scotland, in the acquisition by it of the feuhold of any land. NGC The Company shall keep the User informed of the level of such charges and expenses being incurred. The User shall pay such sums within 28 (twenty eight) days of the date of NGCThe Company 's invoice therefor. 2.4.2 Paragraphs 11.2.3 to 11.2.5 of the CUSC relating to Consents shall apply to the Construction Agreement as if set out here in full.

CARRYING OUT OF THE WORKS. 2.1 Forthwith following the date of this Construction Agreement NGC and the User shall agree with the Relevant Transmission Licensee the Safety Rules and Local Safety Instructions to apply during the Construction Programme and Commissioning Programme. Failing agreement within three months of the date of this Construction Agreement the matter shall be referred to the Independent Engineer for determination in accordance with Clause 6 of the Construction Agreement. 2.2 Subject to Clauses 2.3 and 2.4 of this Construction Agreement forthwith following the date of this Construction Agreement NGC The Company shall use its best endeavours to obtain in relation to the NGC Construction Works, and the User shall use its best endeavours to obtain in relation to the User's Works, all Consents. Each shall give advice and assistance to the other to the extent reasonably required by the other in the furtherance of these obligations. Further, each party shall, so far as it is legally able to do so, grant to the other other, or the Relevant Transmission Licensee Licensee, all such wayleaves, easements, servitude rights, rights over or interests (but not estates as regards land in England and Wales and not heritable or leasehold interests as regards land in Scotland) in land or any other consents reasonably required by the other or the Relevant Transmission Licensee in order to enable the Works to be expeditiously completed and to enable that other to carry out its obligations to the other under this Construction Agreement and in all cases subject to such terms and conditions as are reasonable. 2.3 The following additional provisions shall apply in respect of the Consents and NGC Construction Works:-and 2.3.1 All dates specified in this Construction Agreement are subject to NGC The Company obtaining Consents for the NGC Construction Works in a form acceptable to it within the time required by them to carry out the NGC Construction Works in accordance with the Construction Programme. 2.3.2 In the event of:- (a) the Consents not being obtained by the required date; or (b) the Consents being subject to conditions which affect the dates; or (c) NGC The Company wishing to amend the NGC Construction Works to facilitate the granting of the Consents, NGC The Company shall be entitled to revise the NGC Construction Works (and as a consequence Appendix A to the Bilateral Connection Agreement) and all dates specified in this Construction Agreement and the charges specified in Appendix B to the Bilateral Connection Agreement. For the avoidance of doubt such revisions shall be at NGCThe Company 's absolute discretion and the consent of the User is not required. 2.3.3 The User shall be regularly updated by NGC The Company in writing or by such other means as the parties may agree as to progress made by NGC The Company from time to time in the obtaining of relevant Consents pursuant to its obligations under Clause 2.2 or 2.3 of this Construction Agreement. 2.4.1 The User shall be liable to pay to NGC:-The Company as part of Final Sums:- (a) all NGCThe Company 's Engineering Charges accrued; and (b) proper and reasonable out-of-pocket expenses incurred and/or paid or which NGC The Company is legally bound to incur or pay in seeking and obtaining the Consents the subject of Clause 2.2 of this Construction Agreement excluding any costs associated with the Seven Year Statement Works and the works specified in Part 2 of Appendix H. The User acknowledges these out of pocket ancillary expenses may include planning inquiries or appeals and the capital costs together with reasonable legal and surveyors costs of landowners or occupiers in acquiring permanent easements or other rights in respect of any electric line or underground cable forming part of the NGC Transmission Connection Asset Works. This sum shall not include any capital costs incurred by NGC, in relation to Connection Sites in England and Wales, or any Relevant Transmission Licensee, in relation to Connection sites in ScotlandThe Company, in the acquisition by it of the freehold of any land upon which a in England and Wales or the feuhold of any land charge is payablein Scotland in relation to Connection Sites. NGC The Company shall keep the User informed of the level of such charges and expenses being incurred. The User shall pay such sums within 28 (twenty eight) days of the date of NGCThe Company 's invoice therefor. 2.4.2 Paragraphs 11.2.3 to 11.2.5 of the CUSC relating to Consents shall apply to the Construction Agreement as if set out here in full.