Common use of Design and installation of Inlet Point Connection Facilities Clause in Contracts

Design and installation of Inlet Point Connection Facilities. (a) The Operator must, at the Shipper's request, design and install or procure the design and installation of any required Inlet Point Connection Facilities. Subject to clause 6.12, the Operator and the Shipper must negotiate and enter into an agreement in respect of the relevant works (an Inlet Point Connection Facilities Works Agreement) by which the Shipper must agree either: (i) to pay the costs incurred by the Operator in connection with such design and installation (which includes the capital cost of acquiring and installing all relevant components of the Inlet Point Connection Facilities), plus a reasonable premium calculated to recognise the Operator's management time and to allow the Operator a reasonable margin on its overhead expenses during design and installation (Relevant Inlet Point Connection Facilities Construction Costs); or (ii) to include the Relevant Inlet Point Connection Facilities Construction Costs as part of the cost base used to calculate the Maintenance Charge relating to the Inlet Point. (b) The Operator must not unreasonably refuse to enter into or delay entering into, or insist upon unreasonable conditions in, an Inlet Point Connection Facilities Works Agreement, but otherwise an Inlet Point Connection Facilities Works Agreement may be on such terms as the Operator and the Shipper agree. (c) The Operator must ensure that Inlet Point Connection Facilities meet the requirements set out in clauses 6.9(a) to 6.9(f). (d) The Shipper must use its reasonable endeavours to assist the Operator in gaining access to any relevant Inlet Point Connection Facilities to which the Operator has no rights of access for the purpose of maintaining and operating those Inlet Point Connection Facilities.