Obligations of HS2 Ltd. In consideration of the rights granted by the Licensor, HS2 Ltd undertakes as follows: 2.1 if HS2 Ltd in its absolute discretion elects to carry out the Surveys, to procure any contractors engaged by HS2 Ltd to carry out the Surveys do so in a good and workmanlike manner; 2.2 to pay to the Licensor in accordance with Annex 2 the Licence Fee (as defined in Annex 2) within 30 days of the date of the Access Date Prior Notice (as defined in clause 2.5.1.1) ; 2.3 to pay to the Licensor in accordance with Annex 2A and within 30 days of receipt of written demand the Licensor’s reasonable and properly incurred professional fees (together with irrecoverable VAT) arising directly in connection with this Licence, subject always to: 2.3.1 the Licensor agreeing with HS2 Ltd their proposed professional fees before incurring them; and 2.3.2 the Licensor providing a valid VAT invoice made out to High Speed Two (HS2) Limited, 0 Xxxxxxxx, Xxxxxxxxx, Xxxxxxxxxx B4 6GA or such other address as notified to the Licensor from time to time PROVIDED THAT the Licensor may not make any written demand under this clause 2.3 prior to the Commencement Date; 2.4 to comply with the ‘Ground investigation delivery guidance notes’ as attached at Annex 3; 2.5 Entry 2.5.1 to provide to the Licensor: 2.5.1.1 at least 10 working days’ prior notice of when access will first be taken under the rights granted by this Licence (“Access Date Prior Notice”); and 2.5.1.2 at least 72 hours’ prior notice (except in case of emergency) for each period of subsequent access and follow on or monitoring activities which will form part of the Surveys;
Appears in 1 contract
Samples: Access Agreement
Obligations of HS2 Ltd. In consideration of the rights granted by the Licensor, HS2 Ltd undertakes as follows:
2.1 if HS2 Ltd in its absolute discretion elects to carry out the Surveys, to procure any contractors engaged by HS2 Ltd to carry out the Surveys do so in a good and workmanlike manner;
2.2 to pay to the Licensor in accordance with Annex 2 2:
2.2.1 the Licence Fee (as defined in Annex 2) within 30 days of the date of the Access Date Prior Notice (as defined in clause 2.5.1.1) ;
2.2.2 any reasonable and proper Subsequent Survey Payments (as defined in Annex 2) quarterly in arrears and to provide the Licensor with a schedule detailing a breakdown of such payments;
2.2.3 in the case of agricultural land any Crop Loss Payment (as defined in Annex 2) if applicable; and
2.2.4 any Monitoring Facilities Payment that is applicable (as defined in and payable in accordance with the provisions of clause 4 and Annex 2).
2.3 to pay to the Licensor in accordance with Annex 2A and within 30 days of receipt of written demand the Licensor’s reasonable and properly incurred professional fees (together with irrecoverable VAT) arising directly in connection with this Licence, subject always to:
2.3.1 the Licensor agreeing with HS2 Ltd their proposed professional fees before incurring them; and
2.3.2 the Licensor providing a valid VAT invoice made out to High Speed Two (HS2) Limited, 0 Xxxxxxxx, Xxxxxxxxx, Xxxxxxxxxx B4 6GA or such other address as notified to the Licensor from time to time PROVIDED THAT the Licensor may not make any written demand under this clause 2.3 prior to the Commencement Date;
2.4 in the case of any works involving breaking the soil (including, without limitation, carrying out excavations or bore holing) (“Intrusive Works”) comprised in any of the Surveys, to comply with the ‘Ground investigation delivery guidance notesGuidance Notes’ for the Surveys as attached at set out in Annex 3;
2.5 Entry
2.5.1 to provide to the Licensor:
2.5.1.1 at least 10 working days’ prior notice of when access will first be taken under the rights granted by this Licence (“Access Date Prior Notice”); and
2.5.1.2 at least 72 hours’ prior notice (except in case of emergency) for each period of subsequent access and follow on or monitoring activities which will form part of the Surveys;
2.5.2 in advance of the Access Date Prior Notice HS2 Ltd will:
2.5.2.1 explain the Surveys in reasonable detail to the Licensor or its nominated representative PROVIDED THAT if HS2 Ltd and/or those authorised by it have already provided such explanation of the Surveys HS2 Ltd will not be required to provide such explanation again under this clause 2.5.2.1; and
2.5.2.2 identify and agree with the Licensor or its nominated representative (all parties acting reasonably, promptly and diligently) the parts of the Property to be occupied for the purpose of carrying out the Surveys and the associated access routes over the Property. A written record of such agreed parts of the Property and access routes shall be provided to the Licensor prior to or as part of the Access Date Prior Notice PROVIDED THAT:
(a) HS2 Ltd and the Licensor may agree further access routes over the Property after the date of the Access Date Prior Notice; and
(b) no further Licence Fee shall be payable as a result of the parties agreeing further access routes under clause 2.5.2.2(a).
2.5.3 to provide to the Licensor prior to or as part of the Access Date Prior Notice HS2 Ltd’s contractors’ works programme (the “Programme”) which shall detail any Property specific considerations identified by HS2 Ltd;
2.5.4 to agree with the Licensor, who shall act reasonably and promptly, any changes to the Programme and within a reasonable period following agreement of such changes to provide the Licensor with an updated Programme in writing;
2.6 Making good 2.6.1 where the Surveys do not include any Intrusive Works:
2.6.1.1 within a reasonable timeframe following completion of the Surveys to make good to the Licensor’s reasonable satisfaction any physical damage HS2 Ltd has caused to the Property as a result of undertaking the Surveys; or
2.6.1.2 (if so agreed otherwise) to reimburse the reasonable and proper costs incurred by the Licensor in making good such damage within a reasonable period of demand (being not less than 30 days); and
2.6.1.3 no payments will be due under this clause 2.6.1 from HS2 Ltd to the Licensor at any time during which the works required or costs payable under clause 2.6.1.1 or clause
2.6.1.2 are in dispute or awaiting determination under clause 5.2.
Appears in 1 contract
Samples: Access Licence
Obligations of HS2 Ltd. In consideration of the rights granted by the Licensor, HS2 Ltd undertakes as follows:
2.1 if HS2 Ltd in its absolute discretion elects to carry out the Surveys, to procure any contractors engaged by HS2 Ltd to carry out the Surveys do so in a good and workmanlike manner;
2.2 to pay to the Licensor in accordance with Annex 2 2:
2.2.1 the Licence Fee (as defined in Annex 2) within 30 days of the date of the Access Date Prior Notice (as defined in clause 2.5.1.1) ;
2.2.2 any reasonable and proper Subsequent Survey Payments (as defined in Annex 2) quarterly in arrears and to provide the Licensor with a schedule detailing a breakdown of such payments;
2.2.3 in the case of agricultural land any Crop Loss Payment (as defined in Annex 2) if applicable; and
2.2.4 any Monitoring Facilities Payment that is applicable (as defined in and payable in accordance with the provisions of clause 4 and Annex 2).
2.3 to pay to the Licensor in accordance with Annex 2A and within 30 days of receipt of written demand the Licensor’s reasonable and properly incurred professional fees (together with irrecoverable VAT) arising directly in connection with this Licence, subject always to:
2.3.1 the Licensor agreeing with HS2 Ltd their proposed professional fees before incurring them; and
2.3.2 the Licensor providing a valid VAT invoice made out to High Speed Two (HS2) Limited, 0 Xxxxxxxx, Xxxxxxxxx, Xxxxxxxxxx B4 6GA or such other address as notified to the Licensor from time to time PROVIDED THAT the Licensor may not make any written demand under this clause 2.3 prior to the Commencement Date;
2.4 in the case of any works involving breaking the soil (including, without limitation, carrying out excavations or bore holing) (“Intrusive Works”) comprised in any of the Surveys, to comply with the ‘Ground investigation delivery guidance notesGuidance Notes’ for the Surveys as attached at set out in Annex 3;
2.5 Entry
2.5.1 to provide to the Licensor:
2.5.1.1 at least 10 working days’ prior notice of when access will first be taken under the rights granted by this Licence (“Access Date Prior Notice”); and
2.5.1.2 at least 72 hours’ prior notice (except in case of emergency) for each period of subsequent access and follow on or monitoring activities which will form part of the Surveys;
2.5.2 in advance of the Access Date Prior Notice HS2 Ltd will:
2.5.2.1 explain the Surveys in reasonable detail to the Licensor or its nominated representative PROVIDED THAT if HS2 Ltd and/or those authorised by it have already provided such explanation of the Surveys HS2 Ltd will not be required to provide such explanation again under this clause 2.5.2.1; and
2.5.2.2 identify and agree with the Licensor or its nominated representative (all parties acting reasonably, promptly and diligently) the parts of the Property to be occupied for the purpose of carrying out the Surveys and the associated access routes over the Property. A written record of such agreed parts of the Property and access routes shall be provided to the Licensor prior to or as part of the Access Date Prior Notice PROVIDED THAT:
(a) HS2 Ltd and the Licensor may agree further access routes over the Property after the date of the Access Date Prior Notice; and
(b) no further Licence Fee shall be payable as a result of the parties agreeing further access routes under clause 2.5.2.2(a).
2.5.3 to provide to the Licensor prior to or as part of the Access Date Prior Notice HS2 Ltd’s contractors’ works programme (the “Programme”) which shall detail any Property specific considerations identified by HS2 Ltd;
2.5.4 to agree with the Licensor, who shall act reasonably and promptly, any changes to the Programme and within a reasonable period following agreement of such changes to provide the Licensor with an updated Programme in writing;
Appears in 1 contract
Samples: Access Licence
Obligations of HS2 Ltd. In consideration of the rights granted by the Licensor, HS2 Ltd undertakes as follows:
2.1 if HS2 Ltd in its absolute discretion elects to carry out the Surveys, to procure any contractors engaged by HS2 Ltd to carry out the Surveys do so in a good and workmanlike manner;
2.2 to pay to the Licensor in accordance with Annex 2 2:
2.2.1 the Licence Fee (as defined in Annex 2) within 30 days of the date of the Access Date Prior Notice Commencement Date;
2.2.2 any reasonable and proper Subsequent Survey Payments (as defined in clause 2.5.1.1Annex 2) quarterly in arrears; and
2.2.3 in the case of agricultural land any Crop Loss Payment that is applicable (as defined in Annex 2) within 30 days of the agreement or determination of any claim for Crop Loss Payment made by the Licensor;
2.3 to pay to the Licensor in accordance with Annex 2A 2 and within 30 days of receipt of written demand the Licensor’s reasonable and properly incurred professional fees (together with irrecoverable VAT) arising directly in connection with the completion of this LicenceLicence up to the maximum sum of £600 (six hundred pounds) plus irrecoverable VAT, subject always to:
2.3.1 the Licensor agreeing with HS2 Ltd their proposed professional fees before incurring them; and
2.3.2 the Licensor providing a valid VAT invoice made out to High Speed Two (HS2) Limited, 0 Xxxxxxxx, Xxxxxxxxx, Xxxxxxxxxx B4 6GA X0 0XX or such other address as notified to the Licensor from time to time PROVIDED THAT THAT:
2.3.3 the Licensor may not make any written demand under this clause 2.3 prior to the Commencement Date;
2.4 to comply with the ‘Ground investigation delivery guidance notesCode of Practice for the Early Access Agreement’ as attached at set out in Annex 3;
2.5 Entry
2.5.1 to provide to the Licensor:
2.5.1.1 Licensor at least 10 working days72 hours’ prior notice of when access will first be taken under for the rights granted by this Licence (“Access Date Prior Notice”); and
2.5.1.2 at least 72 hours’ prior notice (except in case of emergency) for each period of subsequent access and follow on or monitoring activities which will form part purposes of the Surveys;
Appears in 1 contract
Samples: Early Access Agreement
