Relocations. 5.1 At any time and from time to time during the term of this Agreement, User may with the prior written consent of the RTL (such consent not to be unreasonably withheld or delayed) require the RTL to relocate any RTL Assets either to a different location on the User Land or to the RTL’s or a third party’s land, such consent to be sought and given or refused in accordance with the following procedure:- 5.1.1 User shall serve a written notice on the RTL, which notice shall specify:- (a) the RTL Assets which User wishes to be relocated; (b) the reasons for such wish; (c) the proposed new location for such RTL Assets; and (d) the timing of the carrying out of such relocation. 5.1.2 The RTL shall within one month of receipt of any such notice (or such longer period as shall be reasonably necessary) serve a counter notice stating:- (a) whether or not in its reasonable opinion such Relocation Proposal is acceptable to it; (b) if the Relocation Proposal is not acceptable to the RTL, the grounds for such opinion and the terms of any alternative proposal (the “Alternative Relocation Proposal”) covering so far as relevant the matters referred to in items (a) - (d) of clause 5.1.1 which would be acceptable to the RTL; and (c) in respect of the Relocation Proposal (if accepted) or of any Alternative Relocation Proposal, the costs likely to be incurred in connection with considering the Relocation Proposal or the Alternative Relocation Proposal and effecting the said relocation of the RTL Assets and the proper and reasonable costs of relocating any other equipment that may be necessary as a result of the relocation of those RTL Assets and any consequential losses including payments to third parties incurred as a result of the relocation of those RTL Assets and the proposed manner and timing of payment of the same by User. 5.1.3 If within one month of the date of such counter notice (or such longer period as shall be reasonably necessary) User has not withdrawn the Relocation Proposal and the Parties have not agreed upon it or the Alternative Relocation Proposal (if any) or a variation of either of them (such agreement to include agreement on the costs referred to in item (c) of clause 5.
Appears in 2 contracts
Samples: Interface Agreement, Interface Agreement
Relocations. 5.1 At any time and from time to time during the term of this Agreement, User may with the prior written consent of the RTL NGC (such consent not to be unreasonably withheld or delayed) require the RTL NGC to relocate any RTL NGC Assets either to a different location on the User Land or to the RTLNGC’s or a third party’s land, such consent to be sought and given or refused in accordance with the following procedure:-
5.1.1 User shall serve a written notice on the RTLNGC, which notice shall specify:-
(a) the RTL NGC Assets which User wishes to be relocated;
(b) the reasons for such wish;
(c) the proposed new location for such RTL NGC Assets; and
(d) the timing of the carrying out of such relocation.
5.1.2 The RTL NGC shall within one month of receipt of any such notice (or such longer period as shall be reasonably necessary) serve a counter notice stating:-
(a) whether or not in its reasonable opinion such Relocation Proposal is acceptable to it;
(b) if the Relocation Proposal is not acceptable to the RTLNGC, the grounds for such opinion and the terms of any alternative proposal (the “Alternative Relocation Proposal”) covering so far as relevant the matters referred to in items (a) - (d) of clause 5.1.1 which would be acceptable to the RTLNGC; and
(c) in respect of the Relocation Proposal (if accepted) or of any Alternative Relocation Proposal, the costs likely to be incurred in connection with considering the Relocation Proposal or the Alternative Relocation Proposal and effecting the said relocation of the RTL NGC Assets and the proper and reasonable costs of relocating any other equipment that may be necessary as a result of the relocation of those RTL NGC Assets and any consequential losses including payments to third parties incurred as a result of the relocation of those RTL NGC Assets and the proposed manner and timing of payment of the same by User.
5.1.3 If within one month of the date of such counter notice (or such longer period as shall be reasonably necessary) User has not withdrawn the Relocation Proposal and the Parties have not agreed upon it or the Alternative Relocation Proposal (if any) or a variation of either of them (such agreement to include agreement on the costs referred to in item (c) of clause 5.item
Appears in 2 contracts
Relocations. 5.1 At any time and from time to time during the term of this Agreement, User either Party (the “Requesting Party”) may with the prior written consent of the RTL other Party (the “Receiving Party”) (such consent not to be unreasonably withheld or delayed) require the RTL Receiving Party to relocate any RTL Assets either to a different location on the User Requesting Party’s Land or to the RTLReceiving Party’s Land or a third party’s land, such consent to be sought and given or refused in accordance with the following procedure:-
5.1.1 User The Requesting Party shall serve a written notice on the RTLReceiving Party, which notice shall specify:-
(a) the RTL Assets which User the Requesting Party wishes to be relocated;
(b) the reasons for such wish;
(c) the proposed new location for such RTL Assets; and
(d) the timing of the carrying out of such relocation.
5.1.2 The RTL Receiving Party shall within one month of receipt of any such notice (or such longer period as shall be reasonably necessary) serve a counter notice stating:-
(a) whether or not in its reasonable opinion such Relocation Proposal is acceptable to it;
(b) if the Relocation Proposal is not acceptable to the RTLReceiving Party, the grounds for such opinion and the terms of any alternative proposal (the “Alternative Relocation Proposal”) covering so far as relevant the matters referred to in items (a) - (d) of clause 5.1.1 5.
1.1 which would be acceptable to the RTLReceiving Party; and
(c) in respect of the Relocation Proposal (if accepted) or of any Alternative Relocation Proposal, the costs likely to be incurred in connection with considering the Relocation Proposal or the Alternative Relocation Proposal and effecting the said relocation of the RTL Assets and the proper and reasonable costs of relocating any other equipment that may be necessary as a result of the relocation of those RTL Assets and any consequential losses including payments to third parties incurred as a result of the relocation of those RTL Assets and the proposed manner and timing of payment of the same by Userthe Requesting Party.
5.1.3 If within one month of the date of such counter notice (or such longer period as shall be reasonably necessary) User the Requesting Party has not withdrawn the Relocation Proposal and the Parties have not agreed upon it or the Alternative Relocation Proposal (if any) or a variation of either of them (such agreement to include agreement on the costs referred to in item (c) of clause 5.item
Appears in 2 contracts
Samples: Transmission Interface Agreement, Transmission Interface Agreement
Relocations. 5.1 At any time and from time to time during the term of this Agreement, User may with the prior written consent of the RTL (such consent not to be unreasonably withheld or delayed) require the RTL to relocate any RTL Assets either to a different location on the User Land or to the RTL’s or a third party’s landOffshore Platform, such consent to be sought and given or refused in accordance with the following procedure:-
5.1.1 User shall serve a written notice on the RTL, which notice shall specify:-
(a) the RTL Assets which User wishes to be relocated;
(b) the reasons for such wish;
(c) the proposed new location for such RTL Assets; and
(d) the timing of the carrying out of such relocation.
5.1.2 The RTL shall within one month of receipt of any such notice (or such longer period as shall be reasonably necessary) serve a counter notice stating:-
(a) whether or not in its reasonable opinion such Relocation Proposal is acceptable to it;
(b) if the Relocation Proposal is not acceptable to the RTL, the grounds for such opinion and the terms of any alternative proposal (the “Alternative Relocation Proposal”) covering so far as relevant the matters referred to in items (a) - (d) of clause 5.1.1 which would be acceptable to the RTL; and
(c) in respect of the Relocation Proposal (if accepted) or of any Alternative Relocation Proposal, the costs likely to be incurred in connection with considering the Relocation Proposal or the Alternative Relocation Proposal and effecting the said relocation of the RTL Assets and the proper and reasonable costs of relocating any other equipment that may be necessary as a result of the relocation of those RTL Assets and any consequential losses including payments to third parties incurred as a result of the relocation of those RTL Assets and the proposed manner and timing of payment of the same by User.
5.1.3 If within one month of the date of such counter notice (or such longer period as shall be reasonably necessary) User has not withdrawn the Relocation Proposal and the Parties have not agreed upon it or the Alternative Relocation Proposal (if any) or a variation of either of them (such agreement to include agreement on the costs referred to in item (c) of clause 5.1.2) the matter shall be dealt with in accordance with Clause 10.
5.2 Upon approval or settlement of any Relocation Proposal, Alternative Relocation Proposal or variation thereof pursuant to clause 5.1, the RTL shall [(conditionally upon it being able to obtain all necessary licences and consents which it will use reasonable endeavours to do)] relocate or procure the relocation of the relevant RTL Assets as quickly as reasonably practicable (having regard to, amongst other things, technical and operational requirements [and to the availability of all necessary licences and consents]).
5.3 User shall render all reasonable assistance to the RTL in connection with such relocation [licences and consents] and pay to the RTL all costs referred to in item (c) of clause 5.1.2 as agreed or settled pursuant to clause 5.1 provided that all reasonable endeavours are used to minimise such costs and in the event that a Relocation Proposal is withdrawn or consent thereto is reasonably withheld pursuant to clause 5.1, User shall pay to the RTL all costs reasonably incurred by the RTL in connection with considering the Relocation Proposal and any counter notice.
5.4 Such of the provisions of this Agreement as are appropriate and relevant (including the provisions of this clause 5), shall continue to apply to any relocated RTL Assets.
Appears in 1 contract
Samples: Interface Agreement
Relocations. 5.1 At any time and from time to time during the term of this Agreement, User The Company may with the prior written consent of the RTL User (such consent not to be unreasonably withheld or delayed) require the RTL User to relocate any RTL User Assets either to a different location on the User The Company Land or to the RTLUser’s or a third party’s land, such consent to be sought and given or refused in accordance with the following procedure:-
5.1.1 User The Company shall serve a written notice on the RTLUser, which notice shall specify:-
(a) the RTL User Assets which User The Company wishes to be relocated;
(b) the reasons for such wish;
(c) the proposed new location for such RTL User Assets; and
(d) the timing of the carrying out of such relocation.
5.1.2 The RTL User shall within one month of receipt of any such notice (or such longer period as shall be reasonably necessary) serve a counter notice stating:-
(a) whether or not in its reasonable opinion such Relocation Proposal is acceptable to it;
(b) if the Relocation Proposal is not acceptable to the RTLUser, the grounds for such opinion and the terms of any alternative proposal (the “Alternative Relocation Proposal”) covering so far as relevant the matters referred to in items (a) - (d) of clause 5.1.1 5.
1.1 which would be acceptable to the RTLUser; and
(c) in respect of the Relocation Proposal (if accepted) or of any Alternative Relocation Proposal, the costs likely to be incurred in connection with considering the Relocation Proposal or the Alternative Relocation Proposal and effecting the said relocation of the RTL User Assets and the proper and reasonable costs of relocating any other equipment that may be necessary as a result of the relocation of those RTL User Assets and any consequential losses including payments to third parties incurred as a result of the relocation of those RTL User Assets and the proposed manner and timing of payment of the same by UserThe Company.
5.1.3 If within one month of the date of such counter notice (or such longer period as shall be reasonably necessary) User The Company has not withdrawn the Relocation Proposal and the Parties have not agreed upon it or the Alternative Relocation Proposal (if any) or a variation of either of them (such agreement to include agreement on the costs referred to in item (c) of clause 5.
Appears in 1 contract
Samples: Interface Agreement
Relocations. 5.1 At any time and from time to time during the term of this Agreement, User may with the prior written consent of the RTL The Company (such consent not to be unreasonably withheld or delayed) require the RTL The Company to relocate any RTL The Company Assets either to a different location on the User Land or to the RTLThe Company’s or a third party’s land, such consent to be sought and given or refused in accordance with the following procedure:-
5.1.1 User shall serve a written notice on the RTLThe Company, which notice shall specify:-
(a) the RTL The Company Assets which User wishes to be relocated;
(b) the reasons for such wish;
(c) the proposed new location for such RTL The Company Assets; and
(d) the timing of the carrying out of such relocation.
5.1.2 The RTL Company shall within one month of receipt of any such notice (or such longer period as shall be reasonably necessary) serve a counter notice stating:-
(a) whether or not in its reasonable opinion such Relocation Proposal is acceptable to it;
(b) if the Relocation Proposal is not acceptable to the RTLThe Company, the grounds for such opinion and the terms of any alternative proposal (the “Alternative Relocation Proposal”) covering so far as relevant the matters referred to in items (a) - (d) of clause 5.1.1 which would be acceptable to the RTLThe Company; and
(c) in respect of the Relocation Proposal (if accepted) or of any Alternative Relocation Proposal, the costs likely to be incurred in connection with considering the Relocation Proposal or the Alternative Relocation Proposal and effecting the said relocation of the RTL The Company Assets and the proper and reasonable costs of relocating any other equipment that may be necessary as a result of the relocation of those RTL The Company Assets and any consequential losses including payments to third parties incurred as a result of the relocation of those RTL The Company Assets and the proposed manner and timing of payment of the same by User.
5.1.3 If within one month of the date of such counter notice (or such longer period as shall be reasonably necessary) User has not withdrawn the Relocation Proposal and the Parties have not agreed upon it or the Alternative Relocation Proposal (if any) or a variation of either of them (such agreement to include agreement on the costs referred to in item (c) of clause 5.1.2) the matter shall be dealt with in accordance with Clause 10.
5.2 Upon approval or settlement of any Relocation Proposal, Alternative Relocation Proposal or variation thereof pursuant to clause 5.1, The Company shall (conditionally upon it being able to obtain all necessary licences and consents which it will use reasonable endeavours to do) relocate or procure the relocation of the relevant The Company Assets as quickly as reasonably practicable (having regard to, amongst other things, technical and operational requirements and to the availability of all necessary licences and consents).
5.3 User shall render all reasonable assistance to The Company in connection with such relocation licences and consents and pay to The Company all costs referred to in item (c) of clause 5.1.2 as agreed or settled pursuant to clause 5.1 provided that all reasonable endeavours are used to minimise such costs and in the event that a Relocation Proposal is withdrawn or consent thereto is reasonably withheld pursuant to clause 5.1, User shall pay to The Company all costs reasonably incurred by The Company in connection with considering the Relocation Proposal and any counter notice.
5.4 Such of the provisions of this Agreement as are appropriate and relevant (including the provisions of this clause 5), shall continue to apply to any relocated The Company Assets.
Appears in 1 contract
Samples: Interface Agreement
Relocations. 5.1 At any time and from time to time during the term of this Agreement, User the RTL may with the prior written consent of the RTL User (such consent not to be unreasonably withheld or delayed) require the RTL User to relocate any RTL User Assets either to a different location on the User Land or to the RTL’s or a third party’s landRTL Offshore Platform, such consent to be sought and given or refused in accordance with the following procedure:-
5.1.1 User The RTL shall serve a written notice on the RTLUser, which notice shall specify:-
(a) the RTL User Assets which User the RTL wishes to be relocated;
(b) the reasons for such wish;
(c) the proposed new location for such RTL User Assets; and
(d) the timing of the carrying out of such relocation.
5.1.2 The RTL User shall within one month of receipt of any such notice (or such longer period as shall be reasonably necessary) serve a counter notice stating:-
(a) whether or not in its reasonable opinion such Relocation Proposal is acceptable to it;
(b) if the Relocation Proposal is not acceptable to the RTLUser, the grounds for such opinion and the terms of any alternative proposal (the “Alternative Relocation Proposal”) covering so far as relevant the matters referred to in items (a) - (d) of clause 5.1.1 which would be acceptable to the RTLUser; and
(c) in respect of the Relocation Proposal (if accepted) or of any Alternative Relocation Proposal, the costs likely to be incurred in connection with considering the Relocation Proposal or the Alternative Relocation Proposal and effecting the said relocation of the RTL User Assets and the proper and reasonable costs of relocating any other equipment that may be necessary as a result of the relocation of those RTL User Assets and any consequential losses including payments to third parties incurred as a result of the relocation of those RTL User Assets and the proposed manner and timing of payment of the same by Userthe RTL.
5.1.3 If within one month of the date of such counter notice (or such longer period as shall be reasonably necessary) User the RTL has not withdrawn the Relocation Proposal and the Parties have not agreed upon it or the Alternative Relocation Proposal (if any) or a variation of either of them (such agreement to include agreement on the costs referred to in item (c) of clause 5.1.2) the matter shall be dealt with in accordance with Clause 10.
5.2 Upon approval or settlement of any Relocation Proposal, Alternative Relocation Proposal or variation thereof pursuant to clause 5.1, User shall [(conditionally upon it being able to obtain all necessary licences and consents which it will use reasonable endeavours to do)] relocate or procure the relocation of the relevant User Assets as quickly as reasonably practicable (having regard to, amongst other things, technical and operational requirements [and to the availability of all necessary licences and consents]).
5.3 The RTL shall render all reasonable assistance to User in connection with such relocation [licences and consents] and pay to User all costs referred to in item (c) of clause 5.1.2 as agreed or settled pursuant to clause 5.1 provided that all reasonable endeavours are used to minimise such costs and in the event that a Relocation Proposal is withdrawn or consent thereto is reasonably withheld pursuant to clause 5.1, the RTL shall pay to User all costs reasonably incurred by User in connection with considering the Relocation Proposal and any counter notice.
5.4 Such of the provisions of this Agreement as are appropriate and relevant (including the provisions of this clause 5), shall continue to apply to any relocated User Assets.
Appears in 1 contract
Samples: Interface Agreement
Relocations. 5.1 At any time and from time to time during the term of this Agreement, User may with the prior written consent of the RTL [NGC\the RTL] (such consent not to be unreasonably withheld or delayed) require the RTL [NGC\the RTL] to relocate any RTL NGCTransmission Connection Assets either to a different location on the User Land or to the [NGC’s\the RTL’s ’s] or a third party’s land, such consent to be sought and given or refused in accordance with the following procedure:-
5.1.1 User shall serve a written notice on the [NGC\the RTL], which notice shall specify:-
(a) the RTL NGCTransmission Connection Assets which User wishes to be relocated;
(b) the reasons for such wish;
(c) the proposed new location for such RTL NGCTransmission Connection Assets; and
(d) the timing of the carrying out of such relocation.
5.1.2 The RTL [NGC\The RTL] shall within one month of receipt of any such notice (or such longer period as shall be reasonably necessary) serve a counter notice stating:-
(a) whether or not in its reasonable opinion such Relocation Proposal is acceptable to it;
(b) if the Relocation Proposal is not acceptable to the [NGC\the RTL], the grounds for such opinion and the terms of any alternative proposal (the “Alternative Relocation Proposal”) covering so far as relevant the matters referred to in items (a) - (d) of clause 5.1.1 which would be acceptable to the [NGC\the RTL]; and
(c) in respect of the Relocation Proposal (if accepted) or of any Alternative Relocation Proposal, the costs likely to be incurred in connection with considering the Relocation Proposal or the Alternative Relocation Proposal and effecting the said relocation of the RTL NGCTransmission Connection Assets and the proper and reasonable costs of relocating any other equipment that may be necessary as a result of the relocation of those RTL NGCTransmission Connection Assets and any consequential losses including payments to third parties incurred as a result of the relocation of those RTL NGCTransmission Connection Assets and the proposed manner and timing of payment of the same by User.
5.1.3 If within one month of the date of such counter notice (or such longer period as shall be reasonably necessary) User has not withdrawn the Relocation Proposal and the Parties have not agreed upon it or the Alternative Relocation Proposal (if any) or a variation of either of them (such agreement to include agreement on the costs referred to in item (c) of clause 5.item
Appears in 1 contract
Samples: Cusc Accession Agreement
Relocations. 5.1 At 8.1 You may request a transfer at any time and from time to time during the term Term, but We have no obligation to agree to Your request. Room transfers are always subject to the availability of suitable rooms. You may not be eligible for a transfer if You have not complied with Your obligations in this Agreementagreement.
8.2 We reserve the right to relocate You to comparable alternative accommodation during the Term where it is reasonable to do so, User may but if You are asked to move through no fault of Your own You will have the right to terminate this agreement (without having to comply with the prior written consent conditions in clause 7 as an alternative to relocating.
8.3 We may ask You to move to alternative accommodation if You have or are likely to have a contagious disease if We believe that is reasonably necessary for the protection of the RTL (such consent Occupiers and/or Our staff.
8.4 You must not to be unreasonably withheld swap rooms with any Occupier or delayed) require the RTL to relocate any RTL Assets either to move into a different location on the User Land or room without first obtaining Our written consent. You must comply with any conditions attached to the RTL’s or a third party’s land, such consent to be sought and given or refused in accordance with the following procedure:-
5.1.1 User shall serve a written notice on the RTL, which notice shall specify:-
(a) the RTL Assets which User wishes to be relocated;
(b) the reasons for such wish;
(c) the proposed new location for such RTL Assets; and
(d) the timing of the carrying out of such relocationOur consent.
5.1.2 The RTL shall within one month of receipt 8.5 If We relocate You at Your request or because You are in breach of any such notice (or such longer period as of your obligations in this agreement:
8.5.1 We shall be reasonably necessary) serve a counter notice stating:-
entitled to claim damages (a) whether or not in its reasonable opinion such Relocation Proposal is acceptable to it;
(bcompensation) if the Relocation Proposal reason for the transfer is because You are in breach of Your obligations in this agreement;
8.5.2 We shall be entitled to charge You an administration Fee of £50.00 for dealing with a transfer at Your request
8.5.3 You will surrender Your tenancy of the Accommodation on the day that You leave it and on the same day will take a tenancy of the new accommodation for the remainder of the Term;
8.5.4 the tenancy of the new accommodation will be on the same terms as this agreement, except for the description of the Accommodation (which may be amended by a memorandum signed by both parties) and any difference in the amount of the rent payable;
8.5.5 You and Your guarantor will be liable to pay the higher rent, from the date You are given access to more expensive accommodation, if You requests a move to accommodation that is more expensive.
8.6 If the Accommodation is not acceptable to available or fit for occupation and use at the RTL, start of or during the grounds for such opinion and Term the terms of any We may provide either:
8.6.1 temporary alternative proposal (the “Alternative Relocation Proposal”) covering so far as relevant the matters referred to in items (a) - (d) of clause 5.1.1 which would be acceptable to the RTL; and
(c) in respect of the Relocation Proposal accommodation (if accepted) or of any Alternative Relocation Proposal, the costs problem is likely to be incurred in connection with considering resolved within 28 days); or
8.6.2 permanent alternative accommodation (if the Relocation Proposal or the Alternative Relocation Proposal and effecting the said relocation of the RTL Assets and the proper and reasonable costs of relocating any other equipment that problem is unlikely to be resolved within 28 days).
8.7 Temporary alternative accommodation may be necessary as in a result hotel, hostel, guest house or similar and of a similar standard to the relocation Accommodation (or better) for a period of those RTL Assets 28 days without alteration to the Rent. You may choose to decline the offer of a temporary alternative accommodation and any consequential losses including payments instead terminate this tenancy agreement (without having to third parties incurred as a result comply with the conditions in clause 7). If the Accommodation is still not available for occupation after 28 days of You placed in temporary accommodation, then the relocation of those RTL Assets and We will either:
8.7.1 offer You permanent alternative accommodation; or
8.7.2 continue to provide temporary alternative accommodation provided, save that You shall have the proposed manner and timing of payment of right to terminate this agreement (without having to comply with the same by Userconditions in clause 7), if You do not wish to continue living in the temporary alternative accommodation for more than 28 days.
5.1.3 If within one month 8.8 Permanent alternative accommodation will be in a house, flat, studio or hall of residence of a similar standard to the date of such counter notice Accommodation (or such longer period as better) without alteration to the Rent. You shall be reasonably necessary) User accept the permanent alternative if it has similar levels of amenity and is not withdrawn more than 1 km further from their place of study than the Relocation Proposal and the Parties have Accommodation. You may choose to accept permanent alternative accommodation that does not agreed upon it or the Alternative Relocation Proposal meet these criteria (if anyoffered) or terminate this tenancy agreement (without having to comply with the conditions in clause 7.7), but You must make their choice before moving into the permanent alternative accommodation.
8.9 If the Accommodation is not available or fit for occupation at the Commencement Date or during the Term and We (despite reasonable endeavours) are not able to provide alternative accommodation You are entitled to a variation refund of either of them (such agreement all pre-payments you have made to include agreement on the costs referred to in item (c) of clause 5Us and We shall have no further liability under this agreement.
Appears in 1 contract
Samples: Assured Shorthold Tenancy Agreement
Relocations. 5.1 At any time and from time to time during the term of this Agreement, User the RTL may with the prior written consent of the RTL User (such consent not to be unreasonably withheld or delayed) require the RTL User to relocate any RTL User Assets either to a different location on the User RTL Land or to the RTLUser’s or a third party’s land, such consent to be sought and given or refused in accordance with the following procedure:-
5.1.1 User The RTL shall serve a written notice on the RTLUser, which notice shall specify:-
(a) the RTL User Assets which User the RTL wishes to be relocated;
(b) the reasons for such wish;
(c) the proposed new location for such RTL User Assets; and
(d) the timing of the carrying out of such relocation.
5.1.2 The RTL User shall within one month of receipt of any such notice (or such longer period as shall be reasonably necessary) serve a counter notice stating:-
(a) whether or not in its reasonable opinion such Relocation Proposal is acceptable to it;
(b) if the Relocation Proposal is not acceptable to the RTLUser, the grounds for such opinion and the terms of any alternative proposal (the “Alternative Relocation Proposal”) covering so far as relevant the matters referred to in items (a) - (d) of clause 5.1.1 which would be acceptable to the RTLUser; and
(c) in respect of the Relocation Proposal (if accepted) or of any Alternative Relocation Proposal, the costs likely to be incurred in connection with considering the Relocation Proposal or the Alternative Relocation Proposal and effecting the said relocation of the RTL User Assets and the proper and reasonable costs of relocating any other equipment that may be necessary as a result of the relocation of those RTL User Assets and any consequential losses including payments to third parties incurred as a result of the relocation of those RTL User Assets and the proposed manner and timing of payment of the same by Userthe RTL.
5.1.3 If within one month of the date of such counter notice (or such longer period as shall be reasonably necessary) User the RTL has not withdrawn the Relocation Proposal and the Parties have not agreed upon it or the Alternative Relocation Proposal (if any) or a variation of either of them (such agreement to include agreement on the costs referred to in item (c) of clause 5.1.2) the matter shall be dealt with in accordance with Clause 10.
5.2 Upon approval or settlement of any Relocation Proposal, Alternative Relocation Proposal or variation thereof pursuant to clause 5.1, User shall (conditionally upon it being able to obtain all necessary licences and consents which it will use reasonable endeavours to do) relocate or procure the relocation of the relevant User Assets as quickly as reasonably practicable (having regard to, amongst other things, technical and operational requirements and to the availability of all necessary licences and consents).
5.3 The RTL shall render all reasonable assistance to User in connection with such relocation licences and consents and pay to User all costs referred to in item (c) of clause 5.1.2 as agreed or settled pursuant to clause 5.1 provided that all reasonable endeavours are used to minimise such costs and in the event that a Relocation Proposal is withdrawn or consent thereto is reasonably withheld pursuant to clause 5.1, the RTL shall pay to User all costs reasonably incurred by User in connection with considering the Relocation Proposal and any counter notice.
5.4 Such of the provisions of this Agreement as are appropriate and relevant (including the provisions of this clause 5), shall continue to apply to any relocated User Assets.
Appears in 1 contract
Samples: Interface Agreement
Relocations. 5.1 At any time and from time to time during the term of this Agreement, User the RTL may with the prior written consent of the RTL User (such consent not to be unreasonably withheld or delayed) require the RTL User to relocate any RTL User Assets either to a different location on the User RTL Land or to the RTLUser’s or a third party’s land, such consent to be sought and given or refused in accordance with the following procedure:-
5.1.1 User The RTL shall serve a written notice on the RTLUser, which notice shall specify:-
(a) the RTL User Assets which User the RTL wishes to be relocated;
(b) the reasons for such wish;
(c) the proposed new location for such RTL User Assets; and
(d) the timing of the carrying out of such relocation.
5.1.2 The RTL User shall within one month of receipt of any such notice (or such longer period as shall be reasonably necessary) serve a counter notice stating:-
(a) whether or not in its reasonable opinion such Relocation Proposal is acceptable to it;
(b) if the Relocation Proposal is not acceptable to the RTLUser, the grounds for such opinion and the terms of any alternative proposal (the “Alternative Relocation Proposal”) covering so far as relevant the matters referred to in items (a) - (d) of clause 5.1.1 5.
1.1 which would be acceptable to the RTLUser; and
(c) in respect of the Relocation Proposal (if accepted) or of any Alternative Relocation Proposal, the costs likely to be incurred in connection with considering the Relocation Proposal or the Alternative Relocation Proposal and effecting the said relocation of the RTL User Assets and the proper and reasonable costs of relocating any other equipment that may be necessary as a result of the relocation of those RTL User Assets and any consequential losses including payments to third parties incurred as a result of the relocation of those RTL User Assets and the proposed manner and timing of payment of the same by Userthe RTL.
5.1.3 If within one month of the date of such counter notice (or such longer period as shall be reasonably necessary) User the RTL has not withdrawn the Relocation Proposal and the Parties have not agreed upon it or the Alternative Relocation Proposal (if any) or a variation of either of them (such agreement to include agreement on the costs referred to in item (c) of clause 5.1.2) the matter shall be dealt with in accordance with Clause 10.
5.2 Upon approval or settlement of any Relocation Proposal, Alternative Relocation Proposal or variation thereof pursuant to clause 5.1, User shall (conditionally upon it being able to obtain all necessary licences and consents which it will use reasonable endeavours to do) relocate or procure the relocation of the relevant User Assets as quickly as reasonably practicable (having regard to, amongst other things, technical and operational requirements and to the availability of all necessary licences and consents).
5.3 The RTL shall render all reasonable assistance to User in connection with such relocation licences and consents and pay to User all costs referred to in item (c) of clause 5.1.2 as agreed or settled pursuant to clause 5.1 provided that all reasonable endeavours are used to minimise such costs and in the event that a Relocation Proposal is withdrawn or consent thereto is reasonably withheld pursuant to clause 5.1, the RTL shall pay to User all costs reasonably incurred by User in connection with considering the Relocation Proposal and any counter notice.
5.4 Such of the provisions of this Agreement as are appropriate and relevant (including the provisions of this clause 5), shall continue to apply to any relocated User Assets.
Appears in 1 contract
Samples: Interface Agreement
Relocations. 5.1 At any time and from time to time during the term of this Agreement, User NGC may with the prior written consent of the RTL User (such consent not to be unreasonably withheld or delayed) require the RTL User to relocate any RTL User Assets either to a different location on the User NGC Land or to the RTLUser’s or a third party’s land, such consent to be sought and given or refused in accordance with the following procedure:-
5.1.1 User NGC shall serve a written notice on the RTLUser, which notice shall specify:-
(a) the RTL User Assets which User NGC wishes to be relocated;
(b) the reasons for such wish;
(c) the proposed new location for such RTL User Assets; and
(d) the timing of the carrying out of such relocation.
5.1.2 The RTL User shall within one month of receipt of any such notice (or such longer period as shall be reasonably necessary) serve a counter notice stating:-
(a) whether or not in its reasonable opinion such Relocation Proposal is acceptable to it;
(b) if the Relocation Proposal is not acceptable to the RTLUser, the grounds for such opinion and the terms of any alternative proposal (the “Alternative Relocation Proposal”) covering so far as relevant the matters referred to in items (a) - (d) of clause 5.1.1 5.
1.1 which would be acceptable to the RTLUser; and
(c) in respect of the Relocation Proposal (if accepted) or of any Alternative Relocation Proposal, the costs likely to be incurred in connection with considering the Relocation Proposal or the Alternative Relocation Proposal and effecting the said relocation of the RTL User Assets and the proper and reasonable costs of relocating any other equipment that may be necessary as a result of the relocation of those RTL User Assets and any consequential losses including payments to third parties incurred as a result of the relocation of those RTL User Assets and the proposed manner and timing of payment of the same by UserNGC.
5.1.3 If within one month of the date of such counter notice (or such longer period as shall be reasonably necessary) User NGC has not withdrawn the Relocation Proposal and the Parties have not agreed upon it or the Alternative Relocation Proposal (if any) or a variation of either of them (such agreement to include agreement on the costs referred to in item (c) of clause 5.1.2) the matter shall be dealt with in accordance with Clause 10.
5.2 Upon approval or settlement of any Relocation Proposal, Alternative Relocation Proposal or variation thereof pursuant to clause 5.1, User shall (conditionally upon it being able to obtain all necessary licences and consents which it will use reasonable endeavours to do) relocate or procure the relocation of the relevant User Assets as quickly as reasonably practicable (having regard to, amongst other things, technical and operational requirements and to the availability of all necessary licences and consents).
5.3 NGC shall render all reasonable assistance to User in connection with such relocation licences and consents and pay to User all costs referred to in item (c) of clause 5.1.2 as agreed or settled pursuant to clause 5.1 provided that all reasonable endeavours are used to minimise such costs and in the event that a Relocation Proposal is withdrawn or consent thereto is reasonably withheld pursuant to clause 5.1, NGC shall pay to User all costs reasonably incurred by User in connection with considering the Relocation Proposal and any counter notice.
5.4 Such of the provisions of this Agreement as are appropriate and relevant (including the provisions of this clause 5), shall continue to apply to any relocated User Assets.
Appears in 1 contract
Samples: Interface Agreement
Relocations. 5.1 At any time and from time to time during the term of this Agreement, User may with the prior written consent of the RTL NGC (such consent not to be unreasonably withheld or delayed) require the RTL NGC to relocate any RTL NGC Assets either to a different location on the User Land or to the RTLNGC’s or a third party’s land, such consent to be sought and given or refused in accordance with the following procedure:-
5.1.1 User shall serve a written notice on the RTLNGC, which notice shall specify:-
(a) the RTL NGC Assets which User wishes to be relocated;
(b) the reasons for such wish;
(c) the proposed new location for such RTL NGC Assets; and
(d) the timing of the carrying out of such relocation.
5.1.2 The RTL NGC shall within one month of receipt of any such notice (or such longer period as shall be reasonably necessary) serve a counter notice stating:-
(a) whether or not in its reasonable opinion such Relocation Proposal is acceptable to it;
(b) if the Relocation Proposal is not acceptable to the RTLNGC, the grounds for such opinion and the terms of any alternative proposal (the “Alternative Relocation Proposal”) covering so far as relevant the matters referred to in items (a) - (d) of clause 5.1.1 which would be acceptable to the RTLNGC; and
(c) in respect of the Relocation Proposal (if accepted) or of any Alternative Relocation Proposal, the costs likely to be incurred in connection with considering the Relocation Proposal or the Alternative Relocation Proposal and effecting the said relocation of the RTL NGC Assets and the proper and reasonable costs of relocating any other equipment that may be necessary as a result of the relocation of those RTL NGC Assets and any consequential losses including payments to third parties incurred as a result of the relocation of those RTL NGC Assets and the proposed manner and timing of payment of the same by User.
5.1.3 If within one month of the date of such counter notice (or such longer period as shall be reasonably necessary) User has not withdrawn the Relocation Proposal and the Parties have not agreed upon it or the Alternative Relocation Proposal (if any) or a variation of either of them (such agreement to include agreement on the costs referred to in item (c) of clause 5.
Appears in 1 contract
Samples: Interface Agreement