Common use of Rights of the Operator Clause in Contracts

Rights of the Operator. 3.1 The Grantor grants [and the Tenant consents to the grant] to the Operator, for the period until it is terminated in accordance with clause 11, or the Code Rights of the Operator later come to an end, the rights for it and its duly authorised agents to: 3.1.1 install, keep installed and operate the Apparatus in, on, under, over or through the Route and to connect to a power supply; 3.1.2 inspect, maintain, adjust, repair, decommission and power down the Apparatus; 3.1.3 11upgrade the Apparatus, and to alter the Apparatus whether or not by the addition of Extra Apparatus within the limits of the Route, but not outside those limits without the consent of the Grantor 12[and the Tenant]; 3.1.4 remove the Apparatus as required or entitled so to do under this Agreement on or after the coming to an end of this Agreement; and 3.1.5 carry out the Works, with such rights over the Property (but none other) as are necessary, reasonably to gain access to the Route and Apparatus in the execution of the rights granted under this clause 3.1. The rights so granted to the Operator are to be exercised in accordance with the Operator’s obligations under this Agreement. 3.2 For the purposes of clause 3.1.3, Extra Apparatus is to be treated as kept within the limits of the Route if it does not involve taking up substantially more space within, or enlarging, the Route. 3.3 Subject to clause 11.6.2, the Apparatus is at all times to remain the property of the Operator. 3.4 For the purposes of clause 3.1, the Operator and its duly authorised agents may enter the Property at reasonable times, subject to clause 4.4, with or without vehicles (where appropriate), and with workmen, plant, equipment or machinery as may reasonably be required to carry out the Works. 3.5 This clause 3.5 applies where an alteration is made to the Apparatus or it is relocated: 3.5.1 the provisions of this Agreement are to continue to apply to the Property and the Apparatus as altered and, so far as applicable, in the new location; and 3.5.2 each party shall promptly sign a memorandum recording the details of the alterations to the Apparatus and, (if applicable) the new location and any consequential adjustment of the terms of this Agreement, and retain a copy with its part of this Agreement. 3.6 The Operator may use the Apparatus only for the purpose of providing an electronic communications service (as defined by and construed in accordance with the Code) to the Property until this Agreement is terminated under clause 11, or the Code Rights of the Operator later come to an end. 11 The ability of the Operator to install Extra Apparatus within the Route without consent demonstrates the importance of carefully defining and limiting the extent of the Route accurately. It is recommended that the specification for the installation of the Apparatus shows the dimensions of the Route so that if Extra Apparatus involves enlargement of the Route, consent of the Grantor will be required. It may be of significance as imposing an additional burden upon the Grantor and be a ground for not permitting an upgrade of the Apparatus which would otherwise be a void control on the part of the Grantor under r.17(1) of the Electronic Communications Code.

Rights of the Operator. 3.1 The Grantor grants [and the Tenant consents to the grant] to the Operator, for the period until it is terminated in accordance with clause 11, or the Code Rights of the Operator later come to an end, the rights for it and its duly authorised agents to: 3.1.1 install, keep installed and operate the Apparatus in, on, under, over or through the Route and to connect to a power supplyRoute; 3.1.2 maintain, test, inspect, maintain, adjustmonitor, repair, decommission and power down the Apparatus; 3.1.3 11upgrade 11alter, amend, substitute, and upgrade the Apparatus and add Extra Apparatus, and to alter the Apparatus whether or not by the addition of Extra Apparatus kept within the limits of the Route, but not outside those limits without the consent of the Grantor 12[and the Tenant];; and 3.1.4 remove the Apparatus as required authorised or entitled so to do under this Agreement Agreement, or on or after the coming to an end of this Agreement; and 3.1.5 to carry out the Works, with such rights over the Property (but none other) as are necessary, reasonably to gain access to the Route and Apparatus in the execution of the rights granted under this clause 3 3.1. The rights so granted to the Operator are to be exercised in accordance with the Operator’s obligations under this Agreement. 3.2 For the purposes of clause 3.1.3, Extra Apparatus is to be treated as kept within the limits of the Route existing Apparatus if it does not involve taking up substantially more additional space within, or enlarging, within the Route. 3.3 Subject to clause 11.6.210.3, the Apparatus is at all times to remain the property of the Operator. 3.4 For the purposes of clause 3.1, the Operator and its duly authorised agents may enter the Property at reasonable times, subject to clause 4.44.3.6, with or without vehicles (where appropriate), and with workmen, plant, equipment or machinery as may reasonably be required to carry out the Works. 3.5 This clause 3.5 applies where an alteration is made to the Apparatus or it is relocated: 3.5.1 the provisions of this Agreement are to continue to apply to the Property and the Apparatus as altered and, so far as applicable, in the new location; and 3.5.2 each party shall promptly sign a memorandum recording the details of the alterations to the Apparatus and, (if applicable) the new location and any consequential adjustment of the terms of this Agreement, and retain a copy with its part of this Agreement. 3.6 The 13The Operator may use the Apparatus only for the purpose of providing an electronic communications service (as defined by and construed in accordance with the Code) to the Property [until this Agreement is terminated terminates under clause 1110, or until otherwise agreed in writing with the Code Rights Grantor [and Tenant]. 3.7 This Agreement does not, or will not, apply to any part of the Operator later come to an end. 11 The ability Property which is or becomes adopted as highway maintainable at public expense. 3.8 This Agreement does not create the relationship of the Operator to install Extra Apparatus within the Route without consent demonstrates the importance of carefully defining landlord and limiting the extent of the Route accurately. It is recommended that the specification for the installation of the Apparatus shows the dimensions of the Route so that if Extra Apparatus involves enlargement of the Route, consent of the Grantor will be required. It may be of significance as imposing an additional burden upon tenant between the Grantor and be a ground for not permitting an upgrade the Operator in respect of the Apparatus which would otherwise be a void control on the part of the Grantor under r.17(1) of the Electronic Communications CodeProperty.

Rights of the Operator. 3.1 The Grantor grants [and the Tenant consents to the grant] to the Operator, for the period until it is terminated in accordance with clause 11, or the Code Rights of the Operator later come to an end, the rights for it and its duly authorised agents to: 3.1.1 install, keep installed and operate the Apparatus in, on, under, over or through the Route [and to connect to a power supply]; 3.1.2 inspect, maintain, adjust, repair, decommission and power down the Apparatus; 3.1.3 11upgrade upgrade the Apparatus, and to alter the Apparatus whether or not by the addition of Extra Apparatus within the limits of the Route, but not outside those limits without the consent of the Grantor 12[and the Tenant]Grantor; 3.1.4 remove the Apparatus as required or entitled so to do under this Agreement on or after the coming to an end of this Agreement; and 3.1.5 carry out the Works, with such rights over the Property Permitted Strip (but none other) as are necessary, reasonably to gain access to the Route and Apparatus in the execution of the rights granted under this clause 3.1. The rights so granted to the Operator are to be exercised in accordance with the Operator’s obligations under this Agreement. 3.2 For the purposes of clause 3.1.3, Extra Apparatus is to be treated as kept within the limits of the Route if it does not involve taking up substantially more space within, or enlarging, the Route. 3.3 Subject to clause 11.6.2, the Apparatus is at all times to remain the property of the Operator. 3.4 For the purposes of clause 3.1, the Operator and its duly authorised agents may enter the Property Permitted Strip at reasonable times, subject to clause 4.4, with or without vehicles (where appropriate), and with workmen, plant, equipment or machinery as may reasonably be required to carry out the Works. 3.5 This clause 3.5 applies where an alteration is made to the Apparatus or it is relocated: 3.5.1 the provisions of this Agreement are to continue to apply to the Property and the Apparatus as altered and, so far as applicable, in the new location; and 3.5.2 each party shall promptly sign a memorandum recording the details of the alterations to the Apparatus and, (if applicable) the new location and any consequential adjustment of the terms of this Agreement, and retain a copy with its part of this Agreement. 3.6 The Operator may use the Apparatus only for the purpose of providing an electronic communications service (as defined by and construed in accordance with the Code) to the Property a system infrastructure to be available for use by providers of electronic communication networks for the provision by them of their networks until this Agreement is terminated under clause 11, or the Code Rights of the Operator later come to an end. 11 The ability . 3.7 This Agreement does not create the relationship of the Operator to install Extra Apparatus within the Route without consent demonstrates the importance of carefully defining landlord and limiting the extent of the Route accurately. It is recommended that the specification for the installation of the Apparatus shows the dimensions of the Route so that if Extra Apparatus involves enlargement of the Route, consent of the Grantor will be required. It may be of significance as imposing an additional burden upon tenant between the Grantor and be a ground for not permitting an upgrade the Operator in respect of the Apparatus which would otherwise be a void control on the part of the Grantor under r.17(1) of the Electronic Communications CodeProperty.

Rights of the Operator. 3.1 The Grantor grants [and the Tenant consents to the grant] to the Operator, for the period until it is terminated in accordance with clause 1110, or the Code Rights of the Operator later come to an end, the rights for it and its duly authorised agents to: 3.1.1 install, keep installed and operate the Apparatus in, on, under, over or through the Route [and to connect to a power supply]; 3.1.2 inspect, maintain, adjust, repair, decommission and power down the Apparatus; 3.1.3 11upgrade upgrade the Apparatus, and to alter the Apparatus whether or not by the addition of Extra Apparatus within the limits of the Route, but not outside those limits without the consent of the Grantor 12[and [and the Tenant]; 3.1.4 remove the Apparatus as required or entitled so to do under this Agreement on or after the coming to an end of this Agreement; and 3.1.5 carry out the Works, with such rights over the Property Permitted Strip (but none other) as are necessary, reasonably to gain access to the Route and Apparatus in the execution of the rights granted under this clause 3.1. The rights so granted to the Operator are to be exercised in accordance with the Operator’s obligations under this Agreement. 3.2 For the purposes of clause 3.1.3, Extra Apparatus is to be treated as kept within the limits of the Route if it does not involve taking up substantially more space within, or enlarging, the Route. 3.3 Subject to clause 11.6.210.6.2, the Apparatus is at all times to remain the property of the Operator. 3.4 For the purposes of clause 3.1, the Operator and its duly authorised agents may enter the Property Permitted Strip at reasonable times, subject to clause 4.4, with or without vehicles (where appropriate), and with workmen, plant, equipment or machinery as may reasonably be required to carry out the Works. 3.5 This clause 3.5 applies where an alteration is made to the Apparatus or it is relocated: 3.5.1 the provisions of this Agreement are to continue to apply to the Property and the Apparatus as altered and, so far as applicable, in the new location; and 3.5.2 each party shall promptly sign a memorandum recording the details of the alterations to the Apparatus and, (if applicable) the new location and any consequential adjustment of the terms of this Agreement, and retain a copy with its part of this Agreement. 3.6 The Operator may use the Apparatus only for the purpose of providing an electronic communications service (as defined by and construed in accordance with the Code) to the Property a system infrastructure to be available for use by providers of electronic communication networks for the provision by them of their networks until this Agreement is terminated under clause 1110, or the Code Rights of the Operator later come to an end. 11 The ability . 3.7 This Agreement does not, or will not, apply to any part of the Operator to install Extra Apparatus within Property which is, or becomes, adopted as a highway maintainable at public expense. 3.8 This Agreement does not create the Route without consent demonstrates the importance relationship of carefully defining landlord and limiting the extent of the Route accurately. It is recommended that the specification for the installation of the Apparatus shows the dimensions of the Route so that if Extra Apparatus involves enlargement of the Route, consent of the Grantor will be required. It may be of significance as imposing an additional burden upon tenant between the Grantor and be a ground for not permitting an upgrade the Operator in respect of the Apparatus which would otherwise be a void control on the part of the Grantor under r.17(1) of the Electronic Communications CodeProperty.