Common use of Sites Clause in Contracts

Sites. 6.1 To enable Chess to fulfil its obligations under this Agreement: 6.1.1 the Customer shall permit Chess and any other person(s) authorised by Chess to have reasonable access to the Customer’s Sites, equipment and shall provide such reasonable assistance as Chess requests; 6.1.2 Chess will normally carry out work by appointment and during Normal Working Hours but may request the Customer to (and if requested the Customer shall) permit or procure access to the relevant Sites at other times. In the event that the Customer cancels, reschedules or misses any pre-arranged appointment, the Customer shall be liable to Chess for any costs and expenses which Chess incurs as a result of such cancellation, rescheduling and/or missed appointment; 6.1.3 the Customer warrants, represents and undertakes that it has adequate health and safety provisions in place at the Sites; and. 6.1.4 the Customer warrants, represents, and undertakes that it has (and shall maintain throughout the Term) all consents, licences and permissions necessary from landlords or other third parties for the carrying out of preparation work and for the provision of Spares and/or Consumables, use and operation of the Equipment and/or Services at the Sites (save to the extent Chess has agreed in writing to obtain such consents, licences and permissions). 6.2 In the event that the Customer discovers that it is not in possession of, or is unable to procure, a necessary consent, licence or permission (as described in Clause 6.1.4 above), Chess shall be able to terminate the relevant Services forthwith without liability to the Customer by giving the Customer written notice. If the Customer has not managed to procure the necessary consents and Chess has commenced work, on request by Chess, the Customer shall pay Chess the Charges for all such work (including, without limitation, staff costs and equipment costs) in accordance with Schedule 3 (Price and Payment) (or if not stated at Schedule 3 at its then current rates), and shall reimburse Chess for any and all costs, damages, expenses and liabilities which Chess suffers or incurs as a result of having commenced work without the necessary licence, consent or permission. 6.3 If the Customer fails to provide Chess access or access rights, permission or consent required under this Agreement to deliver the Services, then the Customer shall pay all Charges for such Services from and after the date Chess is otherwise ready to deliver them. In addition, Chess shall not be liable for any failure to provide the Services to the extent that such failure is due to Chess being denied access to the Customer's Site. 6.4 The Customer shall provide Chess with the site and building plans (to include full details of all internal cabling runs) of the Sites and provide Chess with full details of all other services in the vicinity of any proposed works. 6.5 As between Chess and the Customer, the Customer is responsible for making good the Site (at its own cost) after the Services have been performed by Chess at a Site, (including, without limitation, for re-decorating). 6.6 If the Customer is moving or transferring its operations to a new Site, Chess must be informed as soon as is reasonably practicable so that suitable arrangements can be made to transfer the relevant services and/or Equipment to the new site. 6.7 If a new installation or moving Site involves the visit of an engineer to facilitate it, the Customer shall be responsible for the costs incurred by Chess for the appointment of the engineer together with an administration fee in respect of any additional works required to be undertaken by Chess to complete the transfer of the Services and/or Equipment. Such an activity shall be chargeable as a MACD Service. 6.8 If the Customer moves to a new Site and leaves the Equipment for the new owner/tenant, the Customer is required to inform the new owner or tenant that the relevant Service will be discontinued if the Customer is not contacted by the new owner/tenant within seventy two hours for the purpose of entering into a new contract with the Customer for such services and subject in any event to the agreement of such a contract. The Customer shall submit a written request to Chess to request the provision of Services to the Customer at the new site. 6.9 If, at the new site, the Customer receives services which are similar to the Services from an alternative supplier, as between Chess and the Customer, the Customer shall remain liable for meeting the Customer’s obligations under any contractual agreement the Customer has with such alternative supplier and for any liabilities the Customer may incur for terminating such agreement. For the avoidance of doubt, the Customer shall remain liable to pay the Charges in respect of the old Site until such time as the new contract is entered into pursuant to Clause 6.8.

Sites. 6.1 To enable Chess Numbergroup to fulfil its obligations under this Agreement: 6.1.1 the Customer shall permit Chess Numbergroup and any other person(s) authorised by Chess Numbergroup to have reasonable access to the Customer’s Sites, equipment and shall provide such reasonable assistance as Chess Numbergroup requests; 6.1.2 Chess Numbergroup will normally carry out work by appointment and during Normal Working Hours but may request the Customer to (and if requested the Customer shall) permit or procure access to the relevant Sites at other times. In the event that the Customer cancels, reschedules or misses any pre-arranged appointment, the Customer shall be liable to Chess Numbergroup for any costs and expenses which Chess Numbergroup incurs as a result of such cancellation, rescheduling and/or missed appointment; 6.1.3 the Customer warrants, represents and undertakes that it has adequate health and safety provisions in place at the Sites; and. 6.1.4 the Customer warrants, represents, and undertakes that it has (and shall maintain throughout the Term) all consents, licences and permissions necessary from landlords or other third parties for the carrying out of preparation work and for the provision of Spares and/or Consumables, use and operation of the Equipment and/or Services at the Sites (save to the extent Chess Numbergroup has agreed in writing to obtain such consents, licences and permissions). 6.2 In the event that the Customer discovers that it is not in possession of, or is unable to procure, a necessary consent, licence or permission (as described in Clause 6.1.4 above), Chess Numbergroup shall be able to terminate the relevant Services forthwith without liability to the Customer by giving the Customer written notice. If the Customer has not managed to procure the necessary consents and Chess Numbergroup has commenced work, on request by ChessNumbergroup, the Customer shall pay Chess Numbergroup the Charges for all such work (including, without limitation, staff costs and equipment costs) in accordance with Schedule 3 (Price and Payment) (or if not stated at Schedule 3 at its then current rates), and shall reimburse Chess Numbergroup for any and all costs, damages, expenses and liabilities which Chess Numbergroup suffers or incurs as a result of having commenced work without the necessary licence, consent or permission. 6.3 If the Customer fails to provide Chess Numbergroup access or access rights, permission or consent required under this Agreement to deliver the Services, then the Customer shall pay all Charges for such Services from and after the date Chess Numbergroup is otherwise ready to deliver them. In addition, Chess Numbergroup shall not be liable for any failure to provide the Services to the extent that such failure is due to Chess Numbergroup being denied access to the Customer's Site. 6.4 The Customer shall provide Chess Numbergroup with the site and building plans (to include full details of all internal cabling runs) of the Sites and provide Chess Numbergroup with full details of all other services in the vicinity of any proposed works. 6.5 As between Chess Numbergroup and the Customer, the Customer is responsible for making good the Site (at its own cost) after the Services have been performed by Chess Numbergroup at a Site, (including, without limitation, for re-decorating). 6.6 If the Customer is moving or transferring its operations to a new Site, Chess Numbergroup must be informed as soon as is reasonably practicable so that suitable arrangements can be made to transfer the relevant services and/or Equipment to the new site. 6.7 If a new installation or moving Site involves the visit of an engineer to facilitate it, the Customer shall be responsible for the costs incurred by Chess Numbergroup for the appointment of the engineer together with an administration fee in respect of any additional works required to be undertaken by Chess Numbergroup to complete the transfer of the Services and/or Equipment. Such an activity shall be chargeable as a MACD Service. 6.8 If the Customer moves to a new Site and leaves the Equipment for the new owner/tenant, the Customer is required to inform the new owner or tenant that the relevant Service will be discontinued if the Customer is not contacted by the new owner/tenant within seventy two hours for the purpose of entering into a new contract with the Customer for such services and subject in any event to the agreement of such a contract. The Customer shall submit a written request to Chess Numbergroup to request the provision of Services to the Customer at the new site. 6.9 If, at the new site, the Customer receives services which are similar to the Services from an alternative supplier, as between Chess Numbergroup and the Customer, the Customer shall remain liable for meeting the Customer’s obligations under any contractual agreement the Customer has with such alternative supplier and for any liabilities the Customer may incur for terminating such agreement. For the avoidance of doubt, the Customer shall remain liable to pay the Charges in respect of the old Site until such time as the new contract is entered into pursuant to Clause 6.8.

Sites. 6.1 To enable Chess Vision to fulfil its obligations under this Agreement: 6.1.1 the Customer shall permit Chess Vision and any other person(s) authorised by Chess Vision to have reasonable access to the Customer’s Sites, equipment and shall provide such reasonable assistance as Chess Vision requests; 6.1.2 Chess Vision will normally carry out work by appointment and during Normal Working Hours but may request the Customer to (and if requested the Customer shall) permit or procure access to the relevant Sites at other times. In the event that the Customer cancels, reschedules or misses any pre-arranged appointment, the Customer shall be liable to Chess Vision for any costs and expenses which Chess Vision incurs as a result of such cancellation, rescheduling and/or missed appointment; 6.1.3 the Customer warrants, represents and undertakes that it has adequate health and safety provisions in place at the Sites; and. 6.1.4 the Customer warrants, represents, and undertakes that it has (and shall maintain throughout the Term) all consents, licences and permissions necessary from landlords or other third parties for the carrying out of preparation work and for the provision of Spares and/or Consumables, use and operation of the Equipment and/or Services at the Sites (save to the extent Chess Vision has agreed in writing to obtain such consents, licences and permissions). 6.2 In the event that the Customer discovers that it is not in possession of, or is unable to procure, a necessary consent, licence or permission (as described in Clause 6.1.4 above), Chess Vision shall be able to terminate the relevant Services forthwith without liability to the Customer by giving the Customer written notice. If the Customer has not managed to procure the necessary consents and Chess Vision has commenced work, on request by ChessVision, the Customer shall pay Chess Vision the Charges for all such work (including, without limitation, staff costs and equipment costs) in accordance with Schedule 3 (Price and Payment) (or if not stated at Schedule 3 at its then current rates), and shall reimburse Chess Vision for any and all costs, damages, expenses and liabilities which Chess Vision suffers or incurs as a result of having commenced work without the necessary licence, consent or permission. 6.3 If the Customer fails to provide Chess Vision access or access rights, permission or consent required under this Agreement to deliver the Services, then the Customer shall pay all Charges for such Services from and after the date Chess Vision is otherwise ready to deliver them. In addition, Chess Vision shall not be liable for any failure to provide the Services to the extent that such failure is due to Chess Vision being denied access to the Customer's Site. 6.4 The Customer shall provide Chess Vision with the site and building plans (to include full details of all internal cabling runs) of the Sites and provide Chess Vision with full details of all other services in the vicinity of any proposed works. 6.5 As between Chess Vision and the Customer, the Customer is responsible for making good the Site (at its own cost) after the Services have been performed by Chess Vision at a Site, (including, without limitation, for re-decorating). 6.6 If the Customer is moving or transferring its operations to a new Site, Chess Vision must be informed as soon as is reasonably practicable so that suitable arrangements can be made to transfer the relevant services and/or Equipment to the new site. 6.7 If a new installation or moving Site involves the visit of an engineer to facilitate it, the Customer shall be responsible for the costs incurred by Chess Vision for the appointment of the engineer together with an administration fee in respect of any additional works required to be undertaken by Chess Vision to complete the transfer of the Services and/or Equipment. Such an activity shall be chargeable as a MACD Service. 6.8 If the Customer moves to a new Site and leaves the Equipment for the new owner/tenant, the Customer is required to inform the new owner or tenant that the relevant Service will be discontinued if the Customer is not contacted by the new owner/tenant within seventy two hours for the purpose of entering into a new contract with the Customer for such services and subject in any event to the agreement of such a contract. The Customer shall submit a written request to Chess Vision to request the provision of Services to the Customer at the new site. 6.9 If, at the new site, the Customer receives services which are similar to the Services from an alternative supplier, as between Chess Vision and the Customer, the Customer shall remain liable for meeting the Customer’s obligations under any contractual agreement the Customer has with such alternative supplier and for any liabilities the Customer may incur for terminating such agreement. For the avoidance of doubt, the Customer shall remain liable to pay the Charges in respect of the old Site until such time as the new contract is entered into pursuant to Clause 6.8.