Common use of The Reservations Clause in Contracts

The Reservations. There are excepted and reserved:- 5.1 To the Grantor and any person deriving title through or under it or them or authorised by any of them or (where appropriate) otherwise entitled full right and liberty from time to time (and to authorise others to) develop, build, renew, repair, alter or execute any other works (including demolition) at any Adjacent Property and to use or otherwise deal with any Adjacent Property for any purpose and in any manner whatsoever Provided That (except by way of the carrying on by the Grantor of its undertaking in exercise of and subject to its statutory and common law obligations) there shall be no derogation from the grant of the Rights to BRT or material adverse interference with the exercise of the Rights by BRT; 5.2 To the Grantor the right at any time and from time to time by notice in writing to BRT (but following consultation with BRT for such period as is reasonable in all the circumstances and taking into account its reasonable representations) to vary, reduce, modify or extinguish any of the Rights provided that:- 5.2.1 the Grantor shall grant to BRT such alternative rights and facilities as may in the circumstances be necessary (but such rights and facilities shall not subsist for a period longer than the Term); 5.2.2 such alternative rights and facilities shall be reasonably comparable to those proposed to be affected and shall not (either in the exercise of the Rights or the execution of the Works) render materially more expensive or less convenient the exercise of the Rights or the execution of the Works; 5.2.3 these arrangements shall be subject to the application of railway group standards as amended from time to time and other relevant safety and operating standards where applicable and subject to the Grantor causing as little inconvenience as is reasonably practicable to BRT; 5.3 To the Grantor the right for the Grantor and those from time to time authorised by it to carry out any works which in the reasonable opinion of the Grantor are either necessary for the proper operation of the Grantor’s undertaking or are required for any other purpose including without limitation (but subject to Clause 7.4) the right to carry out works analogous to the Works including the installation of the Grantor’s Installation within the Ducts to the extent that the Ducts are capable of receiving it without causing electrical or other interference with the operation of any BRT Apparatus or other telecommunication apparatus forming part of the Installation at the time such works are carried out, such rights in the case only of works of new installation (not being renewal) being exercisable where practicable in accordance with a programme of works first notified in writing by the Grantor to BRT. 5.4 To the Grantor (subject to Clause 7.4):- 5.4.1 the right for the Grantor and any person deriving title through or under it or them or authorised by any of them or (where appropriate) otherwise entitled to use the Ducts, the Manholes and the Grantor’s Installation for any purpose (which may include for the purpose of its or their telecommunication system); 5.4.2 the right of support for the Grantor’s Installation from the Installation; 5.4.3 the right for the Grantor and any person deriving title through or under it or them or authorised by any of them or (where appropriate) otherwise entitled to grant for “commercial activities connected with telecommunications” (as that phrase is defined in section 4 of the Telecommunication Act 1984) to third parties rights over the subject matter of this Clause 5 of a nature and type as the Grantor shall reasonably consider appropriate but which shall not be more extensive than the rights reserved to the Grantor. 5.5 To the Grantor (subject to Clause 7.4) the right to authorise others to work to any extent any mines and minerals in and under the Burdened Land or any Adjacent Property; 5.6 To the Grantor the benefit of the Existing Agreements. Provided That if in exercising the rights hereby reserved the Grantor causes material physical damage to any part of the Installation (to the extent that the Grantor is aware of its existence having made due enquiry of BRT and not having received confirmation of its existence within twenty working days of any enquiry or within such period as may be reasonably practicable in case of any emergency or non-routine works) the Grantor shall pay to BRT such reasonable sums as shall not exceed the reasonable cost of making good such physical damage (taking account of any sum paid or payable by the Grantor under any other provision of this Deed in respect of the same subject matter the sum to be agreed or, if the parties cannot agree, to be determined in accordance with the provisions of Clause 9.1) and for the avoidance of doubt Value Added Tax shall only be included as part of such reasonable cost to the extent that BRT cannot obtain a full credit for such Value Added Tax pursuant to s.26 Value Added Tax Xxx 0000 And Provided Further That in the event the Grantor on its own behalf or on behalf of any third parties seeks to make use of any BRT installed Ducts the Grantor shall first obtain the consent of BRT (not to be unreasonably withheld or delayed) both to any material addition or alteration to the Grantor’s Installation installed therein from time to time and to the method of carrying out any works associated therewith, and shall pay a fair proportion of the costs of maintenance and repair of the relevant BRT installed Ducts (such proportion to be determined in accordance with the provisions of Clause 9.1 in the event the parties cannot agree).

The Reservations. There are excepted and reserved:- 5.1 To the Grantor BRB and any person deriving title through or under it or them or authorised by any of them or (where appropriate) otherwise entitled full right and liberty from time to time (and to authorise others to) develop, build, renew, repair, alter or execute any other works (including demolition) at any Adjacent Property and to use or otherwise deal with any Adjacent Property for any purpose and in any manner whatsoever Provided That (except by way of the carrying on by the Grantor BRB of its undertaking in exercise of and subject to its statutory and common law obligations) there shall be no derogation from the grant of the Rights rights granted under this Deed to BRT or material adverse interference with the exercise of the Rights by BRTrights granted under this Deed; 5.2 To the Grantor BRB the right at any time and from time to time by notice in writing to BRT (but following consultation with BRT for such period as is reasonable in all the circumstances and taking into account its reasonable representations) to vary, reduce, modify or extinguish any of the Rights provided that:- 5.2.1 the Grantor BRB shall grant to BRT such alternative rights and facilities as may in the circumstances be necessary (but such rights and facilities shall not subsist for a period longer than the Term)necessary; 5.2.2 such alternative rights and facilities shall be reasonably comparable to those proposed to be affected and shall not (either in the exercise of the Rights rights granted under this Deed or the execution of the Works) render materially more expensive or less convenient the exercise of the Rights rights granted under this Deed or the execution of the Works; 5.2.3 these arrangements shall be subject to the application of railway group standards as amended from time to time and other relevant safety and operating standards where applicable and subject to the Grantor BRB causing as little inconvenience as is reasonably practicable to BRT; 5.3 To the Grantor BRB the right for the Grantor BRB and those from time to time authorised by it to carry out any works which in the reasonable opinion of the Grantor BRB are either necessary for the proper operation of the GrantorBRB’s undertaking or are required for any other purpose including without limitation (but subject to Clause 7.46.2) the right to carry out works analogous to the Works including the installation of the GrantorBRB’s Installation within the Ducts to the extent that the Ducts are capable of receiving it without causing electrical or other interference with the operation of any BRT Apparatus or other telecommunication apparatus Telecommunication Apparatus forming part of the Installation at the time such works are carried out, such rights in the case only of works of new installation (not being renewal) being exercisable where practicable in accordance with a programme of works first notified in writing by the Grantor BRB to BRT. 5.4 To the Grantor BRB (subject to Clause 7.4):-6.2):- 5.4.1 the right for the Grantor BRB and any person deriving title through or under it or them or authorised by any of them or (where appropriate) otherwise entitled to use the Ducts, the Manholes and the GrantorBRB’s Installation for any purpose (which may include for the purpose of its or their telecommunication systemTelecommunication System); 5.4.2 the right of support for the GrantorBRB’s Installation from the Installation; 5.4.3 the right for the Grantor BRB and any person deriving title through or under it or them or authorised by any of them or (where appropriate) otherwise entitled to grant for “commercial activities connected with telecommunications” (as that phrase is defined in section 4 of the Telecommunication Act 1984) to third parties rights over the subject matter of this Clause 5 of a nature and type as the Grantor BRB shall reasonably consider appropriate but which shall not be more extensive than the rights reserved to the GrantorBRB. 5.5 To the Grantor BRB (subject to Clause 7.46.2) the right to authorise others to work to any extent any mines and minerals in and under the Burdened Land Subjects or any Adjacent Property; 5.6 To the Grantor BRB the benefit of the Existing Agreements. Provided That if in exercising the rights hereby reserved the Grantor BRB causes material physical damage to any part of the Installation (to the extent that the Grantor BRB is aware of its existence having made due enquiry of BRT and not having received confirmation of its existence within twenty working days of any enquiry or within such period as may be reasonably practicable in case of any emergency or non-routine works) the Grantor BRB shall pay to BRT such reasonable sums as shall not exceed the reasonable cost of making good such physical damage (taking account of any sum paid or payable by the Grantor BRB under any other provision of this Deed in respect of the same subject matter the sum to be agreed or, if the parties cannot agree, to be determined in accordance with the arbitration provisions of Clause 9.1this Deed) and for the avoidance of doubt Value Added Tax shall only be included as part of such reasonable cost to the extent that BRT cannot obtain a full credit for such Value Added Tax pursuant to s.26 Value Added Tax Xxx 0000 And Provided Further That in the event the Grantor BRB on its own behalf or on behalf of any third parties seeks to make use of any BRT installed Ducts the Grantor BRB shall first obtain the consent of BRT (not to be unreasonably withheld or delayed) both to any material addition or alteration to the GrantorBRB’s Installation installed therein from time to time and to the method of carrying out any works associated therewith, and shall pay a fair proportion of the costs of maintenance and repair of the relevant BRT installed Ducts (such proportion to be determined in accordance with the arbitration provisions of Clause 9.1 this Deed in the event the parties cannot agree).

The Reservations. There are excepted and reserved:-reserved: 5.1 To the Grantor and any person deriving title through or under it or them or authorised by any of them or (where appropriate) otherwise entitled full right and liberty from time to time to (and to authorise others to) develop, build, renew, repair, alter or execute any other works (including demolition) at any Adjacent Property and to use or otherwise deal with any Adjacent Property for any purpose and in any manner whatsoever Provided That (except by way of the carrying on by the Grantor of its undertaking in exercise of and subject to its statutory and common law obligations) there shall be no derogation from the grant of the Rights to BRT or material adverse interference with the exercise of the Rights by BRT;BRT pursuant to this Clause 5.1 5.2 To the Grantor the right during the Perpetuity Period at any time and from time to time by notice in writing to BRT (but following consultation with BRT for such period as is reasonable in all the circumstances and taking into account its reasonable representations) to vary, reduce, modify or extinguish any of the Rights provided that:-that: 5.2.1 the Grantor shall during the Perpetuity Period grant to BRT such alternative rights and facilities as may in the circumstances be necessary (but such rights and facilities shall not subsist for a period longer than the Term)necessary; 5.2.2 such alternative rights and facilities shall be reasonably comparable to those proposed to be affected and shall not (either in the exercise of the Rights or the execution of the Works) render materially more expensive or less convenient the exercise of the Rights or the execution of the Works; 5.2.3 these arrangements shall be subject to the application of railway group standards as amended from time to time and other relevant safety and operating standards where applicable and subject to the Grantor causing as little inconvenience as is reasonably practicable to BRT; 5.3 To the Grantor the right for the Grantor and those from time to time authorised by it to carry out any works which in the reasonable opinion of the Grantor are either necessary for the proper operation of the Grantor’s undertaking or are required for any other purpose including without limitation (but subject to Clause 7.47.6) the right to carry out works analogous to the Works including the installation of the Grantor’s Installation within the Ducts (to the extent that the Ducts are capable of receiving it it) without causing electrical or other interference with the operation of any BRT Apparatus or other telecommunication apparatus forming part of the Installation at the time such works are carried out, such rights in the case only of works of new installation Installation (not being renewal) being exercisable where practicable in accordance with a programme of works first notified in writing wiring by the Grantor to BRT. 5.4 To the Grantor (subject to Clause 7.4):-7.6 and the provisions of the Management Agreement for so long as this shall subsist): 5.4.1 the right for the Grantor and any person deriving title through or under it or them or authorised by any of them or (where appropriate) otherwise entitled entitled, to use the Ducts, Ducts the Manholes and the Grantor’s Installation for any purpose (which may include for the purpose of its or their telecommunication system); 5.4.2 the right of support for the Grantor’s Installation from the Installation; 5.4.3 the right for the Grantor and any person deriving title through or under it or them or authorised by any of them or (where appropriate) otherwise entitled to grant for “commercial activities connected with telecommunications” telecommunications (as that phrase is defined in section 4 of the Telecommunication Act 1984) to third parties rights over the subject matter of this Clause 5 of a nature and type as the Grantor shall reasonably consider appropriate but which shall not be more extensive than the rights reserved to the Grantor. 5.5 To the Grantor (subject to Clause 7.47.6) the right to authorise others to work to any extent any mines and minerals in and under the Burdened Easement Land or any Adjacent Property; 5.6 To the Grantor the benefit of the Existing Agreements. Provided That if 5.7 The right to take such steps or actions as may be necessary or desirable in exercising the rights hereby reserved order to enable the Grantor to carry out all of the functions which were delegated to and to fulfil all of the obligations which were imposed upon BRT under the Management Agreement in the event that this shall cease to subsist 5.8 If the Grantor should be aware of the existence of any Installation and causes material physical damage to it or any part of it in the Installation (to exercise of the extent that the Grantor is aware of its existence having made due enquiry of BRT and not having received confirmation of its existence within twenty working days of any enquiry or within such period as may be reasonably practicable in case of any emergency or non-routine works) above rights the Grantor shall pay to BRT such a reasonable sums as shall sum (not exceed exceeding the reasonable cost of making good such physical the said damage) in respect of the said damage (taking into account of any sum paid or payable by the Grantor BRT under any other provision of to this Deed in respect of deed and concerning the same subject matter the matter) such sum to be agreed or, if If the parties cannot agree, to be determined in accordance with the provisions of Clause clause 9.1) and for 5.9 For the purposes of clause 5.8 the Grantor shall be deemed to be aware of the existence of Installation of which BRT confirms the existence within 20 working days of enquiry by or on behalf of the Grantor (or such shorter period as may be reasonably practicable in the case of either an emergency or any non-routine requirement) 5.10 For the avoidance of doubt Value Added Tax shall only be included as part of such reasonable cost costs to the extent that BRT the Grantor cannot obtain a full credit for such Value Added Tax pursuant to s.26 Section 26 of the Value Added Tax Xxx 0000 And Provided Further That in 0000 5.11 In the event that the Grantor (either on its own behalf or on behalf of any third parties parties) seeks to make use of any BRT installed Installed Ducts the Grantor shall first obtain the consent of BRT (such consent not to be unreasonably withheld or delayed) both to for any material addition or material alteration to the Grantor’s Installation installed therein from time to time that affects any BRT Installed Ducts and to the method of carrying out any works associated therewith, and shall pay a fair proportion of the costs of maintenance and repair of the relevant BRT installed Installed Ducts (such proportion to be determined in accordance with the provisions of Clause 9.1 clause 9.1. in the event the parties cannot agree).

The Reservations. There are excepted and reserved:-reserved: 5.1 To the Grantor and any person deriving title through or under it or them or authorised by any of them or (where appropriate) otherwise entitled full right and liberty from time to time to (and to authorise others to) develop, build, renew, repair, alter or execute any other works (including demolition) at any Adjacent Property and to use or otherwise deal with any Adjacent Property for any purpose and in any manner whatsoever Provided That (except by way of the carrying on by the Grantor of its undertaking in exercise of and subject to its statutory and common law obligations) there shall be no derogation from the grant of the Rights to BRT or material adverse interference with the exercise of the Rights by BRT;BRT pursuant to this Clause. 5.2 To the Grantor the right at any time and from time to time by notice in writing to BRT (but following consultation with BRT for such period as is reasonable in all the circumstances and taking into account its reasonable representations) to vary, reduce, modify or extinguish any of the Rights provided that:-that: 5.2.1 the Grantor shall grant to BRT such alternative rights and facilities as may in the circumstances be necessary (but such rights and facilities shall not subsist for a period longer than the Term)necessary; 5.2.2 such alternative rights and facilities shall be reasonably comparable to those proposed to be affected and shall not (either in the exercise of the Rights or the execution of the Worksworks) render materially more expensive or less convenient the exercise of the Rights or the execution of the Works;; and 5.2.3 these arrangements shall be subject to the application of railway group standards as amended from time to time and other relevant safety and operating standards where applicable and subject to the Grantor causing as little inconvenience as is reasonably practicable to BRT;. 5.3 To the Grantor the right for the Grantor and those from time to time authorised by it to carry out any works which in the reasonable opinion of the Grantor are either necessary for the proper operation of the Grantor’s undertaking or are required for any other purpose including without limitation (but subject to Clause 7.47.6) the right to carry out works analogous to the Works including the installation of the Grantor’s Installation within the Ducts to the extent that the Ducts are capable of receiving it without causing electrical or other interference with the operation of any BRT Apparatus or other telecommunication apparatus forming part of the Installation at the time such works are carried out, such rights in the case only of works of new installation (not being renewal) being exercisable where practicable in accordance with a programme of works first notified in writing by the Grantor to BRT. 5.4 To the Grantor (subject to Clause 7.4):-7.6 and the provisions of the Management Agreement for so long as this shall subsist): 5.4.1 the right for the Grantor and any person deriving title through or under it or them or authorised by any of them or (where appropriate) otherwise entitled to use the Ducts, the Manholes and the Grantor’s Installation for any purpose (which may include for the purpose of its or their telecommunication system); 5.4.2 the right of support for the Grantor’s Installation from the Installation;; and 5.4.3 the right for the Grantor and any person deriving title through or under it or them or authorised by any of them or (where appropriate) otherwise entitled to grant for “commercial activities connected with telecommunications” telecommunications (as that phrase is defined in section 4 of the Telecommunication Act 1984) to third parties rights over the subject matter of this Clause 5 of a nature and type as the Grantor shall reasonably consider appropriate but which shall not be more extensive than the rights reserved to the Grantor. 5.5 To the Grantor (subject to Clause 7.47.6) the right to authorise others to work to any extent any mines and minerals in and under the Burdened Land or any Adjacent Property;. 5.6 To the Grantor the benefit of the Existing Agreements. Provided That if . 5.7 The right to take such steps or actions as may be necessary or desirable in exercising the rights hereby reserved order to enable the Grantor to carry out all of the functions which were delegated to and to fulfil all of the obligations which were imposed upon BRT under the Management Agreement in the event that this shall cease to subsist. 5.8 If the Grantor should be aware of the existence of any Installation and causes material physical damage to it or any part of it in the Installation (to exercise of the extent that the Grantor is aware of its existence having made due enquiry of BRT and not having received confirmation of its existence within twenty working days of any enquiry or within such period as may be reasonably practicable in case of any emergency or non-routine works) above rights the Grantor shall pay to BRT such a reasonable sums as shall sum (not exceed exceeding the reasonable cost of making good such physical the said damage in respect of the said damage (taking into account of any sum paid or payable by the Grantor BRT under any other provision of this Deed in respect of and concerning the same subject matter the matter) such sum to be agreed or, if the parties cannot agree, to be determined in accordance with the provisions of Clause 9.1) and for . 5.9 For the purposes of Clause 5.8 the Grantor shall be deemed to be aware of the existence of Installation of which BRT confirms the existence within 20 working days of enquiry by or on behalf of the Grantor (or such shorter period as may be reasonably practicable in the case of either an emergency or any non-routine requirement.) 5.10 For the avoidance of doubt Value Added Tax shall only be included as part of such reasonable cost costs to the extent that BRT the Grantor cannot obtain a full credit for such Value Added Tax pursuant to s.26 Section 26 of the Value Added Tax Xxx 0000 And Provided Further That in 0000. 5.11 In the event that the Grantor (either on its own behalf or on behalf of any third parties parties) seeks to make use of any BRT installed Ducts Installed Ducts, the Grantor shall first obtain the consent of BRT (such consent not to be unreasonably withheld or delayed) both to for any material addition or material alteration to the Grantor’s Installation installed therein from time to time that affects any BRT Installed Ducts and to the method of carrying out any works associated therewith, and shall pay a fair proportion of the costs of maintenance and repair of the relevant BRT installed Installed Ducts (such proportion to be determined in accordance with the provisions of Clause 9.1 clause 9.1, in the event the parties cannot agree).