Third Party Land Sample Clauses
Third Party Land. The Access Holder acknowledges that:
(a) the land specified in item 4 of Schedule 3 (Third Party Land) is not owned or controlled by Aurizon Network; and
(b) entry onto that Third Party Land is not included within the definition of Access, and agrees that in respect of that Third Party Land:
(c) the Access Holder will comply with the requirements of the person that owns or controls that Third Party Land (Landowner) in relation to that Third Party Land as notified to the Access Holder by Aurizon Network from time to time;
(d) if, after the Commencement Date, there is a change in the costs incurred by Aurizon Network due to the requirements of the Landowner in respect of that Third Party Land, then that change is deemed to be a Material Change; and
(e) if Aurizon Network’s rights in respect of that Third Party Land are terminated for any reason other than the default of Aurizon Network of any agreement that affects Aurizon Network’s use of that Third Party Land or other than by agreement with the Landowner, then Aurizon Network may, by notice to the Access Holder, suspend and/or terminate the Access Rights insofar as they relate to that part of the Nominated Network which is situated on that Third Party Land.
Third Party Land. It is acknowledged that a Developer may wish to extend their
Third Party Land. Collaborative approach to securing any third-party land to the extent required for the proposed development
Third Party Land. [Insert diagram(s)/table(s) (if applicable)] 5 Weighbridges and Overload Detectors
Third Party Land. 8.5.1 Where as a condition of any planning permission, road construction consent or other statutory consent issued in respect of any of the Project Sites, the Contractor is required to carry out works on land lying outwith any of the Project Sites, then the Council will be obliged to use all reasonable endeavours to procure for the benefit of the Contractor all necessary rights which may be required in order to implement any such planning permission/road construction consent.
8.5.2 Where implementation of the Project requires access to any land owned by the Council and such rights are not granted in the Lease in favour of the Contractor then the Council will be obliged to allow the Contractor all necessary rights which may be required subject always to obtaining the Council's approval (such approval not to be unreasonably withheld or delayed and to be deemed granted where provided for in the Building Works Specification.
8.5.3 Where any Building Works require to be carried out on land outwith the Project Sites and the Contractor is prevented from carrying out the works in question by the lawful action of the relevant land owner then (without prejudice to the Contractor's obligation to use all reasonable endeavours (other than instigating litigation) to carry out the works in question) the non-completion of such works shall be disregarded in determining whether the Service Commencement Requirements have been met.
Third Party Land. 16.11.1 Without prejudice to the Contractor's rights in respect of Relief Events and Force Majeure Events and subject to Clause 16.12 and to Section 16 of Schedule 1.1a (Statement of Requirements: Transmission Service), if the Contractor is unable to obtain access to Third Party Land due to an Emergency, the Contractor shall not be entitled to any relief and/or claim compensation under this Agreement.
16.11.2 Save as specified in Clause 16.11.1, where the Contractor is unable to obtain access to Legacy Assets (or any New Asset which replaces a Legacy Asset) despite using its best endeavours (subject to reasonable commercial cost constraints) to obtain such access and:
(A) during the period up to the Base Service Charge Date, such access was for the development of the Base Network necessary to undertake the capabilities defined in the Link Table;
(B) at any time, the Contractor is in compliance with the CRP Process and the Contractor has used and continues to use all reasonable endeavours to mitigate the effects of any delay; and
(C) at any time, the prevention of access is not due to the breach or default of the Contractor or any Contractor Party,
16.11.3 The relief to which the Contractor shall be entitled pursuant to Clause 16.11.2 shall be as follows:
(A) During the period up to the Base Service Charge Date, the Contractor shall be entitled to the payment of amounts equivalent to (and paid at the same time as) the Base Service Charge which would have been paid by the Authority to the Contractor if the access had not been prevented as described in Clause 16.11.2.
(B) During the period up to the Base Service Charge Date, the Longstop Date shall be postponed by such period as is reasonable taking account of the likely effect of the prevention of access as described in Clause 16.11.2.
(C) At any time, the Authority shall not be entitled to terminate this Agreement pursuant to Clause 51 (Termination for Contractor Default) by reason of the prevention of access as described in Clause 16.11.2.
(D) At any time, subject to paragraph 6.3 of Part 2 of Schedule 27 (Service Credit Regime), the Authority shall not, for the duration of the prevention of access, as described in Clause 16.11.2, be entitled to make deductions or award Service Credits under Clause 30 (Service Credit Regime) which would not have been deducted or awarded had the access not been prevented, as described in Clause 16.11.
16.11.4 If the Contractor is unable to obtain access to Third Party Land ...