29 APRIL NEW ZEALAND GAZETTE

1397

14.2.2 carry out that Telecom ROC’s other purposes pursuant to this Agreement including but not limited to the removal, repair, modification, maintenance, inspection or testing of that Telecom ROC’s Equipment installed or kept on the Service Operator’s Premises.

14.3 The Service Operator shall not and shall not permit any person other than Persons Authorised by a Telecom ROC to maintain, repair, or interfere with any part of that Telecom ROC’s Equipment on the Service Operator’s Premises.

14.4 The Service Operator shall not cause or permit or suffer to be caused or permitted in the Service Operator’s Premises any nuisance or impediment to a Telecom ROC or Persons Authorised by that Telecom ROC in carrying out their purposes under this Agreement.

14.5 After reasonable oral notice from a Person Authorised to the Service Operator (delivered either directly or by telephone), or immediately and without notice in the case of emergency, the Service Operator shall arrange and provide access for the Person Authorised to the Service Operator’s Premises. Such access shall comprise access for the Person Authorised by a Telecom ROC (with or without materials, appliances and things) to install, operate, remove, repair, modify, maintain, inspect or test, any of that Telecom ROC’s Equipment situated on the Service Operator’s Premises. Such access shall be provided at all reasonable hours except, in the case of an emergency, where access shall be provided at any time. The Service Operator shall at its own expense, make reasonable efforts to obtain such consents and wayleaves as may be required from any third party in respect of access to and use of the Service Operator’s Premises by a Telecom ROC and Persons Authorised by that Telecom ROC in terms of this Agreement. Neither a Telecom ROC nor Telecom Group shall be liable for any failure to perform any of that Telecom ROC’s obligations under this Agreement where that Telecom ROC is unable to perform its obligations as a direct or indirect result of the Service Operator’s failure to obtain such consents or wayleaves. The Service Operator shall indemnify and save harmless each respective Telecom ROC and Telecom Group and Persons Authorised from loss, damage, liability, costs or expense which may be suffered or incurred by that Telecom ROC, Telecom Group or Persons Authorised arising from or in connection with the Service Operator’s failure to obtain such consents and wayleaves.

14.6 Each Telecom ROC shall ensure that Persons Authorised shall not interfere with the Service Operator’s Equipment or the provision by the Service Operator of the Service Operator’s Network Service except to the extent that such interference is necessary in the performance of the applicable Telecom ROC’s obligations under this Agreement.

14.7 In the event of any part of a Telecom ROC’s Equipment on the Service Operator’s Premises being lost, stolen, or removed (without authority of that Telecom ROC), wholly destroyed or wholly or partially damaged (other than as a result of fault on the part of that Telecom ROC, fair wear and tear, or Force Majeure), the Service Operator shall pay to that Telecom ROC, on demand, the cost to that Telecom ROC of replacement or repair of that Telecom ROC’s Equipment.

14.8 The Service Operator shall not make or permit to be made any alterations to any part of any Service Operator’s Premises that may affect a Telecom ROC’s Equipment, without the consent in writing of that Telecom ROC, which consent shall not be unreasonably withheld but which may be conditional upon:

14.8.1 the Service Operator taking measures satisfactory to that Telecom ROC to protect that Telecom ROC’s Equipment during the course of such alterations;

14.8.2 the Service Operator paying any of that Telecom ROC’s charges of shifting any of that Telecom ROC’s Equipment as a result of such alterations.

15. NOTIFICATION OF FAULTS

15.1 The Service Operator and each Telecom ROC shall, in respect of faults arising in either or both of the Service Operator’s Network and that Telecom ROC’s Network (affecting the provision of any network service by the other or by any third party), comply with the procedures for notification of faults referred to in Schedule F and the principles of priority of repair of faults set out in Schedule F.