(c) Genesis is able to put in place appropriate contracting arrangements to replace the Zelko Contract with respect to the services provided in connection with the Stations.

6. FIBRE OPTIC CABLE

6.1 Licence: From Settlement, Meridian grants Genesis an exclusive, non-transferable, royalty free licence to use:

(a) three dedicated private virtual channels on Meridian’s Fibre Optic Network for the purpose of assisting Genesis to operate the Stations;

(b) two spare dark fibres in Meridian’s Fibre Optic Cable, provided that if Meridian requires either or both of the fibres:

(i) in the case of an emergency, Meridian may disconnect Genesis from using the fibres immediately for such period as determined by Meridian; or

(ii) for any other reason, Meridian may disconnect Genesis from using the fibres for such period as determined by Meridian on giving to Genesis three months’ written notice; and

(c) in the event that Meridian disconnects either or both of the dark fibres as described in 6.1(b)(i) and 6.1(b)(ii) above, an additional private virtual channel, as an alternative method of communication between Tekapo A and Tekapo B, until such time as the dark fibre is made available to Genesis again.

6.2 Access: From Settlement until the date determined by the Project Steering Group under clause 6.6, Genesis grants to Meridian all necessary easements or other controlled access rights to enable Meridian to install, use, repair, operate and maintain Meridian’s Fibre Optic Cable and the associated terminating equipment.

6.3 Plans: If not completed and approved by the Project Steering Group prior to the commencement of this agreement, Genesis shall provide all plans and specifications for the new fibre optic cables to be constructed by Genesis under clause 6.4 for the Project Steering Group’s approval as soon as practical following Settlement, provided always that the Project Steering Group may not withhold such approval if such plans are for fibre optic cables of a like-for-like capacity and quality as Meridian’s fibre optic cables existing as at the date of this agreement between the Stations (“Minimum Standard”). If the Project Steering Group requires Genesis to make any amendments to the plans and specifications submitted by Genesis under this clause, which for the avoidance of doubt may only be required if and to the extent that the proposed new fibre optic cables do not meet the Minimum Standard, it shall advise Genesis of the amendments it requires within 10 Business Days and Genesis shall make the amendments required by the Project Steering Group within a further 10 Business Days (or such other period as agreed by the Project Steering Group).

6.4 Construction: If not completed prior to Settlement, Genesis shall, by the expiry of the Transition Period, construct and install, at its sole cost, two new fibre optic cables between Tekapo A and Tekapo B in accordance with the plans and specifications approved by the Project Steering Group under clause 6.3 (Genesis’ Fibre Optic Cables).

6.5 Integration: As soon as reasonably practicable after construction of Genesis’ Fibre Optic Cables, the Project Steering Group shall co-ordinate the integration of Genesis’ Fibre Optic Cables.