New Zealand Gazette – 2011 – No. 93

Page 2711

✨ Agreement for Transitional Services

5 JULY 2011 NEW ZEALAND GAZETTE, No. 93 2711

TEMPORARY COMMUNICATIONS EQUIPMENT

8.1 Installation: For the Transition Period, Meridian shall permit Genesis to install and operate temporary communications equipment in the telecommunications room at Meridian’s Twizel office ("Temporary Communications Equipment").

8.2 Meridian’s approval: Prior to installing the Temporary Communications Equipment, Genesis shall:

(a) obtain Meridian’s written approval to enter the Twizel office (which Meridian may give subject to any conditions Meridian reasonably requires); and

(b) obtain Meridian’s written approval of the relevant technical plans and drawings, such approvals not to be unreasonably withheld.

8.3 Supervision: When installing the Temporary Communications Equipment, Meridian may supervise Genesis and Genesis shall comply, and procure that its contractors, employees and agents also comply, with:

(a) all reasonable directions or instructions given by Meridian; and

(b) Meridian’s health and safety policies in place at Meridian’s Twizel office.

8.4 Liability: Subject to clauses 10.2 and 10.3, Genesis shall be liable for any damage or loss caused as a result of the installation and operation of the Temporary Communications Equipment.

8.5 Removal: Within two calendar months of the expiry of the Transition Period, Genesis shall, subject to any subsequent agreement to the contrary:

(a) remove all of the Temporary Communications Equipment that it has installed in Meridian’s Twizel office; and

(b) reinstate the relevant part of Meridian’s Twizel office to the condition it was in prior to Genesis installing the Temporary Communication Equipment,

("Reinstatement Obligations") provided that, prior to removing the Temporary Communications Equipment, Genesis shall give to Meridian reasonable prior notice of the date on which it will remove the Temporary Communications Equipment. Meridian shall grant Genesis such access rights as are reasonably required by Genesis to carry out the Reinstatement Obligations and Genesis shall comply with any reasonable directions and with the operational, health and safety requirements of Meridian when undertaking the Reinstatement Obligations.

If Genesis fails (for reasons not attributable to Meridian) to complete the Reinstatement Obligations within the above timeframe, Meridian may undertake the Reinstatement Obligations itself and Genesis shall pay Meridian the direct costs incurred by Meridian (as certified by Meridian’s chief financial officer) in undertaking those activities and clause 9 shall apply as if these costs were a Service Fee. Meridian shall not be liable for any damage caused to Genesis’ Temporary Telecommunications Equipment if it undertakes the Reinstatement Obligations. This clause 8.5 shall survive termination of this agreement.

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