2156 NEW ZEALAND GAZETTE, No. 78 20 JUNE 2013

1.7 The right to convey electricity without interruption or impediment is limited to the extent required by any period of necessary renewal or repair of the Easement Facility.

Right to Convey Telecommunications and Computer Media

1.8 The right to convey telecommunications and computer media includes the right for the Grantee, in common with the Grantor and other persons to whom the Grantor may grant similar rights, at all times, to lead and convey telecommunications and computer media without interruption or impediment from the point of entry through the Easement Facility and over the Servient Land.

1.9 The right to convey telecommunications and computer media without interruption or impediment is limited to the extent required by any period of necessary renewal or repair of the Easement Facility.

2. Rights of Entry

2.1 For the purpose of performing any duty or in the exercise of any rights conferred under this easement, the Grantee may, subject to clause 2.2 and on giving the Grantor 10 Working Days’ notice, enter on those parts of the Servient Land adjacent to the Easement Facility as directed by the Grantor and with all necessary tools, vehicles, and equipment, provided that the Grantee may only leave tools, vehicles and equipment on the Servient Land in the locations and for the duration as directed by the Grantor.

2.2 The Grantee shall not enter onto the Servient Land pursuant to clause 2.1 without obtaining the prior written approval of the Grantee, except in the case of an emergency.

2.3 The Grantee must ensure that as little damage or disturbance as possible is caused to the Servient Land or to the property of the Grantor located on the Servient Land.

2.4 The Grantee must ensure that all work is performed promptly and in a proper and workmanlike manner.

2.5 The Grantee must immediately make good any damage done to the Servient Land by restoring the Servient Land as nearly as possible to its former condition to the satisfaction of the Grantor.

2.6 The Grantee must compensate the Grantor for all damages caused directly or indirectly by the Grantee to any:

(a) buildings, erections, fences;

(b) telecommunications equipment; or

(c) other property of the Grantor situated on the Servient Land.

2.7 Any entry onto the Servient Land by the Grantee shall be entirely at the Grantee’s risk and the Grantor shall not be liable for any injury or loss to the Grantee or the Grantee’s property.

3. Restriction on the Grantee’s Use

3.1 The Grantee acknowledges and accepts that the Easement Facility may be subject to other grants made by the Grantor over the Stipulated Course now or in the future.

3.2 The Grantee will co-operate with other parties who may have (or are in the future) entitled to certain easement rights within the Easement Facility, to minimise any adverse impact each may have upon the other and to otherwise facilitate the efficient operation of any services within the same Easement Facility between respective entitled grantees.

4. Default

4.1 If the Grantee is in default of its obligations specified in this easement, the Grantor may serve on the Grantee written notice requiring the Grantee to remedy the default within seven working days from service of the notice of default.

4.2 If, at the expiry of the notice referred to in clause 4.1, the Grantee has not remedied the default, the Grantor may remedy the default and recover the costs of remedying the default from the Grantee as a liquidated debt.

5. Damage to Servient Land

5.1 The Grantee will effect and maintain public liability insurance of at least $3,000,000.00 in respect of any liability to third parties (including the Grantor) for loss, injury, damage (in each case whether direct, indirect or consequential) or expense caused by any act or omission of the Grantee’s contractors or agents.

5.2 Notwithstanding the provisions of the Fourth Schedule of the Land Transfer Regulations 2002 that deal with maintenance and maintenance costs, if any maintenance, repair or replacement is necessary because of any act or omission, neglect or fault of the Grantee (including any employee, invitee or agent of the Grantee, but excluding any contractor or agent covered by clause 5.1) then the Grantee shall be responsible for the cost of any such maintenance, repair or replacement.

6. Health and Safety

6.1 While entering upon the Servient Land, the Grantee must comply with all obligations imposed on the Grantee at law as the person in charge of a place of work and the Grantee will be responsible for the health and safety of any person who enters on the Servient Land at the request of the Grantee.

6.2 The Grantee will comply with any reasonable obligations imposed by the Grantor regarding the identification and mitigation of hazards, and health and safety of persons on the Servient Land.

7. Disputes

Any differences or disputes which may arise between the parties touching or concerning this notice or any act or thing to be done, suffered or omitted in pursuance hereof or touching or concerning the construction of this notice except as otherwise expressly provided shall be referred to the arbitration in New Zealand of a single arbitrator agreed upon by the parties or failing agreement, of two arbitrators (one to be appointed by each party) and an umpire (to be appointed by the arbitrators before their entering upon the reference) in accordance with the Arbitration Act 1996 or any amendment thereto or re-enactment thereof for the time being in force.

8. Surrender

The Grantee may surrender the easements or any one or more of them on the giving of 12 months’ notice in writing to the Grantor. In the event that the Grantee elects to surrender any one or more of the easements, the parties will do all things necessary to register a full or partial surrender of this notice (as the case may be), in which event the Grantor shall pay all costs in connection with the same, including all of the Grantee’s costs.