NEW ZEALAND GAZETTE, No. 90 — 20 AUGUST 2015

the scope or intent of the clauses of this Easement nor in any way affect this Easement;

(c) references to any party include that party’s executors, administrators, and assigns, or being a company, its successors and assigns; and

(d) all covenants on the part of the Grantor shall be deemed to be covenants by each of the registered proprietors included in the term "Grantor" and shall jointly and severally bind each of the registered proprietors and their respective executors, administrators, successors and assigns.

3. Grant of Rights, Powers and Privileges

3.1 The Grantee (to the exclusion of the Grantor and any other party) shall have the full free uninterrupted and unrestricted right liberty and licence at all times hereafter:

(a) to take and convey wastewater in a free and unimpeded flow (except during any periods of necessary cleaning and repairing) through the Easement Facility and over the Stipulated Area; and

(b) to lay, make, construct, maintain, alter or repair the Easement Facility as the Grantee shall from time to time think fit.

3.2 The Easement Facility referred to in 3.1(a) and (b) is the Easement Facility laid or to be laid along the Stipulated Area.

3.3 No power is implied in respect of any easement for the Grantor to determine the easement for breach of any provision of this Easement (whether express or implied) or for any other cause, it being the intention of the parties that the easement shall subsist until it is surrendered in writing.

4. Grantee’s Rights

4.1 For the purpose of performing any duty or in the exercise of any rights implied in this Easement the Grantee may:

(a) enter upon the Servient Land by either the Council owned adjoining property to the east of the Servient Land or by the most practicable route from the nearest public street across any part of the Servient Land;

(b) remain on the Servient Land for a reasonable time for the purposes of completing any work;

(c) bring on to the Servient Land such materials, tools, equipment, machinery, vehicles or other things as may be necessary for the purposes of completing the necessary work;

(d) leave any vehicle or equipment on the Servient Land for a reasonable time if work is proceeding;

(e) sink and make trenches and shafts on the Stipulated Area;

(f) excavate any clay, gravel, shingle, stones, and earth from the Stipulated Area;

(g) inspect, maintain, cleanse, repair, extend, remove, enlarge or replace the Easement Facility;

(h) install gates in the Grantor’s fence line where the fence line crosses the Stipulated Area; and

(i) generally do and perform such acts and things in or upon the Stipulated Area as may be necessary or proper for or in relation to any of the purposes of this easement.

5. Grantor’s Obligations

5.1 The Grantor will not:

(a) build over or erect any other improvements upon, plant trees upon or permit any tree roots to grow within the Stipulated Area;

(b) permit any Utilities to be located within the Stipulated Area unless the siting and installation of such Utilities is expressly consented to in writing by the Grantee, such consent to be at the sole discretion of the Grantee;

(c) do or permit or suffer to be done anything which may in any way injure or damage the Easement Facility or interfere with the free flow and passage of any matter through the Easement Facility. If the Grantor is in breach of this obligation the Grantor shall promptly, at the Grantor’s expense, properly and substantially repair and make good all such injury or damage and restore such free flow and passage. If the Grantor fails to promptly comply with this obligation then the Grantee may perform the obligation and recover any costs incurred from the Grantor.

6. Grantee’s Obligations

6.1 The Grantee shall at its own cost:

(a) install, maintain and cleanse the Easement Facility so that it is not or does not become a nuisance or annoyance to the Grantor;

(b) remove and carry away all surplus clay, gravel, shingle, stones and earth which may be excavated from the Stipulated Area or dispose of such material on the Servient Land with the agreement of the Grantor;

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