NEW ZEALAND GAZETTE, No. 42 — 12 MAY 2016

g. inspect, maintain, cleanse, repair, extend, remove, enlarge or replace the easement facility; and

h. 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. The Grantee shall:

a. give the Grantor reasonable notice in writing of its intention to perform any work (including inspection) on the easement facility unless an extreme emergency requires immediate action;

b. remove and carry away all surplus clay, gravel, shingle, stones and earth which may be excavated from the stipulated area;

c. upon the Grantee disturbing the surface of the stipulated area for any reason, without delay restore the same as nearly as possible to its original condition; and

d. repair and make good any damage which may be done to any fence, building or improvement, or to any part of the Grantor’s land, in the exercise by the Grantee of any of the rights granted by this easement instrument, but the Grantee shall not be responsible for the cost of removing or damaging any fence, building or improvements or trees upon, or any tree roots growing within, the stipulated area, as prohibited under clause 3.

6. The Grantor reserves the right to claim any economic loss suffered for the disturbance to the Grantor’s farming operation as a result of the Grantee’s works undertaken in accordance with clauses 4 and 5 herein.

7. The Grantee shall obtain and comply with all statutory and regulatory consents required from time to time to exercise its rights under this easement and the Grantee will indemnify the Grantor in respect of all liabilities and direct damage or losses (including loss of profit) which the Grantor may incur in respect of any negligent act or omission by the Grantee or its employees, contractors, agents or invitees, or in respect of any wilful breach by the Grantee of any of its material obligations under this easement. The Grantee warrants and undertakes that it will:

a. perform its operations in accordance with all applicable legislation, laws (including without limitation the Health and Safety in Employment Act 1992) and good industry practice in a proper and workmanlike manner;

b. supply at its own cost all materials and plant necessary to perform the operations;

c. ensure that all materials, machinery and plant used in the performance of the operations comply with the applicable statutory or industry or mandatory safety standards;

d. at its own cost make good any errors, defects or omissions to the operations; and

e. take all reasonable steps to mitigate any losses it may suffer or incur arising out of anything done or not done under or in connection with this easement.

8. All structures, plant and equipment made or installed by the Grantee on the easement land may at any time be removed by it provided that any damage caused by such removal shall immediately be remedied by the Grantee and the land shall be reinstated as nearly as possible to its former condition (unless otherwise agreed), including resowing of grass and reinstatement of fences and farm tracks.

9. Upon this easement instrument ceasing or being surrendered, the Grantee shall have the obligation within 12 months from such date (or such other date as agreed by the parties) to remove any improvements at its own expense and reinstate the easement land (as permitted in accordance with clause 3(c) herein) then the Grantee shall compensate the Grantor for damages caused to such crop or grass (whether ready for harvest or not).

10. The easement facility and any other structures, plant or equipment erected or installed by the Grantee on the stipulated area shall be the property of the Grantee.

11. Nothing contained or implied in this easement instrument shall be construed so as:

a. to compel the Grantee to exercise all or any of the rights granted by this easement instrument at any time and the Grantee may commence, discontinue or resume the exercise of all or any such rights at will; and

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