NEW ZEALAND GAZETTE, No. 77 — 1 SEPTEMBER 2016

1.1.2 “Easement Area” means that part of the Land marked “A” on SO 494323;

1.1.3 “Emergency Situation” means, a situation in which there is a probable danger to life or property or immediate risk to the continuity or safety of supply or distribution of electricity;

1.1.4 “Entry Notice” means the notice to be given pursuant to clause 6.1 of this Easement;

1.1.5 “Equipment” means cables, lines, wires, cranes, drilling rigs, Vehicles, plant, tools and machinery and all material and items required for the purpose of exercising any of the rights under this Easement;

1.1.6 “Grantee” means Top Energy Limited, its successors and permitted transferees, assigns, lessees, sublessees and licensees together with the Grantee’s servants, agents, employees, workers, invitees, licensees and contractors with or without vehicles, machinery or equipment;

1.1.7 “Grantor” means the registered proprietor(s) for the time being of the Land;

1.1.8 “Land” means the Servient Tenement, which is the land being Lot 1 DP 182104 comprised in Computer Freehold Register NA113B/466;

1.1.9 “Temporary Period” or “Temporary Periods” means such period or periods of time as are reasonable for the sole purpose or purposes of the Grantee occupying such part or parts of the Land as it requires for the purposes set out in clauses 2.1.1 through 2.1.9 and as detailed in the Entry Notice;

1.1.10 “Vehicles” means four-wheel drives, motorbikes, cars and trucks, tractors, trailers, graders, pile drivers, drilling rigs, cranes, helicopters, aircraft, excavation and earthmoving equipment, whether wheeled or tracked;

1.1.11 “Working Day” means any day of the week other than:

(a) Saturday, Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s Birthday, and Labour Day; and

(b) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

(c) a day in the period commencing on 24 December in any year and ending on 15 January in the following year, both days inclusive.

1.1.12 “Works” means electrical and telecommunications works and computer media and includes all or any part of any cables (including fibre optic cables), wires, earthwires, conductors, poles, pole structures, insulators, foundations, tunnels, buildings, repeaters, pipes, bridges, ground stays, supports, casings, devices, appliances, antennae, metering devices and other apparatus, structures, fixtures and equipment as are reasonably necessary to give effect to the Grantee’s rights under this Easement to install and operate an electricity transmission network.

2. Grantee’s Rights and Powers

2.1 The Grantee shall have the following rights and powers:

2.1.1 to Construct the Works and to remove, inspect, use, operate, repair, maintain, renew, alter, replace, upgrade, add to and modify the Works or any part of the Works on the Easement Area;

2.1.2 to convey, conduct, send, distribute, pass, convert, transport, transmit and receive electricity and telecommunications signals and computer media by means of the Works;

2.1.3 to undertake all tests, inspections, investigations and surveys that are reasonably necessary for the Grantee to exercise its rights under this Easement and in so doing the Grantee may:

(a) drill for core samples and dig test pits;

(b) install and maintain testing and monitoring equipment;

(c) take away samples from the Easement Area for analysis;

2.1.4 to enter and remain on the Easement Area and such other part of the Land as is reasonably necessary in the circumstances with or without Vehicles, machinery and/or Equipment and with such personnel (including its employees, agents, contractors and/or consultants) for the purposes of exercising the Grantee’s rights under this Easement;

2.1.5 to Construct, inspect, use, repair, maintain, renew, alter, remove and modify roads and access tracks on the Land, to modify adjacent fences (including boundary fences) on the Land and to remove or trim vegetation on the access tracks at the cost of the Grantee to the extent that is reasonably necessary for the Grantee to exercise its rights under this Easement with these rights to be exercised on the following terms:

2.1.5.1 where any new roads and/or access tracks on the Land are to be constructed such will be constructed by the Grantee as far as is practicably possible to enhance the land use operations on the Land by the Grantor;

2.1.5.2 if during the course of the construction of the Works on the Land the Grantee uses any existing roads and/or access tracks on the Land then these will be repaired and/or maintained as is necessary by

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