NEW ZEALAND GAZETTE, No. 77 — 1 SEPTEMBER 2016

expense; and

b. Transpower may defend the claim, negotiate with the claimant or settle the claim (or any of these) in the Landowner’s name, at Transpower’s expense.

9.3 The maximum amount payable by the Landowner to Transpower in respect of any liability associated with this Easement arising:

a. for breach of any provision of this Easement; or

b. otherwise at law;

is, in the absence of the Landowner’s wilful, deliberate or intentional acts or omissions, limited to an aggregate of $1,000,000.00 per event or series of related events ("Limitation Amount"), provided that the Limitation Amount will be adjusted annually in accordance with movement in the Consumer Price Index (All Groups) or any replacement comparable index from the date of this Easement.

10. Consents

10.1 The Landowner is hereby deemed to:

a. consent to any application by Transpower for any consent or authority required to give effect to the easements created by this Easement, including any building consent, resource consent or authority under the Heritage New Zealand Pouhere Taonga Act 2014; and

b. appoint Transpower as the Landowner’s agent to sign and deliver any forms evidencing the Landowner’s consent to those applications.

11. General Provisions

11.1 The Line and the Equipment and Vehicles will not, for any reason, become the Landowner’s property.

11.2 If any provision of this Easement requires one party to this Easement to obtain the other party’s consent then:

a. consent must not be unreasonably or arbitrarily withheld or delayed;

b. consent may be given subject to reasonable conditions; and

c. the party giving consent must not require a payment as a condition of giving consent.

11.3 This Easement will continue forever unless surrendered by Transpower. Accordingly, the Landowner has no power to terminate the Easement or any of Transpower’s rights under this Easement for any reason.

11.4 Transpower will surrender the Easement when the Easement is no longer required by Transpower. Transpower will prepare, sign and register all documents necessary to surrender the Easement and the Landowner will promptly sign and deliver the documents when called upon to do so by Transpower.

11.5 The Landowner must at all times comply with all the Landowner’s legal requirements relating to the Line.

11.6 Transpower must at all times comply with all Transpower’s legal requirements relating to the Line.

11.7 If any part of this Easement is held to be illegal, void or unenforceable, such determination will not affect the enforceability of the remaining parts of this Easement.

11.8 Any waiver by either party of any provision of this Easement will only be effective if it is given in writing and then only effective to the extent that it is expressly stated to be given.

11.9 Any failure, delay or indulgence by either party in exercising any power or right under this Easement will not operate as a waiver of that power or right. A single or partial exercise of any power or right by either party under this Easement will not prevent further exercises of that power or right or the exercise of any other power or right.

11.10 The rights and powers implied by the Fourth Schedule to the Land Transfer Regulations 2002 and the Fifth Schedule to the Property Law Act 2007 are expressly negatived and do not apply to the Easement.

12. Definitions Used in this Easement

12.1 In this Easement, unless the context requires otherwise:

a. "Accessway" means the accessway shown on the plan held by Transpower (available on request);

b. "Easement Area" means the parts of the Land marked "A" and "B" on SO 476169;

c. "Emergency" means a situation:

i. involving possible danger to human life or property;