NEW ZEALAND GAZETTE, No. 79 — 8 SEPTEMBER 2016

a. respect and have regard to the Landowner’s use of the Land;

b. try to minimise disruption to the Landowner’s use of the Land;

c. restore any part of the surface of the Land that Transpower damages to as close to its prior condition as reasonably practicable and repair any other direct physical damage Transpower causes;

d. use Transpower’s best endeavours to prevent the outbreak and spread of fire; and

e. remove any debris Transpower creates in undertaking any works and otherwise leave any work sites in a tidy condition.

3.2 Transpower will compensate the Landowner for the Landowner’s loss resulting from:

a. any damage that Transpower causes to the extent that Transpower does not or cannot comply with clause 3.1(c); and

b. any trees that Transpower removes under clause 2.1(j) from outside the Easement Area.

3.3 In exercising Transpower’s rights under this Easement, Transpower may need to undertake earthworks and cause other disturbance to the Land. The Landowner acknowledges that such earthworks and other disturbance are not a breach of clause 3.1.

3.4 Transpower will meet the costs of:

a. managing trees on the Easement Area (including trimming or removing trees), apart from any costs resulting from trees planted by the Landowner in breach of this Easement;

b. controlling or removing weeds Transpower introduces to the Land, but no other weeds; and

c. maintaining the Line.

3.5 Transpower will, upon request, provide to the Landowner a copy of the plan showing the Accessway.

4. Access Tracks

4.1 If Transpower constructs, modifies or upgrades any access track (including culverts and bridges) under clause 2.1(h), Transpower will, at Transpower’s cost:

a. maintain the access track to the standard Transpower requires; and

b. repair any damage Transpower causes to the access track.

4.2 If the Landowner damages any access track (including culverts and bridges) that Transpower has constructed, modified or upgraded under clause 2.1(h), Transpower may recover the cost of repairing that damage from the Landowner.

4.3 All access tracks (including culverts and bridges) that Transpower constructs, modifies or upgrades under clause 2.1(h) will form part of the Land and will be the Landowner’s property (unless the parties agree otherwise in writing).

5. Notices

5.1 Transpower will give the following notice to the Landowner:

a. before entering the Land to inspect the Line, Transpower will give the Landowner at least five Working Days’ notice; and

b. before entering the Land for any other purpose allowed by this Easement, Transpower will give the Landowner at least 10 Working Days’ notice in writing.

5.2 If Transpower gives the Landowner notice under clause 5.1, the Landowner may set reasonable conditions on Transpower’s entry onto the Land but:

a. the Landowner must inform Transpower of the Landowner’s conditions at least two Working Days before Transpower’s proposed date of entry; and

b. the Landowner’s conditions must not:

i. delay Transpower’s entry by more than 15 Working Days;

ii. require the payment of money or any other consideration by Transpower; or

iii. defeat Transpower’s ability to exercise effectively Transpower’s rights under this Easement.

57