NEW ZEALAND GAZETTE, No. 8 — 26 JANUARY 2017

5.1 The Grantee shall, when on the Grantor’s Land (subject to clause 2.1.2):

5.1.1 Wherever possible, remain on the constructed roads and tracks and when on those roads or tracks comply with all traffic laws and regulations as are applicable to public roads.

5.1.2 Immediately after passing through any gates, close such of them as were closed and lock such of them as were locked immediately before such passing through.

5.1.3 Take all reasonable precautions for guarding against any danger (including, but without limitation, fire, physical damage or disease), and in particular shall (but without limiting the general obligation to take full and proper precautions pursuant to this clause 5.1.3) comply with all conditions that may be imposed from time to time by the Grantor or any lawful authority.

5.1.4 Ensure that as little damage or disturbance as possible is caused to the surface of the Grantor’s Land and that the surface is restored as nearly as possible to its former condition and any other damage done by reason of the activities permitted on the Easement Land by this Deed is similarly restored.

5.1.5 The Grantee shall, at its cost, maintain and repair to the satisfaction of the Grantor any part of the Grantor’s Land, including the tracks, fences, gates, drains, buildings or other structures, which is damaged directly or indirectly by the Grantee.

5.2 The Grantee shall compensate the Grantor for any loss suffered by the Grantor resulting directly or indirectly from the actions of the Grantee.

5.3 The Grantee shall at all times in the exercise of the rights set out in this Deed not obstruct or hamper the Grantor, or any agents, employees and contractors of the Grantor, in its or their normal or reasonable use of the Grantor’s Land.

5.4 The Grantee shall not at any time, except with the prior written approval of the Grantor, carry out any activity which is not included within clause 2 of this Deed on the Grantor’s Land, or do any other thing which would affect the ability of the Grantor to use the Grantor’s Land.

5.5 The Grantee shall comply at all times with all statutes and regulations and obtain all approvals, consents and authorisations as are necessary for the Grantee to conduct the activities permitted by this Deed.

5.6 The Grantee shall at all times use its best endeavours to keep the Easement Land clear of noxious weeds and pests.

6. Costs

6.1 The Grantor shall bear all reasonable costs and expenses (including the Grantor’s legal costs) in relation to the preparation, registration and enforcement of any provisions in this Deed.

6.2 The Grantor shall be solely responsible for the registration (if any) of this Deed and any associated costs.

6.3 All costs for the installation and maintenance of structures permitted by this Deed shall be at the Grantor’s cost.

7. Indemnity

7.1 The Grantee hereby indemnifies the Grantor against any loss, claim, damage, costs, expense, liability or proceeding suffered or incurred at any time by the Grantor in connection with this Deed or as a result of the exercise by the Grantee of its rights under this Deed, or any breach by the Grantee of its obligations, undertakings or warranties contained or implied in this Deed.

8. Grantor’s Liability Excluded

8.1 Under no circumstances will the Grantor be liable in contract, tort, or otherwise to the Grantee for any expense, costs, loss, injury, or damage, whether consequential or otherwise, arising directly or indirectly from this Deed or any activity undertaken by the Grantor on the Grantor’s Land, whether the expense, cost, loss, injury or damage is the direct or indirect result of negligence or otherwise.

9. Termination

9.1 The Grantor may terminate the rights created by this Deed if the Grantee breaches any of the terms of this Deed and the breach remains unrectified following written notice to the Grantee specifying the breach and seeking rectification within seven days or such other time provided the parties agree.

9.2 If the breach remains unrectified (or is unable to be rectified) then termination must be by written notice from the Grantor.

9.3 Upon Termination (for whatever reason) of the grant of easement evidence by this Deed all rights of the Grantee shall immediately cease but the Grantee shall not be released from any liability to pay consideration or other moneys up to the date of termination.

9.4 Upon termination the Grantee shall formally surrender the rights under this Deed and surrender the grant of easement.

10. Assignment

10.1 The Grantee may not transfer, lease, assign or licence all or any part of its interest in the Easement Land,