“3.16.[5.] and not to park on the Access”
“with the right to park vehicles thereon”
“Any structural works required to be carried out to the Property to facilitate the installation of such aerials, transceiver and switch equipment, cabling, power supply equipment and support structures including a mast or tower or any combination of such equipment necessary as is required by the Tenant for the operation of the system on termination of this Lease may at the Landlord’s option either be reinstated or retained for its own benefit.”
“Any structural works required to be carried out to the Property to facilitate the installation shall only be carried out with reasonable prior notification and details of the works being provided to the Landlord and the Tenant shall have the benefit of such works during the term of this Lease but on termination of this Lease the Landlord may at its option either reinstate or retain the works for its own benefit.”
“Any structural works required to be carried out to the Property to facilitate the installation of such aerials, transceiver and switch equipment, cabling, power supply equipment and support structures including a mast or tower or any combination of such equipment necessary as is required by the Tenant for the operation of the system shall only be carried out with reasonable prior notification and details of the works being provided to the Landlord and on termination of this Lease may at the Landlord’s option either be reinstated or retained for its own benefit.” 66 SANDBACH: RIGHTS TO ACCESS LANDLORD’S ADJOINING PROPERTY AND THIRD PARTY PROPERTY Tenant’s right to access adjoining land for works Schedule 1 Pt 1 para 1.2 the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon the Landlord’s Adjoining Property and/or Third Party Property other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the Property and/or the Installation and/or the Access pursuant to the rights granted by this Lease the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon such parts of the Landlord’s Adjoining Property shown edged blue on the Plan other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the Property and/or the Installation and/or the Access pursuant to the rights granted by this Lease the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon such parts of the Superior Landlord’s Adjoining Property/ Landlord’s Adjoining Property and/or Third Party Property shown edged blue on the Plan other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the Property and/or the Installation and/or the Access pursuant to the rights granted by this Lease 67 SANDBACH: RIGHTS TO LAY CONDUITS ON LANDLORD’S ADJOINING PROPERTY AND THIRD PARTY PROPERTY Schedule 1, Pt 1, Para 1.5 The right to lay in and upon the Landlord’s Adjoining Property and/or Third Party Property or to grant to any public electricity supply authority and/or public electronic communications operator and/or statutory undertaker the right to lay in or upon the Landlord’s Adjoining Property and/or Third Party Property in such locations and by such means and on such terms as shall first be approved by the Landlord in accordance with clause 4.2 (such approval not to be unreasonably withheld or delayed) such Conduits (including a separate power supply) to connect the Installation with any available electricity or electronic communications supply cable as the Tenant shall require for the purposes of the exercise of the Rights and thereafter use any such Conduits and such Conduits as exist at the date of this Lease for the Permitted Use and to inspect maintain adjust repair alter renew reroute and upgrade the same. The right to grant to any public electricity supply authority and/or public electronic communications operator and/or statutory undertaker the right to lay in such parts of the Landlord’s Adjoining Property shown edged blue on the Plan such part of the such locations and by such means as shall first be approved by the Landlord (such approval not to be unreasonably withheld or delayed)) such Conduits (including a separate power supply) and in accordance with clause 4.2 to connect the Installation with any available electricity or electronic communications supply cable as the Tenant shall require for the purposes of the exercise of the Rights and thereafter use any such Conduits and such Conduits as exist at the date of this Lease for the Permitted Use and to inspect maintain adjust repair alter renew reroute and upgrade the same. FTT wording at issue 22 Wording at Issue 22 already includes rights for statutory undertakers to lay conduits in or upon landlord’s adjoining property and third party property 68 SANDBACH: TREE LOPPING Schedule 1, Pt 1, Para 1.6 The right to carry out any necessary pruning or trimming of trees or other plantings on the Landlord’s Adjoining Property and/or the Third Party Property if they interfere in any way with the effective operation of the Installation PROVIDED THAT all such works will first be approved by the Landlord and/or Third Party Property Owner as the case may be (such approval not to be unreasonably withheld or delayed. [Please read in conjunction with the Addendum for site specifics.] The right to carry out any necessary pruning or trimming of trees or other plantings that are either within the Landlord’s control or ownership or within the land shown edged blue on the Plan if they interfere in any way with the effective operation of the Installation PROVIDED THAT all such works will first be approved by the Landlord (such approval not to be unreasonably withheld or delayed). SITE SPECIFIC TERMS (SITE 8 – Blackwell Grange (365)) LONG LEASEHOLD LANDLORD’S ADJOINING PROPERTY = NO 69 BLACKWELL GRANGE: INSTALLATION CAP Clause 1.1 Clause 3.19 No restriction to be included Installation Cap: means the equipment and apparatus shown in drawing number [TBC] 3.19 Installation Restriction Tenant must not to erect any equipment or apparatus beyond the Installation Cap. Telecoms Tenant: the tenant from time to time of the Telecoms Lease 6 Telecoms Lease: lease dated *** and made between *** and *** and any future leases of the land demised by that lease 7 1.3 The right to erect install and operate the Installation for the Permitted Use and thereafter maintain relocate repair replace alter renew upgrade add to and remove the Installation and to remove all or any part of the Installation at any time PROVIDED THAT any restriction on the rights granted by this paragraph in accordance with the [Superior Lease] [Telecoms Lease] shall apply to the rights until either: 8 (i) the Tenant has obtained the consent of the [Superior Landlord] [Telecoms Tenant] to the removal or alteration of those restrictions (with a copy of the consent provided to the Landlord); or 9 (ii) an order is imposed by a court binding the rights (or such rights as the court determines) on the [Superior Landlord] [Telecoms Tenant] 70 BLACKWELL GRANGE: TERM (3 YEARS) Clause 1.1 The period of 10 years commencing on the date of this Lease The period of 3 years commencing on the date of this Lease OT wording – 10 year term 71 BLACKWELL GRANGE: INTERFERENCE / SWITCH-OFF Tenant’s obligations in relation to interference Clause 3.20 3.20.1 If the Landlord reasonably believes that the Installation is causing interference with the operation of other equipment on the Superior Landlord’s Property, the Landlord may serve written notice on the Tenant (such notice to be accompanied with any evidence of such interference) (the "Interference Notice"). 3.20.2 Following receipt of the Interference Notice the Tenant shall notify the relevant licence holders operating from the Installation and use reasonable endeavours to facilitate discussions between the relevant licence holders on both the Property and on the Superior Landlord’s Property to seek to resolve the interference specified in the Interference Notice. If the Landlord can demonstrate to the Tenant’s reasonable satisfaction that the Installation is interfering with the operation of any other equipment installed (based on order of install) then the Tenant shall on request switch off the Installation immediately on notice and not switch back on the Installation until such interference is reasonably cured. The Tenant shall use reasonable endeavours to achieve or cooperate in achieving a technical resolution. If the Tenant cannot reasonably cure the interference then it may by written notice terminate the Lease on not less than 6 months written notice to the Landlord. No provision to be included 72 BLACKWELL GRANGE: SUPERIOR LEASE COVENANTS Landlord obligation to enforce Superior Lease covenants Clause 4.7 4.7.2. the Landlord shall use all reasonable endeavours to enforce the covenants on the part of the Superior Landlord contained in the Superior Lease during such period as the Superior Lease subsists. [Please read in conjunction with the Addendum for site specifics.] 4.7.2 Where requested by the Tenant, and subject to the Tenant paying to the Landlord all solicitors and surveyors costs properly and reasonably incurred by the Landlord in relation thereto and subject to the Tenant indemnifying the Landlord against all losses, actions, claims, demands, compensation, damages, costs and expenses and increased costs and expenses relating to or arising from such action, the Landlord shall use reasonable endeavours to enforce the covenants on the part of the Superior Landlord contained in the Superior Lease during such period as the Superior Lease subsists 73 BLACKWELL GRANGE: RIGHTS TO ACCESS SUPERIOR LANDLORD’S PROPERTY Tenant’s right to access adjoining land for works Schedule 1 Pt 1 para 1.2 the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon the Superior Landlord’s Property other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the Property and/or the Installation and/or the Access pursuant to the rights granted by this Lease the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon such parts of the Superior Landlord’s Property as shown edged blue on the plan other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the Property and/or the Installation and/or the Access pursuant to the rights granted by this Lease the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon such parts of the Superior Landlord’s Adjoining Property/ Landlord’s Adjoining Property and/or Third Party Property shown edged blue on the Plan other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the Property and/or the Installation and/or the Access pursuant to the rights granted by this Lease 74 BLACKWELL GRANGE: RIGHTS TO LAY CONDUITS ON SUPERIOR LANDLORD’S PROPERTY Schedule 1 Pt 1 para 1.5 The right to lay in and upon the Superior Landlord’s Property or to grant to any public electricity supply authority and/or public electronic communications operator and/or statutory undertaker the right to lay in or upon the Superior Landlord’s Property in such locations and by such means and on such terms as shall first be approved by the Landlord in accordance with clause 4.2 (such approval not to be unreasonably withheld or delayed) such Conduits (including a separate power supply) to connect the Installation with any available electricity or electronic communications supply cable as the Tenant shall require for the purposes of the exercise of the Rights and thereafter use any such Conduits and such Conduits as exist at the date of this Lease for the Permitted Use and to inspect maintain adjust repair alter renew reroute and upgrade the same. The right to grant to any public electricity supply authority and/or public electronic communications operator and/or statutory undertaker the right to lay in such parts of the Superior Landlord’s Property shown edged blue on the Plan such part of the such locations and by such means as shall first be approved by the Landlord (such approval not to be unreasonably withheld or delayed)) and in accordance with clause 4.2 such Conduits (including a separate power supply) to connect the Installation with any available electricity or electronic communications supply cable as the Tenant shall require for the purposes of the exercise of the Rights and thereafter use any such Conduits and such Conduits as exist at the date of this Lease for the Permitted Use and to inspect maintain adjust repair alter renew reroute and upgrade the same. FTT wording at issue 22 Wording at Issue 22 already includes rights for statutory undertakers to lay conduits in or upon superior landlord’s property 75 BLACKWELL GRANGE: TREE LOPPING Schedule 1, Pt 1, Para 1.6 The right to carry out any necessary pruning or trimming of trees or other plantings on the Superior Landlord’s Property if they interfere in any way with the effective operation of the Installation PROVIDED THAT all such works will first be approved by the Landlord and/or Superior Landlord as the case may be (such approval not to be unreasonably withheld or delayed. [Please read in conjunction with the Addendum for site specifics.] The right to carry out any necessary pruning or trimming of trees or other plantings that are either within the Landlord’s control or ownership or within the land shown edged blue on the Plan if they interfere in any way with the effective operation of the Installation PROVIDED THAT all such works will first be approved by the Landlord (such approval not to be unreasonably withheld or delayed). SITE SPECIFIC TERMS (SITE 9- Moreton in Marsh (642)) LONG LEASEHOLD LANDLORD’S ADJOINING PROPERTY = YES 76 MORETON IN MARSH: SUPERIOR LEASE COVENANTS Landlord obligation to enforce Superior Lease covenants Clause 4.7 4.7.2. the Landlord shall use all reasonable endeavours to enforce the covenants on the part of the Superior Landlord contained in the Superior Lease during such period as the Superior Lease subsists. [Please read in conjunction with the Addendum for site specifics.] 4.7.2 Where requested by the Tenant, and subject to the Tenant paying to the Landlord all solicitors and surveyors costs properly and reasonably incurred by the Landlord in relation thereto and subject to the Tenant indemnifying the Landlord against all losses, actions, claims, demands, compensation, damages, costs and expenses and increased costs and expenses relating to or arising from such action, the Landlord shall use reasonable endeavours to enforce the covenants on the part of the Superior Landlord contained in the Superior Lease during such period as the Superior Lease subsists 77 MORETON IN MARSH: LANDLORD’S BREAK (ON OR AFTER Y5) Clause 6.6 [No provision] The Landlord may terminate this Lease: 6.6.1 At any time on or after the fifth year anniversary of the date of this agreement on not less than 6 month’s prior written notice; or 6.6.2 At any time on or after fifth year anniversary of the date of this agreement on not less than 6 months’ prior written notice where: 6.6.2.1 the Landlord desires to redevelop all or part of the Property or any neighbouring land; or 6.6.2.2 the test under paragraph 21 of the Electronic Communications Code for the imposition of the agreement on the Landlord is no longer met; or 6.6.3 At any time on or after the fifth year anniversary of the date of this agreement on not less than 6 months’ prior written notice where there is a material change in circumstances where the Landlord reasonably believes there would be a material change in the consideration payable for the Property; 6.7 On the expiry of a notice given by the Landlord under clause 6.6: 6.7.1 the Lease shall absolutely determine but without prejudice to any right of action or remedy of the Landlord or the Tenant for any antecedent breach of covenant by the other; and 6.7.2 the Landlord shall within 28 days of the Tenant providing vacant possession of the Property following the Landlord’s Break Date repay to the Tenant the proportion of the Rent paid by the Tenant for the period from the date of termination to the next date for payment of the Rent Landlord redevelopment break clause after 5 years – wording as for Issue 19 78 MORETON IN MARSH: RIGHTS TO ACCESS SUPERIOR LANDLORD’S PROPERTY Tenant’s right to access adjoining land for works Schedule 1 Pt 1 para 1.2 the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon the Superior Landlord’s Property other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the Property and/or the Installation and/or the Access pursuant to the rights granted by this Lease the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon such parts of the Superior Landlord’s Property as shown edged blue on the plan other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the Property and/or the Installation and/or the Access pursuant to the rights granted by this Lease the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon such parts of the Superior Landlord’s Adjoining Property/ Landlord’s Adjoining Property and/or Third Party Property shown edged blue on the Plan other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the Property and/or the Installation and/or the Access pursuant to the rights granted by this Lease 79 MORETON IN MARSH: RIGHTS TO LAY CONDUITS ON SUPERIOR LANDLORD’S PROPERTY Schedule 1 Pt 1 para 1.5 The right to lay in and upon the Superior Landlord’s Property or to grant to any public electricity supply authority and/or public electronic communications operator and/or statutory undertaker the right to lay in or upon the Superior Landlord’s Property in such locations and by such means and on such terms as shall first be approved by the Landlord in accordance with clause 4.2 (such approval not to be unreasonably withheld or delayed) such Conduits (including a separate power supply) to connect the Installation with any available electricity or electronic communications supply cable as the Tenant shall require for the purposes of the exercise of the Rights and thereafter use any such Conduits and such Conduits as exist at the date of this Lease for the Permitted Use and to inspect maintain adjust repair alter renew reroute and upgrade the same. The right to grant to any public electricity supply authority and/or public electronic communications operator and/or statutory undertaker the right to lay in such parts of the Superior Landlord’s Property shown edged blue on the Plan such part of the such locations and by such means as shall first be approved by the Landlord (such approval not to be unreasonably withheld or delayed)) and in accordance with clause 4.2 such Conduits (including a separate power supply) to connect the Installation with any available electricity or electronic communications supply cable as the Tenant shall require for the purposes of the exercise of the Rights and thereafter use any such Conduits and such Conduits as exist at the date of this Lease for the Permitted Use and to inspect maintain adjust repair alter renew reroute and upgrade the same. FTT wording at issue 22 Wording at Issue 22 already includes rights for statutory undertakers to lay conduits in or upon superior landlord’s property 80 MORETON IN MARSH: TREE LOPPING Schedule 1, Pt 1, Para 1.6 The right to carry out any necessary pruning or trimming of trees or other plantings on the Superior Landlord’s Property if they interfere in any way with the effective operation of the Installation PROVIDED THAT all such works will first be approved by the Landlord and/or Superior Landlord as the case may be (such approval not to be unreasonably withheld or delayed. [Please read in conjunction with the Addendum for site specifics.] The right to carry out any necessary pruning or trimming of trees or other plantings that are either within the Landlord’s control or ownership or within the land shown edged blue on the Plan if they interfere in any way with the effective operation of the Installation PROVIDED THAT all such works will first be approved by the Landlord (such approval not to be unreasonably withheld or delayed). SITE SPECIFIC TERMS (SITE 10- Ayot Green (643)) LONG LEASEHOLD LANDLORD’S ADJOINING PROPERTY = NO 81 AYOT GREEN: TERM (3 YEARS) Clause 1.1 The period of 10 years commencing on the date of this Lease The period of 3 years commencing on the date of this Lease OT wording – 10 year term 82 AYOT GREEN: INSTALLATION CAP AND MAST HEIGHT RESTRICTION Tenant’s right to add to the Installation Schedule 1, Part 1, Para 1.5(b) Clause 3.19 No restrictions to be included Paragraph 1.2 of Part 1 of Schedule 1 shall be amended to include the following additional wording “Provided That the Installation shall not exceed 25 metres in height save for any extension up to 30 metres with Landlord’s consent Clause 3.19 Height and Installation Restriction The Tenant must not make any alteration or addition to the Property which results in the Installation or any part of it exceeding 25 metres in height (save for any extension up to 30 metres with Landlord’s consent) above the ground level of the Property at the date of this Lease and the Tenant must not erect any building, structure or equipment which exceeds 25 metres in height (save for any extension up to 30 metres with Landlord’s consent) above the ground level of the Property at the date of this Lease Telecoms Tenant: the tenant from time to time of the Telecoms Lease Telecoms Lease: lease dated *** and made between *** and *** and any future leases of the land demised by that lease 1.3 The right to erect install and operate the Installation for the Permitted Use and thereafter maintain relocate repair replace alter renew upgrade add to and remove the Installation and to remove all or any part of the Installation at any time PROVIDED THAT any restriction on the rights granted by this paragraph in accordance with the [Superior Lease] [Telecoms Lease] shall apply to the rights until either: (i) the Tenant has obtained the consent of the [Superior Landlord] [Telecoms Tenant] to the removal or alteration of those restrictions (with a copy of the consent provided to the Landlord); or (ii) an order is imposed by a court binding the rights (or such rights as the court determines) on the [Superior Landlord] [Telecoms Tenant] 83 AYOT GREEN: SUPERIOR LEASE COVENANTS Landlord obligation to enforce Superior Lease covenants Clause 4.7 4.7.2. the Landlord shall use all reasonable endeavours to enforce the covenants on the part of the Superior Landlord contained in the Superior Lease during such period as the Superior Lease subsists. [Please read in conjunction with the Addendum for site specifics.] 4.7.2 Where requested by the Tenant, and subject to the Tenant paying to the Landlord all solicitors and surveyors costs properly and reasonably incurred by the Landlord in relation thereto and subject to the Tenant indemnifying the Landlord against all losses, actions, claims, demands, compensation, damages, costs and expenses and increased costs and expenses relating to or arising from such action, the Landlord shall use reasonable endeavours to enforce the covenants on the part of the Superior Landlord contained in the Superior Lease during such period as the Superior Lease subsists 84 AYOT GREEN: RIGHTS TO ACCESS SUPERIOR LANDLORD’S PROPERTY Tenant’s right to access adjoining land for works Schedule 1 Pt 1 para 1.2 the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon the Superior Landlord’s Property other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the Property and/or the Installation and/or the Access pursuant to the rights granted by this Lease the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon such parts of the Superior Landlord’s Property as shown edged blue on the plan other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the Property and/or the Installation and/or the Access pursuant to the rights granted by this Lease the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon such parts of the Superior Landlord’s Adjoining Property/ Landlord’s Adjoining Property and/or Third Party Property shown edged blue on the Plan other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the Property and/or the Installation and/or the Access pursuant to the rights granted by this Lease Tenant’s right to access adjoining land for works Schedule 1 Pt 1 para 1.2 the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon the Superior Landlord’s Property other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the Property and/or the Installation and/or the Access pursuant to the rights granted by this Lease [Please read in conjunction with the Addendum for site specifics.] the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon such parts of the Superior Landlord’s Adjoining Property/ Landlord’s Adjoining Property and/or Third Party Property shown edged blue on the Plan other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the Property and/or the Installation and/or the Access pursuant to the rights granted by this Lease 85 AYOT GREEN: RIGHTS TO LAY CONDUITS ON SUPERIOR LANDLORD’S PROPERTY Schedule 1 Pt 1 para 1.5 The right to lay in and upon the Superior Landlord’s Property or to grant to any public electricity supply authority and/or public electronic communications operator and/or statutory undertaker the right to lay in or upon the Superior Landlord’s Property in such locations and by such means and on such terms as shall first be approved by the Landlord in accordance with clause 4.2 (such approval not to be unreasonably withheld or delayed) such Conduits (including a separate power supply) to connect the Installation with any available electricity or electronic communications supply cable as the Tenant shall require for the purposes of the exercise of the Rights and thereafter use any such Conduits and such Conduits as exist at the date of this Lease for the Permitted Use and to inspect maintain adjust repair alter renew reroute and upgrade the same. The right to grant to any public electricity supply authority and/or public electronic communications operator and/or statutory undertaker the right to lay in such parts of the Superior Landlord’s Property shown edged blue on the Plan such part of the such locations and by such means as shall first be approved by the Landlord (such approval not to be unreasonably withheld or delayed)) and in accordance with clause 4.2 such Conduits (including a separate power supply) to connect the Installation with any available electricity or electronic communications supply cable as the Tenant shall require for the purposes of the exercise of the Rights and thereafter use any such Conduits and such Conduits as exist at the date of this Lease for the Permitted Use and to inspect maintain adjust repair alter renew reroute and upgrade the same. FTT wording at issue 22 Wording at Issue 22 already includes rights for statutory undertakers to lay conduits in or upon superior landlord’s property 86 AYOT GREEN: TREE LOPPING Schedule 1, Pt 1, Para 1.6 The right to carry out any necessary pruning or trimming of trees or other plantings on the Superior Landlord’s Property if they interfere in any way with the effective operation of the Installation PROVIDED THAT all such works will first be approved by the Landlord and/or Superior Landlord as the case may be (such approval not to be unreasonably withheld or delayed. [Please read in conjunction with the Addendum for site specifics.] The right to carry out any necessary pruning or trimming of trees or other plantings that are either within the Landlord’s control or ownership or within the land shown edged blue on the Plan if they interfere in any way with the effective operation of the Installation PROVIDED THAT all such works will first be approved by the Landlord (such approval not to be unreasonably withheld or delayed). SITE SPECIFIC TERMS (SITE 11- Cambourne (697)) – Carn Entral LONG LEASEHOLD LANDLORD’S ADJOINING PROPERTY = NO 87 CAMBOURNE: INSTALLATION CAP AND MAST HEIGHT RESTRICTION Tenant’s right to add to the Installation Clause 1.1 Schedule 1 Pt 1 para 1.3 Clause 3.20 No restrictions to be agreed Installation Cap: means the equipment and apparatus shown in drawing number [TBC] Paragraph 1.3 of Part 1 of Schedule 1 shall be amended to add the following words to the end of the provision. “Provided that no part of the Installation shall exceed 12 metres in height above the ground level of the Property at the date of this Lease and not to erect any equipment or apparatus beyond the Installation Cap.” 3.20 Height and Installation Restriction The Tenant must not make any alteration or addition to the Property which results in the Installation or any part of it exceeding 12 metres in height above the ground level of the Property at the date of this Lease and the Tenant must not erect any building, structure or equipment which exceeds 12 metres in height above the ground level of the Property at the date of this Lease and the Tenant must not to erect any equipment or apparatus beyond the Installation Cap. Telecoms Tenant: the tenant from time to time of the Telecoms Lease Telecoms Lease: lease dated *** and made between *** and *** and any future leases of the land demised by that lease 1.3 The right to erect install and operate the Installation for the Permitted Use and thereafter maintain relocate repair replace alter renew upgrade add to and remove the Installation and to remove all or any part of the Installation at any time PROVIDED THAT any restriction on the rights granted by this paragraph in accordance with the [Superior Lease] [Telecoms Lease] shall apply to the rights until either: (i) the Tenant has obtained the consent of the [Superior Landlord] [Telecoms Tenant] to the removal or alteration of those restrictions (with a copy of the consent provided to the Landlord); or (ii) an order is imposed by a court binding the rights (or such rights as the court determines) on the [Superior Landlord] [Telecoms Tenant] 88 CAMBOURNE: TERM (3 YEARS) Clause 1.1 The period of 10 years commencing on the date of this Lease The period of 3 years commencing on the date of this Lease OT wording – 10 year term 89 CAMBOURNE: INDEMNITY Indemnity Clause 3.11 Existing template provision in lease should be used Clause 3.10.1 (Revised Clause 3.11.1) shall be amended as follows: “[3.11.1] Subject to clause [3.11.2] the Tenant shall indemnify the Landlord and Superior Landlord against any liability of the Landlord or Superior Landlord to a third party in respect of losses of such third party arising out of any act error or omission or negligence of the Tenant or its servants agents or contractors in the use of the Property the Installation and the exercise of the Rights (save to the extent that any act error or omission of the Landlord or Superior Landlord their respective servants agents or contractors has caused or contributed to such losses) PROVIDED THAT [3.11.1.1] the Landlord or Superior Landlord shall as soon as practicable give written notice to the Tenant of all claims or proceedings in alleging such liability being threatened brought made or lodged against the Landlord or Superior Landlord in respect of the exercise of the Rights; [3.11.1.2] the Landlord or Superior Landlord shall take due regard to the reasonable representations of the Tenant in respect of any Claims; [3.11.1.3] the Tenant reserves the right to defend each and any Claim at the Tenant’s cost or settle any proceedings subject to the Landlord’s and Superior Landlord prior written consent (not to be unreasonably withheld or delayed); [3.11.1.4] the Landlord shall not settle any Claim without the Tenant's prior consent (not to be unreasonably withheld or delayed); and [3.11.2] Nothing in this clause shall restrict or limit the Landlord’s general obligation at law to mitigate a loss it may suffer or incur as a result of an event that may give rise to a claim under this indemnity; [3.11.3] The Tenant shall keep the Landlord indemnified against all expenses, costs, claims, damages and loss, including any diminution in the value of the Superior Landlord’s interest in the Landlord’s Property or in respect of this Lease, caused by or arising from any breach of the obligations of the Landlord contained within the Superior Lease which are caused by or arise from any breach of the obligations of the Tenant in this Lease or from any act error or omission or negligence of the Tenant or its servants agents or contractors in the use of the Property the Installation and the exercise of the Rights Clause 3.11 in draft lease is a comprehensive and sufficient indemnity clause 90 CAMBOURNE: INTERFERENCE / SWITCH-OFF Clause 3.18 Interference 3.18.1 If the Landlord reasonably believes that the Installation is causing interference with the operation of other equipment on the Landlord’s Adjoining Land, the Landlord may serve written notice on the Tenant (such notice to be accompanied with any evidence of such interference) (the "Interference Notice"). 3.18.2 Following receipt of the Interference Notice the Tenant shall notify the relevant licence holders operating from the Installation and use reasonable endeavours to facilitate discussions between the relevant licence holders on both the Property and on the Landlord’s Adjoining Land to seek to resolve the interference specified in the Interference Notice. Switch Off 3.18.1 If the Landlord reasonably believes that the Installation is causing interference with the operation of other equipment the Landlord may serve written notice on the Tenant (such notice to be accompanied with any evidence of such interference) (the "Interference Notice"). 3.18.2 Following receipt of the Interference Notice the Tenant shall: 3.18.2.1 switch off the Installation or part of it if reasonably required by the Landlord to identify the cause of the interference; 3.18.2.2 provide to the Landlord all frequencies, power outputs and other technical details reasonably requested by the Landlord to identify the cause of the interference; and 3.18.2.3 use reasonable endeavours to resolve the specified interference as soon as reasonably practicable. 3.18.3 If the Landlord and Tenant are unable to resolve the interference specified in the Interference Notice within a reasonable period or within 48 hours in the case of emergency: 3.18.3.1 the Tenant shall switch off the Installation (or such interfering part) and will not switch it on again until such interference has been resolved; 3.18.3.2 the Tenant or the Landlord may require the Installation or part of it to be re-designed or relocated by giving each other prior written notice and as soon as reasonably practicable following such notice, the parties will enter discussions and provide reasonable assistance to each other for the re-design and relocation of the Installation in order to resolve such interference; 3.18.4 In the event that the Landlord of those authorised by the Landlord intends to carry out any activities or works and reasonably requires the Tenant to switch off or power down the Installation in order to ensure those activities and works may be carried out safely, the Tenant shall switch off or power down the Installation for as long as is reasonably necessary provided that the Landlord gives the Tenant reasonable prior written notice (which may be immediate notice in the case of emergency). 3.18.5 If the Installation is not switched off or powered down when required under this Lease, the Tenant shall indemnify the Landlord against all losses, actions, claims, demands, compensation, damages, costs and expenses and increased costs and expenses relating to or arising from such breach, including but not limited to the cost of re-organising or re-arranging any inspections, surveys, repairs or works. No provision to be included 91 CAMBOURNE: RECORD OF CONDITION OF PROPERTY Condition of part of Property subject of works Clause 3.9.4 Inserted wording not agreed. Provisions in template lease cover this adequately 3.9.4 prior to commencing any works, the Tenant shall agree with the Landlord in writing the condition of the part of the Property and where relevant the Superior Landlord’s Property where such works are to be carried out APW wording inappropriate for a rural site surrounded by grass land used for grazing. No provision to be included. 92 CAMBOURNE: ACCESS CONDITIONS Access Schedule 1 Part 1 Paragraph 4 Provisions in template lease cover this adequately The Tenant shall exercise the Rights in accordance with any reasonable estates management regulations made by the Superior Landlord PROVIDED THAT no charges shall be payable for exercising these rights Wording in draft lease 3.16.1 and in particular 3.16.1 (iii) adequately address APW concerns. 93 CAMBOURNE: RIGHTS FOR LANDLORD TO RE-ROUTE CONDUITS Lift and shift Schedule 1 Part 1 Paragraph 5 Schedule 1 Part 2 para 1(e) Subject to the provisions in clause 5 in the Lease, the right to re-route or replace any Conduits on the Landlord’s Adjoining Property and any Right in connection with such Conduits shall then apply in relation to the Conduits as re-routed or replaced Schedule 1 Part 1 Paragraph 5 The Landlord may at its discretion, re-route or replace any Conduits and any Right in connection with such Conduits shall then apply in relation to the Conduits as re-routed or replaced OT wording 94 CAMBOURNE: SUPERIOR LEASE COVENANTS Landlord obligation to enforce Superior Lease covenants Clause 4.7 4.7.2. the Landlord shall use all reasonable endeavours to enforce the covenants on the part of the Superior Landlord contained in the Superior Lease during such period as the Superior Lease subsists. [Please read in conjunction with the Addendum for site specifics.] 4.7.2 Where requested by the Tenant, and subject to the Tenant paying to the Landlord all solicitors and surveyors costs properly and reasonably incurred by the Landlord in relation thereto and subject to the Tenant indemnifying the Landlord against all losses, actions, claims, demands, compensation, damages, costs and expenses and increased costs and expenses relating to or arising from such action, the Landlord shall use reasonable endeavours to enforce the covenants on the part of the Superior Landlord contained in the Superior Lease during such period as the Superior Lease subsists 95 CAMBOURNE: RIGHTS TO ACCESS SUPERIOR LANDLORD’S PROPERTY Tenant’s right to access adjoining land for works Schedule 1 Pt 1 para 1.2 the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon the Superior Landlord’s Property other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the Property and/or the Installation and/or the Access pursuant to the rights granted by this Lease the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon such parts of the Superior Landlord’s Property as shown edged blue on the plan other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the Property and/or the Installation pursuant to the rights granted by this Lease the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon such parts of the Superior Landlord’s Adjoining Property/ Landlord’s Adjoining Property and/or Third Party Property shown edged blue on the Plan other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the Property and/or the Installation and/or the Access pursuant to the rights granted by this Lease 96 CAMBOURNE: RIGHTS TO LAY CONDUITS ON SUPERIOR LANDLORD’S PROPERTY Schedule 1 Pt 1 para 1.5 The right to lay in and upon the Superior Landlord’s Property or to grant to any public electricity supply authority and/or public electronic communications operator and/or statutory undertaker the right to lay in or upon the Superior Landlord’s Property in such locations and by such means and on such terms as shall first be approved by the Landlord in accordance with clause 4.2 (such approval not to be unreasonably withheld or delayed) such Conduits (including a separate power supply) to connect the Installation with any available electricity or electronic communications supply cable as the Tenant shall require for the purposes of the exercise of the Rights and thereafter use any such Conduits and such Conduits as exist at the date of this Lease for the Permitted Use and to inspect maintain adjust repair alter renew reroute and upgrade the same. The right to grant to any public electricity supply authority and/or public electronic communications operator and/or statutory undertaker the right to lay in such parts of the Superior Landlord’s Property shown edged blue on the Plan such part of the such locations and by such means as shall first be approved by the Landlord (such approval not to be unreasonably withheld or delayed)) such Conduits (including a separate power supply) and in accordance with clause 4.2 to connect the Installation with any available electricity or electronic communications supply cable as the Tenant shall require for the purposes of the exercise of the Rights and thereafter use any such Conduits and such Conduits as exist at the date of this Lease for the Permitted Use and to inspect maintain adjust repair alter renew reroute and upgrade the same. FTT wording at issue 22 Wording at Issue 22 already includes rights for statutory undertakers to lay conduits in or upon superior landlord’s property 97 CAMBOURNE: TREE LOPPING Schedule 1, Pt 1, Para 1.6 The right to carry out any necessary pruning or trimming of trees or other plantings on the Superior Landlord’s Property if they interfere in any way with the effective operation of the Installation PROVIDED THAT all such works will first be approved by the Landlord and/or Superior Landlord as the case may be (such approval not to be unreasonably withheld or delayed. [Please read in conjunction with the Addendum for site specifics.] The right to carry out any necessary pruning or trimming of trees or other plantings that are either within the Landlord’s control or ownership or within the land shown edged blue on the Plan if they interfere in any way with the effective operation of the Installation PROVIDED THAT all such works will first be approved by the Landlord (such approval not to be unreasonably withheld or delayed). SITE SPECIFIC TERMS (SITE 12- Chesterfield (699) Hollow Farm) FREEHOLD LANDLORD’S ADJOINING PROPERTY = NO 98 CHESTERFIELD: TERM (18 MONTHS) Clause 1.1 The period of 10 years commencing on the date of this Lease The period of 18 months commencing on the date of this Lease OT wording – 10 year term 99 CHESTERFIELD: TENANT’S RIGHT TO PARK ON THE ACCESS Clause 3.16 Schedule 1 Pt 1 Para 1.1 No restriction to be agreed. Right is already granted insofar as the Landlord is able to grant the same 3.16.[5.] not to park on the Access Paragraph 1.1 of Part 1 of Schedule 1 shall be amended to remove the following words from the provision: “park”
“Provided that no part of the Installation shall exceed 15 metres in height above the ground level of the Property at the date of this Lease and not to erect any equipment or apparatus beyond the Installation Cap.” 3.20 Height and Installation Restriction The Tenant must not make any alteration or addition to the Property which results in the Installation or any part of it exceeding 15 metres in height above the ground level of the Property at the date of this Lease and the Tenant must not erect any building, structure or equipment which exceeds 15 metres in height above the ground level of the Property at the date of this Lease and the Tenant must not to erect any equipment or apparatus beyond the Installation Cap Telecoms Tenant: the tenant from time to time of the Telecoms Lease Telecoms Lease: lease dated *** and made between *** and *** and any future leases of the land demised by that lease 1.3 The right to erect install and operate the Installation for the Permitted Use and thereafter maintain relocate repair replace alter renew upgrade add to and remove the Installation and to remove all or any part of the Installation at any time PROVIDED THAT any restriction on the rights granted by this paragraph in accordance with the [Superior Lease] [Telecoms Lease] shall apply to the rights until either: (i) the Tenant has obtained the consent of the [Superior Landlord] [Telecoms Tenant] to the removal or alteration of those restrictions (with a copy of the consent provided to the Landlord); or (ii) an order is imposed by a court binding the rights (or such rights as the court determines) on the [Superior Landlord] [Telecoms Tenant] 112 CARSHALTON: TERM (3 YEARS) Clause 1.1 The period of 10 years commencing on the date of this Lease The period of 3 years commencing on the date of this Lease OT wording – 10 year term 113 CARSHALTON: RESTRICTIONS ON USE Clause 3.16 3.16.[5.] not to deposit any waste, rubbish, soil or other material on any part of the Access or Superior Landlord’s Property 3.16.[5.] not to deposit any waste, rubbish, soil or other material on any part of the Property, Access or Superior Landlord’s Property OT wording 114 CARSHALTON: ACCESS CONDITIONS Clause 3.9.3 No further provisions other than proposed in Access Clause 3.9.3 shall be amended to incorporate the following at the end of the clause: “and complying with all reasonable security requirements of the Superior Landlord” 3.16.[7.] to comply with reasonable security procedures as are required by the Landlord Wording in draft lease 3.16.1 and in particular 3.16.1 (iii) adequately address APW concerns. 115 CARSHALTON: INDEMNITY Clause 3.11 Existing template provision in lease should be used Save to the extent that the same arises due to the act neglect or default of the Landlord, indemnify the Landlord against all actions claims damages costs expenses and losses in respect of any liability arising from the use of the Property or the Installation the exercise of the Tenant of the Rights or any breach or non-observance by the Tenant of its obligations under this Lease provided that; (a) neither party restricts or limits its liability to the other for negligence causing death or personal injury; (b) the Landlord shall take all reasonable steps to mitigate any such actions claims damages costs expenses and losses and shall not compound compromise or settle of the same without prior written approval of the Tenant (such approval not to be unreasonably withheld or delayed); (c) the total liability of the Tenant under this clause [3.11.1] in relation to any one event or circumstance shall not exceed fifteen million pounds (£15,000,000.00 ). Save to the extent that the same arises due to the act neglect or default of the Superior Landlord, indemnify the Superior Landlord against all actions claims damages costs expenses and losses in respect of any liability arising from the use of the Property or the Installation the exercise of the Tenant of the Rights or any breach or non-observance by the Tenant of its obligations under this Lease provided that; (a) neither party restricts or limits its liability to the other for negligence causing death or personal injury; (b) the Superior Landlord shall take all reasonable steps to mitigate any such actions claims damages costs expenses and losses and shall not compound compromise or settle of the same without prior written approval of the Tenant (such approval not to be unreasonably withheld or delayed); (c) the total liability of the Tenant under this clause [3.11.1] in relation to any one event or circumstance shall not exceed fifteen million pounds (£15,000,000.00 ). Clause 3.12.3 shall be removed Clause 3.11 in draft lease is a comprehensive and sufficient indemnity clause 116 CARSHALTON: TENANT’S RIGHT TO PARK ON THE ACCESS Clause 3.16 Part 1 Schedule 1 No restriction to be agreed. Right is already granted insofar as the Landlord is able to grant the same. 3.16.[6.] not to park on the Access Paragraph 1.1 of Part 1 of Schedule 1 shall be amended to remove the following words from the provision: “with the right to park vehicles thereon”
“or in any way interfere with” and “or interfere with the same”