10.1  Access during construction

10.1.1  [From the Commencement Date until the date when the [Leases/Licences] are completed in accordance with this Clause 10 (Land Issues) (or, if earlier, the Termination Date), the Authority will afford the Ancillary Rights to the Contractor and the Contractor Related Parties for the purpose of implementing the Works and [providing the Services].18

10.1.2  If at any time the Contractor requires access to or any interest in any land which does not form part of the Site or any additional rights beyond those which the Contractor has in relation to any part of the Site, the responsibility and cost of securing or acquiring such access or interest shall be entirely the responsibility of the Contractor.

10.1.3  From the start of the Works Period until the grant of the Lease for the Site or (if earlier) the Termination Date, the Authority grants a licence (the "Licence") to the Contractor and all Contractor Related Parties to:

(a)  exercise the Ancillary Rights in respect of the Site; and

(b)  enter upon so much of the Site as is reasonably necessary,

in each case solely for the purposes of implementing the Works provided that the timing of the Works and the access to the Site shall at all times be in accordance with the Works Delivery Plan.  The Licence and the Contractor's right of access to the Site shall automatically cease and determine upon the earlier of the date when the Lease is completed the Expiry Date or the Termination Date.

10.1.4  The Licence granted by Clause 10.1.3:

(a)  shall not operate or be deemed to operate as a demise of the Site or any part thereof and neither the Contractor nor any Contractor Related Party shall have or be entitled to exclusive possession or any estate right title or interest in the Site or any part thereof but shall occupy the Site or any part thereof as a licensee only; and

(b)  is personal to the Contractor and the Contractor Related Parties and is granted only in so far as such rights are capable of being granted by the Authority whether as a result of any restriction in the Title Deeds or otherwise.




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18  Delete if the licence is for the Works Period only.