8  Nature of Land Interests81

[Only clauses 8.1 (Access to the Sites) and 8.13 (Compliance with the Title Deeds) should be used if the Authority wishes to grant a licence during the entire Contract Period and adopt the contract debtor structure, which means that no leasehold interest is granted to the Contractor.  This is the preferred route for Fire & Rescue and Police Services projects.]

[Clauses 8.2 (Access during Construction) to 8.13 (Compliance with the Title Deeds) inclusive should be used if the Authority wishes to grant a licence during the works period and then a lease/leaseback during the services phase.]82

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81 The Authority should produce a pack of title information (including search results) in conjunction with its legal adviser to be placed in the Data Room.  The Authority should, wherever possible, produce a Certificate of Title.  The Bidder's legal advisers will be responsible for provision of any Certificates of Title where this is not possible.

82 The drafting will need to be amended depending upon whether a lease/leaseback arrangement or contract debtor structure is being adopted.