17.3  Terms of the Apparatus Licence

The Authority grants to the Service Provider a licence (the Apparatus Licence) with the right to grant a sub-licence to a Service Provider Party on the following terms:

(a)  the licence shall permit the Service Provider to:

(i)  install Apparatus; and/or

(ii)  use, manage, work on, remove, maintain, clean and repair the Apparatus; and/or

(iii)  affix or remove Attachments to or from the Apparatus;

in each case in connection with and only insofar as such installation, use, management, work, removal, maintenance, cleaning, repair, affixing and removal is necessary or expedient for the performance of the Service Provider's obligations or the exercise of the Service Provider's rights under this Contract;

(b)  in the exercise of the Apparatus Licence the Service Provider shall and shall procure that each Service Provider Party granted a sub-licence shall :

(i)  use reasonable endeavours not to cause any nuisance;

(ii)  at all times comply with Good Industry Practice;

(iii)  comply with all relevant Law and Guidance [and Highway Standards and Relevant Lighting Standards]10 relating to the carrying out of the Service;

(iv)  obtain all Necessary Consents; and

(v)  make good any damage to any Authority Property, [Assets]11 [or any Project Network Part] forthwith but only insofar as the same arises from or in connection with the Project;

(c)  for the avoidance of doubt, neither the Apparatus Licence and the permission to carry out the Service on the Project Network is a licence under NRSWA and is granted subject and without prejudice to:

(i)  any right of the Authority pursuant to clause 60 (Step-In Rights) and/or any other express provision of this Contract to provide the Service;

(ii)  the Authority's rights, powers, duties generally and the exercise of its rights, functions and performance of its obligations in accordance with this Contract; and

(iii)  the rights of agents of the Authority, statutory undertakers and holders of licences under the NRSWA (or any agents of the same);

(d)  the Apparatus Licence is not a lease of any Apparatus and the parties do not intend the Apparatus Licence to transfer any real property from the Authority to the Service Provider or grant to the Service Provider any interest in any Apparatus the subject of this Apparatus Licence or in the land on which any such Apparatus is placed.

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10  See footnote to definition of Guidance.

11  Only relevant if Assets includes equipment and/or property which will be transferred back to the Authority, in which case in relation to the latter, the definition of Assets will need to be expanded and specific provisions included dealing with the condition of the property/equipment on hand-back.