20.2  Necessary Consents for fixing Apparatus

The Service Provider may, in the course of providing the Service, be required to affix Apparatus to structures that are not Project Network Parts and the Service Provider shall:

(a)  diligently and without delay and, to the extent that it is lawfully entitled to do so, take such action as is necessary or appropriate to liaise with, and obtain Necessary Consents from, Owners (as that term is defined in Section 45(9) of the Public Health Act 1961) of the structure to which it is proposed Apparatus will be attached;

(b)  keep the Authority informed of progress on a continuing basis at all reasonable times, and upon reasonable request by the Authority;

(c)  where the Service Provider, using all reasonable endeavours, has been unable to obtain a Necessary Consent from an Owner, give written notice to the Authority informing the Authority that the Service Provider has been unable to obtain such Necessary Consent and such notice shall set out:

(i)  details of the relevant Apparatus, structure and Owner;

(ii)  documentary evidence of the reasonable endeavours taken by the Service Provider to secure such Necessary Consent; and

(iii)  proposed alternative design solutions whereby the relevant Apparatus could be affixed in another location or to another structure (or other Apparatus) which design solutions shall be the minimum departure from the relevant standards set out in the Output Specification.