1 Definitions

In this Schedule 12 the following expressions (in addition to those specified in Schedule 1 (Definitions, Interpretation and Construction)) shall, save where the context or the express provisions of this Contract otherwise requires or admits, have the following meanings:

Advertising means publicity or information intended to attract the public attention to goods and services in the form of hanging banners, posters, boards, signage (whether illuminated or not), electronic display boards and similar as are attached to any Project Network Part.

Anti-Social Behaviour Order means a civil order permitted by section 1 of the Crime and Disorder Act 1998 (extended by the Police Reform Act 2002) granted by the court for service on a named individual whose behaviour causes or is likely to cause, harassment, alarm or distress to one or more people not resident in the same household.

Attachment(s) means all or any Authority Attachments, Third Party Attachments, and/or BT Attachments.

Authority Attachments means any Authority owned notices or other equipment and items authorised by the Authority to be attached to Project Network Parts, including (but not limited to):

(a) dog fouling notices;

(b) litter prevention notices;

(d) any environmental monitoring equipment the Authority considers is necessary or desirable;

(e) alcohol prohibition and other by-law signs;

(f) privilege direction signs;

(g) general and local political signage;

(h) signs and/or notices associated with local or national elections;

(i) Hanging Baskets;

(j) Advertising;

(k) crime prevention equipment or items (including, without limitation, CCTV cameras);

(l) pennants;

(m) Banners;

(n) Authority Festive Decorations; and

(o) other information (including but not limited to notices or signs) which the Authority wishes to attach pursuant to its statutory powers

and for the avoidance of doubt, Authority Attachments shall include Authority Maintained Existing Attachments and shall not include Traffic Signs.

Authority Maintained Existing Attachments means all Authority Attachments which exist in the Project Area as at the Service Commencement Date and which are listed in Appendix 1 to this Schedule 12.

Banners means vertical hanging decorative, informative or festive banners.

BT means British Telecommunications plc (company number 1800000) whose registered office is situated at 81 Newgate Street, London, EC1A 7AJ.

BT Apparatus means the Apparatus identified in Appendix 2 of this Schedule 12 upon which a BT Attachment is placed by BT in accordance with the BT Licence as updated from time to time.

BT Attachments means any BT owned items and/or equipment and/or materials, installed or used by BT on, in or around the Apparatus at the BT Sites for the purposes of the provision of Wi-Fi wireless communication services pursuant to the BT Licence.

BT Licence means the licence dated [♦] between the Authority and BT for the provision of Wi-Fi wireless communication services.

BT Sites means those areas listed in Appendix 2 to this Schedule 12.

Deemed to Comply Street Lighting [to be listed on project specific basis].

Enforcement Action means any of the following:

(a) a warning;

(b) a caution;

(d) an Anti-Social Behaviour Order;

(e) or any other action.

Existing Attachments means:

(a) Existing Authority Attachments; and

(b) Existing Third Party Attachments,

which, for the avoidance of doubt, shall include all Attachments which exist in the Project Area immediately prior to the Service Commencement Date.

Existing Authority Attachments means Authority Maintained Existing Attachments and Service Provider Maintained Existing Attachments.

Existing Third Party Attachments means all Existing Third Party Attachments which exist in the Project Area immediately prior to the Service Commencement Date.

Festive Decorations means lighting, illuminations, decorations, banners and bunting used or intended for:

(a) the celebration or enjoyment of religious festivities (including Christmas and Diwalli); or

(b) annual or regular displays.

Hanging Baskets means a decorative hanging basket weighing not more than [twenty (20)] kilograms.

Performance Targets means the Performance Targets set out in Part ♦ of the Output Specification.

Scheduled Installation Date shall have the meaning given in paragraph 7.2(b) (Existing Attachments Survey) of this Schedule 12.

Schedule of Planned Attachment Maintenance means the programme set out in ♦ as updated from time to time pursuant to the Review Procedure1

Service Provider Maintained Existing Attachments means all Existing Attachments other than Authority Maintained Existing Attachments.

Small Works means [to be defined]2

Small Works Rates means [♦]3

Third Party means a person who is not:

(a) the Authority or an Authority Party; or

(b) the Service Provider or a Service Provider Party.

Third Party Authority means a third party statutory authority, a statutory undertaker or other persons authorised by the Authority.

Third Party Attachments means attachments owned by a Third Party Authority which are attached to or are to be attached to Project Network Parts, including (but not limited to):

(a) fire hydrant signs;

(b) bus stop signs and timetables;

(d) neighbourhood watch signs;

(e) blind persons referencing point; and

(f) direction signage (including AA/RAC signs);

provided that Third Party Attachments shall not include any electronic or electrical connections save those which constitute Third Party Attachments at the Service Commencement Date.

Unauthorised Attachment means any attachment to Apparatus which is not an Authority Attachment or a Third Party Attachment.

Unauthorised Attachment Beneficiary shall have the meaning given in paragraph 8.1 (Unauthorised Attachments) of this Schedule 12.

Unauthorised Attachment Register means the list of Unauthorised Attachments removed by the Service Provider as described in paragraph [♦] of the Output Specification.

_____________________________________________________________________________________

1 Project specific. Could be attached to this Schedule 12 or treated separately.

2 See Change Protocol – could be the items listed in the Catalogue or a separate schedule of rates.

3 Project specific. Could be attached to this Schedule 12 or treated separately.