3 Authority Attachments

3.1 The Authority shall, from and including the Service Commencement Date, be responsible for and shall obtain all Necessary Consents in relation to Authority Attachments attached by the Authority. From and including the Service Commencement Date, the Service Provider shall be responsible for and shall obtain all Necessary Consents in relation to Service Provider Maintained Existing Attachments.

3.2 The Service Provider shall be responsible for all Service Provider Maintained Existing Attachments and any Authority Attachments and Third Party Attachments included as part of the Services pursuant to Schedule 14 (Accrual and De-Accrual Process) and/or the Change Protocol. In the event that any Authority Attachments and/or Third Party Attachments are included as part of the Services pursuant to Schedule 14 (Accrual and De-Accrual Process) and/or the Change Protocol, the Authority may (subject to the consent of the Service Provider, such consent not to be unreasonably withheld or delayed) amend existing Performance Targets or include new Performance Targets which are applicable to such Authority Attachments and/or Third Party Attachments.

3.3 Any instruction of the Authority requiring the Service Provider to install Authority Attachments shall be deemed to be Small Works and shall be priced in accordance with the Small Works Rates.

3.4 The Service Provider shall obtain all Necessary Consents in relation to all Authority Attachments and Third Party Attachments to the extent that:

(a) the Service Provider attaches such Authority Attachments and Third Party Attachments (as the case may be) pursuant to paragraph 3.3; and

(b) the Authority includes such Authority Attachments and Third Party Attachments (as the case may be) as part of the Services pursuant to the Schedule 14 (Accrual and De-Accrual Process) and/or the Change Protocol.

3.5 The Authority (in the case of Authority Maintained Existing Attachments and Authority Attachments attached by the Authority or an Authority Party on or following the Service Commencement Date) and the Service Provider (in the case of Service Provider Maintained Existing Attachments and Authority Attachments attached by the Service Provider or Service Provider Party on or following the Service Commencement Date) shall ensure that all such Attachments:

(a) comply with all relevant Law;

(b) comply with any restrictions in the manufacturers' recommendations in respect of the Project Network Parts to which such items are to be attached regarding the:

(i) method of fixing;

(ii) maximum size, weight and height of any fixtures to the Project Network Parts;

(iii) manufacturers' maintenance requirements;

(iv) loading or force placed upon the Project Network Parts at any time; and

(v) are attached and removed in accordance with Good Industry Practice.

3.6 The Authority shall ensure that all Authority Maintained Existing Attachments and Authority Attachments attached by the Authority following Service Commencement Date are maintained in accordance with Good Industry Practice and all relevant Law. Subject to the Change Protocol, the Service Provider is not responsible for Authority Maintained Existing Attachments or Authority Attachments attached by the Authority following the Service Commencement Date and shall not suffer any Adjustments if such Authority Maintained Existing Attachments or Authority Attachments attached by the Authority following the Service Commencement Date are not maintained in accordance with this paragraph 3.6.

3.7 The Service Provider shall ensure that all Service Provider Maintained Existing Attachments and all Attachments included as part of the Services pursuant to Schedule 14 (Accrual and De-Accrual Process) are maintained in accordance with the applicable requirements of the Output Specification.

3.8 Except as specifically stated otherwise in this Contract, the Authority shall be responsible for procuring and paying for the provision of electricity to any Authority Attachment.

3.9 Within ten (10) Business Days (or earlier if practicable) of the Authority attaching an Authority Attachment, the Authority shall notify the Service Provider that such attachment has been carried out. In respect of Authority Maintained Existing Attachments and any other Authority Attachment not included as part of the Service, the Authority shall carry out maintenance works to such Authority Attachments in accordance with the Schedule of Planned Attachment Maintenance.

3.10 Within twenty (20) Business Days after:

(a) notification by the Authority pursuant to paragraph 3.9 or the relevant date of planned attachment maintenance set out in the Schedule of Planned Attachment Maintenance;

(b) becoming aware of the failure of an Authority Attachment (referred to in paragraph 3.9) to meet the requirements set out in paragraphs 3.1 and/or 3.5 and/or 3.6; or

(c) becoming aware of damage caused by the Authority or an Authority Party to the Project Network Parts whilst attaching or removing an Authority Attachment or carrying out maintenance works on the Authority Attachment,

the Service Provider may, if the Service Provider considers that:

(i) an Authority Attachment which has been attached by the Authority or an Authority Party on or following the Service Commencement Date or an Authority Maintained Existing Attachment does not comply with the requirements of paragraph 3.1 and/or paragraph 3.5 and/or paragraph 3.6; and/or

(ii) the Authority or Authority Party has damaged the Project Network Parts whilst attaching or removing an Authority Attachment or carrying out maintenance works to the Authority Attachment,

serve written notice on the Authority to that effect, giving details of the alleged failure. Failure by the Authority to comply with paragraph 3.9 shall not give rise to any Service Provider remedy or action save that the Service Provider shall not be obliged to serve a notice pursuant to this paragraph 3.10 within twenty (20) Business Days.

3.11 The Authority may within ten (10) Business Days of receipt of a notice served by the Service Provider pursuant to paragraph 3.10 dispute the content of such notice in which case the matter shall be referred to Dispute Resolution.

3.12 If the Authority does not:

(a) rectify the failure to comply with paragraph 3.1 and/or paragraph 3.5 and/or paragraph 3.6 or damage caused by the Authority or an Authority Party (as detailed in paragraph 3.10);

(b) instruct the Service Provider to rectify the failure to comply with the requirements of paragraph 3.1 and/or paragraph 3.5 and/or paragraph 3.6 or damage caused by the Authority or Authority Party (as detailed in paragraph 3.10); or

within ten (10) Business Days following the date of agreement or determination that such Authority Attachment does not comply with the requirements of paragraph 3.1 and/or paragraph 3.5 and/or paragraph 3.6 or that the Authority or an Authority Party has damaged the Project Network Parts whilst attaching or removing an Authority Attachment or carrying out maintenance works on an Authority Attachment, the Service Provider shall thereafter have the right to remove such Authority Attachment and return it to the Service Provider's depot and rectify any damage. The Authority shall be obliged to pay the Service Provider for the reasonable costs of any rectification, removal and return (provided the Service Provider has used all reasonable endeavours to minimise such rectification and removal costs and costs of return).

3.13 In the event that the Authority issues an instruction to the Service Provider in accordance with paragraph 3.12(b), the Service Provider shall be obliged to carry out such rectification or removal and the Authority shall be obliged to pay the Service Provider for such rectification or removal in accordance with the Small Works Rates (provided the Service Provider has used all reasonable endeavours to minimise such rectification or removal costs).

3.14 The Authority shall not be responsible for:

(a) any damage caused to any Project Network Parts by the Service Provider or Service Provider Party in attaching, maintaining or removing any Attachments; and

(b) any damage caused by the Authority or an Authority Party to the Project Network Parts whilst attaching or removing an Authority Attachment or carrying out maintenance works on an Authority Attachment to the extent that such damaged Project Network Parts is or will be (notwithstanding such damage) the subject of an imminent planned replacement in accordance with the applicable provisions of this Contract.