6  BT Attachments4

6.1  The Service Provider acknowledges that pursuant to and in accordance with the BT Licence, BT Attachments may be placed by BT on, in or around Apparatus in the BT Sites.  

6.2  The Service Provider shall liaise, co-ordinate and co-operate with BT on behalf of the Authority in order to ensure that, as far as reasonably practicable, all works carried out by BT in accordance with the BT Licence are set out in the relevant Annual Investment Programme.

6.3  Where the Service Provider reasonably believes that works to be carried out by BT in accordance with the BT Licence will adversely affect the Service, then it shall notify the Authority of the same as soon as reasonably practicable.  

6.4  Where notified in accordance with paragraph 6.3 the Authority shall use its reasonable endeavours to re-arrange such BT works in order to minimise any such adverse effect on the Service.

6.5  Where the Authority or an Authority Party seeks to carry out works to BT Apparatus that is not set out in the relevant Annual Investment Programme, it shall notify the Service Provider of the same and such works shall not be undertaken by the Authority or an Authority Party without the written approval of the Service Provider (such approval not to be unreasonably withheld or delayed).  

6.6  Where the Service Provider reasonably requires that BT Attachments are temporarily removed from BT Apparatus in order to provide the Service in accordance with this Contract then the Service Provider shall give the Authority not less than forty (40) Business Days notice of the same unless such Services are required due to the occurrence of a Category 1 Defect.  

6.7  The Authority shall, within thirty (30) Business Days of receipt of the notice served in accordance with paragraph 6.6 above, notify the Service Provider of:

(a)  those items of BT Apparatus on which the BT Attachments shall be removed by the Service Provider in accordance with paragraph 6.8;

(b)  those items of BT Apparatus in respect of which BT Attachments have been removed by the Authority or an Authority Party; and

(c)  those BT Attachments which shall not be removed by the Service Provider or the Authority or an Authority Party.

6.8  Where the Service Provider is instructed to remove BT Attachments from BT Apparatus in accordance with paragraph 6.7(a), such BT Attachment removal shall be carried out as part of the Service and all removed BT Attachments shall be stored in the Depot in a safe and secure manner until such time as the Service Provider notifies the Authority that such BT Attachments are ready for collection and the same are collected by the Authority or an Authority Party.

6.9  The Service Provider shall be entitled to be reimbursed by the Authority for any expenses reasonably incurred for the removal and storage of those BT Attachments referred to in paragraph 6.8.

6.10  Where the notice issued by the Authority pursuant to paragraph 6.6 states that there are BT Attachments which shall not be removed, then this event shall be an Excusing Cause and the provisions of clause 40 (Excusing Causes) shall apply.

6.11  The Service Provider shall notify the Authority as soon as reasonably practicable of the completion of the relevant part of the Service to the affected BT Apparatus.

6.12  The Service Provider shall not be responsible for re-attaching any BT Attachments removed by it in accordance with paragraph 6.8.

6.13  The Service Provider shall agree the specification of any replacement BT Apparatus with Authority at least three (3) months prior to the replacement of such existing BT Apparatus (save for any replacements that are required as a result of a Category 1 Defect in which case such replacement BT Apparatus shall be in accordance with the requirements of the Output Specification).

6.14  Where the specification agreed for replacement BT Apparatus in accordance with paragraph 6.13 differs from the specification for other items if similar Apparatus in the Output Specification, then the Service Provider shall be entitled to be reimbursed for any reasonable additional costs incurred as a result of the differing specification.  

6.15  The Authority shall notify the Service Provider as soon as reasonably practicable of any changes to the list of BT Apparatus and BT Sites and the Service Provider shall update the relevant section(s) of the Management Information System accordingly pursuant to the provisions of this Contract.

6.16  Where the Service Provider reasonably believes that BT Attachments:

(a)  are not or have not been maintained or installed in accordance with the Good Industry Practice; or

(b)  require urgent works to eliminate danger to the public or for other urgent reasons relating to safety;

then it shall notify the Authority of the same as soon as reasonably practicable provided that nothing in this Schedule 12 shall relieve the Service Provider from complying with its obligations in respect of Category 1 Defects in the Output Specification.  

6.17  The Authority shall, as soon as reasonably practicable, and in any event not later than five (5) Business Days from the date of receipt of the notice served in accordance with paragraph 6.16(a) notify the Service Provider of any works it requires the Service Provider to carry out to the relevant BT Apparatus and/or BT Attachments (if any).

6.18  In the event of any accident or vandalism requiring the replacement of any BT Apparatus which is not a Category 1 Defect, the Service Provider shall notify the Authority of the same as soon as reasonably practicable and shall:

(a)  cut away the affected BT Apparatus and/or BT Attachments and make it safe and remove the same to the Depot where the affected BT Attachments shall be collected at a later agreed date by the Authority or an Authority Party;

(b)  at all times use its reasonable endeavours to secure the safety of the relevant BT Attachments until such time as the same are collected from the Depot by the Authority or an Authority Party; and

(c)  if so notified by the Authority replace the affected BT Apparatus as soon as reasonably practicable, and in any event not later than fifteen (15) Business Days (or such longer period if specified in the notice) after receiving notification from the Authority of the need for replacement.

6.19  Where BT Apparatus is replaced by the Service Provider as a result of a Category 1 Defect, it shall:

(a)  notify the Authority of the same as soon as reasonably practicable and in any event no later than two (2) Business Days after such replacement is completed;

(b)  remove all BT Attachments from the affected BT Apparatus, using all reasonable endeavours not to damage any BT Attachments; and

(c)  at all times use its reasonable endeavours to secure the safety of the relevant BT Attachments until such time as the same are collected from the Depot by the Authority or an Authority Party on a date to be agreed between the parties.

6.20  The Service Provider shall not be responsible for re-attaching any BT Attachments removed by it in accordance with paragraph 6.19.

6.21  Where the Authority notifies the Service Provider that it require the Service Provider to undertake works to the BT Apparatus and/or the Project Network, in accordance with this Schedule 12 then the Service Provider shall carry out such works as part of the Service and the Service Provider shall be entitled to be reimbursed for costs reasonably incurred in carrying out any such works.

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

6.23  The Authority shall be responsible for obtaining all Necessary Consents in respect of any BT Attachments.  

6.24  Subject to clause 52 (Indemnities) the Service Provider shall indemnify the Authority and keep the Authority fully indemnified against all Claims and Losses which the Authority may incur or suffer as a result of damage to BT Attachments by the Service Provider.  

6.25  The Authority shall indemnify and keep the Service Provider fully indemnified against all Claims and Losses which the Service Provider may incur or suffer as a result of damage to the Project Network by the Authority or an Authority Party whilst carrying out works to the BT Apparatus and/or BT Attachments.  

6.26  The Authority shall notify the Service Provider within ten (10) Business Days of the date of termination or expiry of the BT Licence and such notice shall specify the BT Apparatus and areas of the Project Network that the Service Provider is to inspect within thirty (30) Business Days of the receipt of the notice in order to determine whether or not all BT Attachments have been removed and that all items of BT Apparatus and the relevant areas of the Project Network are free from damage that could have reasonably arisen from such removal.

6.27  Where as a result of the inspection carried out by the Service Provider pursuant to paragraph 6.25 it is determined by the Service Provider that BT Attachments are still in place on the Project Network or that the BT Apparatus and the relevant areas of the Project Network are damaged as a result of the removal of BT Attachments, the Service Provider shall notify the Authority of the same within five (5) Business Days of such determination.

6.28  The Authority shall notify the Service Provider of any works it requires to be carried out to the BT Apparatus and/or the relevant areas of the Project Network within ten (10) Business Days of receipt of the notice served pursuant to paragraph 6.26 and the Service Provider shall carry out such works in accordance with paragraph 6.21.

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4  This provision will need to be adapted to reflect project specifics