7  Existing Attachments Survey

7.1  Notwithstanding any other provision of this Schedule 12, the following shall apply to all Existing Attachments which are to be replaced and/or re-sited as part of the Service or as a consequence of the Service. The Service Provider shall only replace an Existing Attachment where it is incapable of reattachment or does not comply with paragraph 3.5 (Authority Attachments) otherwise the Service Provider shall reuse and resite the Existing Attachment (unless otherwise instructed by any relevant Third Party Authority or by the Authority).

7.2  Not less than thirty (30) Business Days prior to the Service Provider undertaking any works in any street pursuant to any Annual Investment Programme, the Service Provider shall survey all Existing Attachments in that street and:

(a)  provide to the Authority photographs showing all Project Network Parts which have any Existing Attachments attached to them (and on the photographs identify each Attachment with a number and identify the location accurately on a to-scale plan);

(b)  provide to the Authority a 1:500 to-scale plan showing the position, proposed location, details, proposed type, design and details of new Project Network Parts to be installed pursuant to he relevant Annual Investment Programme and the date on which the relevant part of the Service is scheduled to take place (Scheduled Installation Date);

(c)  notify the Authority of any Existing Attachments which are incapable of reattachment or do not comply with paragraph 3.5 (Authority Attachments);

(d)  notify the Authority of any Existing Attachments which must remain in situ and in respect of which the Service Provider shall (at its own expense) install a new post or another item capable of taking the Existing Attachment where necessary; and

(e)  ensure that the Management Information System contains details of the information set out in paragraphs 7.2(a) to 7.2(d) (inclusive).

Notification by the Authority

7.3  Not less than fifteen (15) Business Days after the receipt of all relevant information in accordance with paragraph 6.1 (BT Attachments), the Authority shall notify the Service Provider in writing of:

(a)  which Existing Attachments are to be re-sited, indicating in sufficient detail on a mark up of the plan provided by the Service Provider where each Existing Attachment is to be re-sited on the new Project Network Parts;

(b)  whether any new Attachment is to be attached to the new Project Network Parts and showing in sufficient detail on the mark-up of the plan provided by the Service Provider where each new Attachment is to be attached;

(c)  which Existing Attachments are either no longer required or are unauthorised; and

(d)  which Existing Attachments must remain in situ, and whether the Service Provider shall install a new post or other appropriate item on which to attach such Existing Attachments.

The Service Provider is not obliged to comply with any instruction of the Authority which puts the Service Provider in breach of this Contract or any Law. The Service Provider shall provide to the Authority evidence of why it considers such instruction would put it in breach and, within five (5) Business Days of receipt of such information, the Authority shall either issue further instructions or refer the matter to the Dispute Resolution Procedure.

7.4  The Service Provider shall re-site and/or attach each Existing Attachment or new Attachment in the position shown by the Authority's mark-up of the plan provided pursuant to paragraphs 7.3(a) or 7.3(b) (as the case may be) at the time of carrying out the Service. Provided that, in the case of new Attachments, the Authority has either:

(a)  supplied the new Attachments to the Service Provider two (2) Business Days before the relevant Scheduled Installation Date notified to the Authority pursuant to paragraph 7.2(b); or

(b)  instructed the Service Provider to procure the new Attachments within ten (10) Business Days before the relevant Scheduled Installation Date notified to the Authority pursuant to paragraph 7.2(b) and the Authority shall reimburse the Service Provider for the reasonable costs of the new Attachment;

(c)  remove and dispose of any Existing Attachments notified by the Authority pursuant to paragraph 7.3(c) at the time of carrying out the relevant removal; and

(d)  install a new post or other appropriate item capable of taking the Existing Attachment (at its own expense) and attach the Existing Attachments to it as instructed by the Authority pursuant to paragraph 7.3(d).

The Authority shall include any such new posts or other appropriate items capable of taking Existing Attachments as part of the Services in accordance with Schedule 14 (Accruals and De-Accruals Process) and the Service Provider shall be responsible for maintaining and replacing such posts or other items pursuant to Schedule 14 (Accruals and De-Accruals Process).

7.5  If the Authority does not give instructions in accordance with paragraph 6.3 (BT Attachments) in relation to any Existing Attachment then:

(a)  the Service Provider shall not remove the Project Network Parts to which the Existing Attachment is attached until the Authority notifies the Service Provider of the position in which the Existing Attachment is to be attached (whether to new Project Network Parts, to a post or other appropriate item) or the Authority supplies a replacement Existing Attachment which complies with paragraph 3.5 (Authority Attachments) or instructs the Service Provider to procure such a replacement in accordance with paragraph 7.4(a);

(b)  the Authority shall reimburse the Service Provider the reasonable and proper cost of removing such Project Network Parts to the extent that such cost is in excess of the cost which would have been incurred had the Project Network Parts been replaced at the time set out in the Core Investment Programme; and

(c)  where and to the extent that such Existing Attachments are attached to any Project Network Parts that is Deemed to Comply Street Lighting and such Deemed to Comply Street Lighting is not removed by virtue of the Authority not giving an instruction pursuant to paragraph 7.3 at such time when it should have been removed in accordance with the relevant Annual Investment Programme shall be deemed to be replaced for the purposes of [Performance Standard 1B], Project Network Parts,

unless the reason for the Authority failing to give instructions is that the Service Provider had not complied with paragraph 7.2 in which case the cost of removing and re-siting the Project Network Parts shall be borne entirely by the Service Provider and such Project Network Parts that are Deemed to Comply Street Lighting which is to be removed in accordance with the relevant Annual Investment Programme shall not be deemed to be replaced for the purposes of paragraph [♦] of the Output Specification.

7.6  If the Authority fails to provide instructions within the time limits set out in paragraph 7.3 but does give instructions before the relevant removal or installation takes place, the Service Provider shall act reasonably in accepting and effecting those instructions.

7.7  Where the Authority fails to provide a new Attachment or fails to provide an instruction in accordance with the time periods set out in paragraph 7.4, the Service Provider shall attach such new Attachment and be entitled to be reimbursed by the Authority for the reasonable costs of such new Attachment in accordance with clause 53 (Financial Adjustments).

7.8  The Service Provider shall undertake its obligations under this paragraph 6 for no additional payment from the Authority, except to the extent that this paragraph 6 expressly states otherwise.