7.14 ACCESS DURING THE OPERATIONAL PERIODS TO PROVIDE SERVICES

7.14.1 During the operational period it is likely that both the Contractor and the Authority Service Providers will require access to areas of the Site under the control of the Authority. The right to obtain access and compensation for failure to obtain access should be primarily governed by the operation of an "Ancillary Rights" regime.22 Where an area is under control of an Authority Service Provider or the Contractor then a process should be agreed between the parties as to how the need for access will be communicated and effected. This could be done in the Interface Protocol. In terms of Contractor access, where it is unable to gain access it will receive relief through the operation of the Authority Services Excusing Cause regime.



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22 A definition of Ancillary Rights is commonly provided in the Contract whereby the Authority grants a licence to the Contractor and Contractor Related Parties to access the Site. In this connection , if an Authority Service Provider has a licence to occupy an area then this licence also should require the service provider, acting reasonable, and on receipt of notice, to give access to the Contractor.