You confirm that you are the freehold owner of the property or you lease the property under a lease agreement.
You grant us the right to install, operate, keep and inspect the apparatus on, over or under the property and to carry out work on the property that is necessary to install, operate, maintain, adjust, inspect, alter, add to, connect to, replace, repair or remove the apparatus and use the apparatus, and to enter the property and access the apparatus for these purposes. We will provide as much notice as possible relating to access of the property.
We will take all reasonable precautions to reduce as far as possible any damage when carrying out our rights under this agreement, and will repair, to your reasonable satisfaction, any damage we cause to the property.
No liability is provided to you under or in connection with this agreement including any liability for any indirect or consequential loss (including loss of profits, business, revenue, contracts or anticipated savings).
The apparatus will always remain our property (both while this agreement is in force and after it ends).
You must not knowingly do or allow anyone else to do anything which causes damage or is likely to damage or interfere with the apparatus.
You must give us a written notice if you plan to carry out any work which will or is likely to have a negative effect on the apparatus.
This agreement will remain in force from the date written above for the whole period during which we are an operator (as defined in the code).
This Agreement shall end or terminate on:
the expiry of not less than 36 (thirty-six) months’ notice given by You to Us or by Us to You which period represents the period required by Us to bring to an end any contractual arrangements that We as Operator got with our customers for the delivery of telecommunications services.
We may terminate this agreement by giving you 30 days’ notice in writing.
We shall dismantle and remove the apparatus and all works ancillary to it in accordance with our obligations within a reasonable time following termination.
Any notice you or we give under this agreement must be in writing and will be considered to have been given to the other if it is delivered by hand or sent by ordinary first-class post and addressed to the last known address of the other party. (Any notice you send to us must be sent to our registered office and marked for the attention of Wayleave officer.) Notice delivered by hand will be effective immediately and notice sent by post will be effective 48 hours after posting.
Nothing in this agreement will prevent or restrict you from altering, developing or redeveloping any buildings, property or land (you must still keep to clause 8 above and any restrictions stated in the code).
We may transfer or share the benefit of this agreement and any rights it provides with any person who the code applies to under the Communications Act 2003 (as amended, modified, replaced or brought back into effect). Where we refer to ‘us’ or ‘we’ in this agreement, this also includes anyone we transfer the rights to or share the benefits with.
You and we agree that this agreement does not create a relationship of landlord and tenant.
This agreement is governed by English law and disputes will be decided in the English courts.
Unless we tell you otherwise and except as stated in the code, nothing in this agreement will give any person any rights under the Contracts (Rights of Third Parties) Act 1999.
