STANDARDS AND PROJECT PRINCIPLES Clause Samples

STANDARDS AND PROJECT PRINCIPLES. 2.1 The Parties shall undertake the Project in accordance with Best Industry Practice and the Project Principles. 2.2 The Operator shall complete the Wayleave Framework Questionnaire and apply to the Authority for Code Rights and exercise those Code Rights in accordance with the provisions of this Agreement, including without limitation the Annexes, and the Wayleave Agreement. 2.3 For the avoidance of any doubt the Annexes, amended and completed as appropriate, are expressly incorporated into this Agreement and will be expressly incorporated into the Wayleave Agreement(s). This includes, but is not limited to, any express commitments given by the Operator in response to the Wayleave Framework Questionnaire and/or express commitments given in the Method Statement. 2.4 For the avoidance of any doubt, the Authority agrees with the Operator that the execution of this Agreement by the Operator confers upon the Operator the right to exercise the Code Rights, and the ancillary rights granted pursuant to this Agreement and the Wayleave Agreement, in relation to the whole of the Authority’s Properties Provided That the Operator continues to comply with the provisions of this Agreement and the Wayleave Agreement. 2.5 The Operator covenants that it will exercise its Code Rights in accordance with the relevant provisions of the Wayleave Agreement, applicable legislation and statutory guidance, and Best Industry Practice, and that it shall comply fully with all reasonable requirements of the local planning and/or highway authorities, and Transport for London as appropriate, in relation to the exercise of Code Rights and any ancillary or related rights in relation to the Project, including but not limited to taking all reasonable measures to minimise any disturbance to any local residents and businesses in response to question 7 of the Wayleave Questionnaire. 2.6 In the event that the Operator does not comply with the provisions of this clause 2 in any material way, and fails with a reasonable period specified by the Authority to take material reasonable steps to remedy any such material non compliance, the Authority may serve the Operator with a Default Notice. Any disputes concerning the service or remedy of a Default Notice shall be resolved under the Disputes and Escalation provisions of this Agreement.